This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
The issue of Polish-Ukrainian relations at the international and trans-border level gained particular importance at the moment of expansion of the European Union to the east, and announcement of the assumptions of the European Neighbourhood Policy in 2004. Since then, relations have continued to thrive and provide a blueprint for cross-border relations in other parts of the EU. In this book the authors examine the issue of cooperation and cross-border relations on the new external border of the EU. The book’s primary objective is to present the way in which the Polish and Ukrainian parties develop the bilateral cooperation, adapting to the changing geopolitical conditions, and responding to the related challenges. The chapters offer a comprehensive diagnosis of the conditions determining the current and future state of Polish-Ukrainian cross-border cooperation and describe the area as a social, economic, and political space.
The EU’s New Borderlandwill be of interest to university students of international relations, geography, economy, or history as well as those willing to expand their knowledge in the scope of regional geography, European integration, cross-border cooperation, and international relations.
In 1494, award-winning author Stephen R. Bown tells the untold story of the explosive feud between monarchs, clergy, and explorers that split the globe between Spain and Portugal and made the world's oceans a battleground.
When Columbus triumphantly returned from America to Spain in 1493, his discoveries inflamed an already-smouldering conflict between Spain's renowned monarchs, Ferdinand and Isabella, and Portugal's João II. Which nation was to control the world's oceans? To quell the argument, Pope Alexander VI—the notorious Rodrigo Borgia—issued a proclamation laying the foundation for the Treaty of Tordesillas of 1494, an edict that created an imaginary line in the Atlantic Ocean dividing the entire known (and unknown) world between Spain and Portugal.
Just as the world's oceans were about to be opened by Columbus's epochal voyage, the treaty sought to limit the seas to these two favored Catholic nations. The edict was to have a profound influence on world history: it propelled Spain and Portugal to superpower status, steered many other European nations on a collision course, and became the central grievance in two centuries of international espionage, piracy, and warfare.
The treaty also began the fight for "the freedom of the seas"—the epic struggle to determine whether the world's oceans, and thus global commerce, would be controlled by the decree of an autocrat or be open to the ships of any nation—a distinctly modern notion, championed in the early seventeenth century by the Dutch legal theorist Hugo Grotius, whose arguments became the foundation of international law.
At the heart of one of the greatest international diplomatic and political agreements of the last five centuries were the strained relationships and passions of a handful of powerful individuals. They were linked by a shared history, mutual animosity, and personal obligations—quarrels, rivalries, and hatreds that dated back decades. Yet the struggle ultimately stemmed from a young woman's determination to defy tradition and the king, and to choose her own husband.
The first fundamental truth about the "Arab Spring" is that there never was one. The salient fact of the Middle East, the only one, is Islam. The Islam that shapes the Middle East inculcates in Muslims the self-perception that they are members of a civilization implacably hostile to the West. The United States is a competitor to be overcome, not the herald of a culture to be embraced.
Is this self-perception based on objective truth? Does it reflect an accurate construction of Islam? It is over these questions that American officials and Western intellectuals obsess. Yet the questions are irrelevant. This is not a matter of right or wrong, of some posture or policy whose subtle tweaking or outright reversal would change the facts on the ground. This is simply, starkly, the way it is.
Every human heart does not yearn for freedom. In the Islam of the Middle East, "freedom" means something very nearly the opposite of what the concept connotes to Westerners – it is the freedom that lies in total submission to Allah and His law. That law, sharia, is diametrically opposed to core components of freedom as understood in the West – beginning with the very idea that man is free to make law for himself, irrespective of what Allah has ordained. It is thus delusional to believe, as the West's Arab Spring fable insists, that the region teems with Jamal al-Madisons holding aloft the lamp of liberty. Do such revolutionary reformers exist? Of course they do . . . but in numbers barely enough to weave a fictional cover story. When push came to shove – and worse – the reformers were overwhelmed, swept away by a tide of Islamic supremacism, the dynamic, consequential mass movement that beckons endless winter.
