Given the new-found importance of the commons in current political discourse, it has become increasingly necessary to explore the democratic, institutional, and legal implications of the commons for global governance today. This book analyses and explores the ground-breaking model of the commons and its relation to these debates.
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Edited by Mara Tignino and Christian Bréthaut
Recent decades have seen pivotal changes in the management and protection of water resources, with human rights, environmental and water law each developing a strong interest in the conservation of fresh water. This surge in interest has meant that dispute settlement mechanisms, along with diplomatic tools, are becoming increasingly necessary for conflict resolution. This Handbook offers an analysis of the interaction between law and various forms of knowledge and expertise, ranging from economics to environmental and social sciences. Leading scholars examine general and specific water legal regimes and analyse the interplay between various disciplines in order to establish the extent to which law is informed by each.
Due Diligence Obligations among the P5
This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.
In Search of Best Practice
Edited by Mary Crock and Lenni B. Benson
Unprecedented numbers of children are crossing international borders seeking safety. Framed around compelling case studies explaining why children are on the move in Africa, the Americas, Asia, Europe, the Middle East and Oceania, this book explores the jurisprudence and processes used by nations to adjudicate children’s protection claims. The book includes contributions from leading scholars in immigration, refugee law, children’s rights and human trafficking which critically examine the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children.
Axel Marx and Jan Wouters
Global governance emerged as a concept more than two decades ago. Despite its relevance to key processes underlying the major public policy questions of our age, the contours of 'global governance' remain contested and elusive. This Research Review seeks to clarify key trends and challenges in global governance by bringing together the leading scholarship on its different forms. The Literature Review Article discusses key issues in relation to global governance institutions: democracy, legitimacy, accountability, fragmentation, effectiveness and dispute settlement.
Law, Theory and Implementation
Edited by Duncan French and Louis J. Kotzé
Building on the previously established Millennium Development Goals, which ran from 2000-2015, the 2015 Sustainable Development Goals (SDGs) provide the UN with a roadmap for development until 2030. This topical book explores the associated legal and normative implications of these SDGs, which in themselves are not legally binding.
Jus Contra Bellum
This book offers a comprehensive study into the use of force and the maintenance of peace in international relations. Whilst rooted in public international law, it also approaches the question from different angles, including its historical evolution and its sociological environment. The competences and practice of the UN and of regional organizations in the maintenance of peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyzes each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for the future of this branch of the law.
Legal and Policy Aspects
Edited by Jan Wouters, Philip De Man and Rik Hansen
Commercial Uses of Space and Space Tourism combines the perspectives of academics, policy makers and major industry players around three central themes connected to commercial spacefaring: the international legal challenges posed by the dramatic changes to the spacefaring landscape through privatisation and commercialisation; the corresponding legal and regulatory responses to these challenges at the national level; and related topical questions of global space governance.
Strategic Models and Factors
Antonios E. Platsas
This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
The Case of Individual Victims of Human Rights Violations
Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.