That is the real story of the Arab Spring – that, and the Pandora's Box that opens when an American administration aligns with that movement, whose stated goal is to destroy America.
Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.
Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases.
These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.
An epic adventure that began with one simple question: Why does my foot hurt?
Isolated by Mexico's deadly Copper Canyons, the blissful Tarahumara Indians have honed the ability to run hundreds of miles without rest or injury. In a riveting narrative, award-winning journalist and often-injured runner Christopher McDougall sets out to discover their secrets. In the process, he takes his readers from science labs at Harvard to the sun-baked valleys and freezing peaks across North America, where ever-growing numbers of ultra-runners are pushing their bodies to the limit, and, finally, to a climactic race in the Copper Canyons that pits America’s best ultra-runners against the tribe. McDougall’s incredible story will not only engage your mind but inspire your body when you realize that you, indeed all of us, were born to run.
Such an approach will be sceptical rather than cynical, intending to provide the means by which the role of international law may be evaluated. This entails discussion of the legal quality of international law; of the relationship between the academic disciplines of international law and international relations; of the apparent 'Eurocentricity' of international law, and of the relationship between political power and the ability to use or abuse (or ignore) international law.
Underlying the book is the assertion that international law is political in content (in the sense of being concerned with the exercise of power) but that it draws much of its effectiveness from its self-portrayal as being apolitical, or at least politically neutral.
The third part deals with translation but from a theoretical point of view. By making use of (mostly) pragmatic concepts. A framework has been established to account for as many meanings in the texts as possible.
The fourth section contains texts and documents, as well as introductions in most cases, illustrative of the different areas of the Law (Housing Law, Criminal Law, etc). Special care has been taken to select a wide variety of texts and documents to allow readers to enjoy an overview of Legal English at work. This section is heavily annotated. These notes provide explanations and translations into Spanish of the most difficult words, expressions and concepts.
We are sure that this book will be useful to both the student (of English Philology, Translation and Law) and the proffesional involved in the teaching of English, journalists, translators as well as lawyers, judges, etc.
Several chapters focus on the International Criminal Court, in particular its substantive jurisdiction (genocide, crimes against humanity, war crimes and aggression), modes of liability and available defenses. Additional chapters cover the purposes and procedures of extradition (and its alternatives, such as “rendition”) and mutual legal assistance (obtaining evidence abroad for use in criminal cases). Attention is also given to the major “transnational crimes,” including in particular terrorism, corruption, trafficking and organized crime. A final chapter addresses the “future” of international criminal law and alternatives to international prosecutions. The book is written so that readers will not require prior experience in the field of international law.
The contributors to this volume, whose backgrounds range from political science and history to economics, law, and sociology, examine the "deep structure" of an order that was first imposed by the Allies in 1945 and has been a central feature of world politics ever since. Creatively and insightfully blending theory and evidence, the chapters in The End of the West? examine core structural features of the transatlantic order to determine whether current disagreements are minor and transient or catastrophic and permanent.
Military analyses derived from Roman law contained enough historical examples to fill an encyclopedia. Yet, although addressed to the problems of their day, they generally remained the private counsel of scholars and had little impact on political and military decisions. While theorists of international law were developing a body of rules to govern warfare, practitioners of conflict were largely moved by the motives of military necessity.
Under the dual auspices of military necessity and national self-interest, the code of the military commander was simple: maintain a disciplined fighting force in order to achieve military victory. To remedy this gap between theory and practice, a practical guide was needed which would briefly describe for commanders in the field the rights and obligations of belligerents as custom and theory had developed them. Then political and military policy could be expected to conform to the theoretical law of nations. This was the synthesis that the Lieber code proposed. Originally published in as Lieber's Law and the Code of War, this paperback edition bears a new title that more precisely identifies the subjects covered.
When three-month-old Lia Lee Arrived at the county hospital emergency room in Merced, California, a chain of events was set in motion from which neither she nor her parents nor her doctors would ever recover. Lia's parents, Foua and Nao Kao, were part of a large Hmong community in Merced, refugees from the CIA-run "Quiet War" in Laos. The Hmong, traditionally a close-knit and fiercely people, have been less amenable to assimilation than most immigrants, adhering steadfastly to the rituals and beliefs of their ancestors. Lia's pediatricians, Neil Ernst and his wife, Peggy Philip, cleaved just as strongly to another tradition: that of Western medicine. When Lia Lee Entered the American medical system, diagnosed as an epileptic, her story became a tragic case history of cultural miscommunication.
Parents and doctors both wanted the best for Lia, but their ideas about the causes of her illness and its treatment could hardly have been more different. The Hmong see illness aand healing as spiritual matters linked to virtually everything in the universe, while medical community marks a division between body and soul, and concerns itself almost exclusively with the former. Lia's doctors ascribed her seizures to the misfiring of her cerebral neurons; her parents called her illness, qaug dab peg--the spirit catches you and you fall down--and ascribed it to the wandering of her soul. The doctors prescribed anticonvulsants; her parents preferred animal sacrifices.
His answer is that we pay too much attention to what successful people are like, and too little attention to where they are from: that is, their culture, their family, their generation, and the idiosyncratic experiences of their upbringing.
Along the way he reveals the secrets of software billionaires like Bill Gates, why you've never heard of the smartest man in the world, why almost no star hockey players are born in the fall, why Asians are good at math, what made the Beatles the greatest rock band and, why, when it comes to plane crashes, where the pilots are from matters as much as how well they are trained.
The lives of outliers follow a peculiar and unexpected logic, and in uncovering that logic, Gladwell presents a fascinating blueprint for making the most of human potential--one that transforms the way we understand success.
The book takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, and marine resource and conservation issues including fisheries, marine environmental protection, and dispute settlement.
As the Convention is now over a quarter of a century old the book takes stock of contemporary oceans issues that are not adequately addressed by the convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, how declines in the health of marine ecosystems can be halted through strengthened legal regimes, and how the law of the sea can regulate ocean space in the Polar regions as global warming opens up new possibilities for resource exploitation.
While the book cannot cover every aspect of the subject matter, it nevertheless offers comprehensive coverage of those aspects of EU law most commonly studied at degree level. Part I introduces the history and foundations of the Union's primary law. Part II looks at the Union's institutions, decision-making procedures and competences. It also deals with the Union judiciary, focusing on direct actions before the Union courts and preliminary references from national courts. The constitutional fundamentals of direct effect and supremacy, effective judicial protection before national courts, general principles of Union law and the Charter of Fundamental Rights are dealt with in Part III. Part IV covers the internal market: free movement of goods, Union citizenship, workers, establishment and services, the services directive, mutual recognition of qualifications, corporate establishment and company law harmonisation. Part V deals with competition law: Articles 101 and 102 TFEU, the enforcement of Union competition rules and other related competition law issues. Part VI then includes a brand new chapter concerned with the EU's external relations, together with treatment of the legal effects of international agreements entered into by the EU.
As with previous editions the aim is to provide an accurate, critical, pragmatic and original account of the subject, at times also offering unique insiders' insights. The book holds to its reputation as being both broad and profound, the ideal foundation for gaining a deep understanding of EU law.
This edition reflects the law post-Lisbon. It has also been re-structured and re-designed, so as to facilitate ease-of-use. Its original authors, Derrick Wyatt and Alan Dashwood, continue to make a significant contribution. Michael Dougan, Eleanor Spaventa and Barry Rodger complete the team of authors working on this invaluable textbook and reference work.
The 6th edition has already been cited in the Northern Ireland High Court by The Honourable Mr. Justice Bernard McCloskey  NIQB 61.
As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations.
This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.
This study will aid readers not only to understand different national and cultural perspectives of thorny communication issues, but also show that though freedom of expression is a pluralistic concept, the actions of all political regimes at the national, transnational, and international levels must be held up to the universal standards of freedom of expression set forth in the Universal Declaration of Human Rights. New Media, Old Regimes provides essential scholarship on comparative communication law and policy in a world of new media.