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The Amazon rainforest is a vital carbon reservoir and climate regulator, and yet global demands on its natural resources are leading to irreversible environmental damage, impacting the planet's water cycle, climate, and food security. How to balance the interests of the eight Amazon basin states with these global environmental concerns, and the ancestral rights of the over 400 indigenous peoples that live there? Building on fieldwork in Peru, Brazil, and Ecuador, this book provides a novel multi-scalar and multi-sectoral analysis of the Amazon. In doing so, it argues that the current governance of the Amazon exhibits the policy failures of polycentricity, with different authorities developing localised environmental initiatives with weak coordination. It sets out a policy paradigm shift to plurinational governance, that incorporates indigenous peoples and conservation scientists in international decision-making. This book will interest academics of environmental law, politics and governance, and policymakers and practitioners involved in global environmental governance in general and international commons and the Amazonian region in particular.
International Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and caselaw, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. The 10th edition has been updated to reflect the most recent developments in the field, offering expanded coverage of the law of outer space, the law of the sea, the International Court of Justice, and international humanitarian law. Additional material has also been added to sections on cyber operations and non-state actors. International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.
International commercial arbitration has failed to redeem its promise to be efficient. Approximately 27% of all international commercial arbitral proceedings are settled before issuance of a merits-based award. This book asserts that legacy international commercial arbitration is based on the economic efficiencies arising from a zero-sum-game approach to dispute resolution pursuant to which the most efficient result is one that yields a prevailing (winning) and non-prevailing (losing) party. This emphasis on process efficiency has caused international commercial arbitration to lose its standing as the premier dispute resolution methodology for cross-border commercial conflicts. Historically, settlement has not been perceived as an element of international commercial arbitration's culture. Only recently has a consensus arisen acknowledging that arbitrators have an obligation to facilitate settlement. This book explains that, through timely risk assessment, voluntary settlement of arbitral proceedings will become the rule, not the exception, leading to optimal efficiency.
Written for students working in a range of disciplines, this textbook provides an accessible, balanced, and nuanced introduction to the field of public international law. It offers the basic concepts and legal frameworks of public international law while acknowledging the field's inherent complexities and controversies. Featuring numerous carefully chosen and clearly explained examples, it demonstrates how the law applies in practice, and public international law's pervasive influence on world affairs. Aiming not to over-emphasize any particular domestic jurisprudence or research interest, this textbook offers a global overview of public international law that will be highly valuable to any student new to the study of this very significant field. The 2nd edition has been updated to address the latest developments in the field. It includes new and current examples and cases in key areas, such as human rights law, criminal law, humanitarian law, and environmental law.
Navigating the Souring Seas explores how ocean acidification (OA)-a significant yet under-governed environmental threat-is being addressed on the global stage. Bridging science, law, and international policy, this interdisciplinary book introduces global experimentalist governance as an innovative and adaptable framework for tackling complex and uncertain issues like OA. It provides a clear overview of the scientific background of OA and maps the international governance landscape, identifying it as a regime complex. Through detailed interview-based case studies of the Ocean Acidification Alliance and the International Maritime Organization, the book evaluates real-world efforts to govern OA and highlights how experimentalist features, such as flexibility, learning, and multilevel collaboration, can enhance their effectiveness. Accessible and timely, this book is essential reading for scholars, students, policymakers, and environmental practitioners seeking practical, forward-looking governance strategies for ocean and climate challenges. It offers both theoretical insight and concrete recommendations for improving global environmental governance.
Volume II of The Cambridge History of International Law breaks the mould of Eurocentric histories in the field by exploring international law in Asia from antiquity to decolonisation. Its twenty-six chapters span a vast geography, covering both the landmass and the oceans; offering accounts of statecraft and diplomacy, war and trade; marriage and gift-giving; treaty-making and dispute settlement; ideas of the human and 'the other'; and entanglements of political authority with mercantile, corporate and religious orders. The chapters introduce readers to a diverse cast of characters, from scholars, scientists, geographers, mapmakers; to traders, merchants, shipowners and entrepreneurs; and to women, revolutionaries, pirates, labourers, and monks. The volume explains leading historiographical trends, ponders the challenges of writing Asian histories of international law, highlights available materials and methods, and showcases the conceptual purchase of Asian histories for thinking about international law.
This is the story of Louis Bieral, a nineteenth-century gangster, politician, sportsman, and Civil War hero. Kidnapped from his birthplace in revolutionary South America, he doused fires in Jacksonian New York, battled Sumatran pirates with the US Navy, and panned for California gold. As a crime boss, he raced horses, boxed champions, and ran brothels. Yet Bieral's adventurous life was also steeped in the brutality of his time. He befriended rowdies like 'Butcher' Bill Poole, returned fugitives like Anthony Burns to slavery, and assaulted abolitionists such as Richard Henry Dana. As a Union officer, Bieral won fame in battle. He was a Gilded-age bodyguard for 'Boss' Tweed, William Seward, and Jim Fisk, becoming a suspect in that tycoon's murder. From the docks of Valparaíso to the dining room of Delmonico's to the cells of Auburn Prison, Bieral's remarkable journey illustrates the violence that bound nineteenth-century America together.
The Irish health system is confronted by a range of challenges, both emerging and recurring. In order to address these, it is essential that spaces are created for conversations around complex ethical and legal issues. This collection aims to provide a basis for ongoing engagement with selected issues in contemporary Irish health contexts. It includes contributions from scholars and practitioners across a range of disciplines, most particularly, ethics, law and medicine.The focus of the collection is interdisciplinary and the essays are situated at the intersection between ethics, law and medicine. Important issues addressed include admission to care homes; assisted suicide; adolescent decision-making; allocation of finite resources; conscientious objection; data protection; decision-making at the end of life; mental health; the rights of older people; patient responsibilities; stem cell research; the role of carers; and reproductive rights. From these discussion, the collection draws out the following interlinking themes, addressing difference; context and care; oversight and decision-making; and, regulating research.The essays are theoretically informed and are grounded in the realities of the Irish health system, by drawing on contributors’ contextual knowledge.This book makes an informed and balanced contribution to academic and broader public discourse.
Freedom of information (FOI) is important because it aims to makes government open, transparent and accountable. FOI legislation is based on the premise that people have the right of access to public documents, save for certain exemptions. The philosophy behind such legislation is that citizens have a ‘right to know’ how and why decisions are made by government in their name. In that context it could be argued that FOI legislation also has the potential to lead to more accountable government, less corruption and better democratic outcomes for states. This book traces Ireland’s experience of FOI legislation, from the first FOI Act in 1997, to the amendments that significantly constrained its provisions in 2003, to the proposed new revisions that will come into operation in 2013. Following from that, it looks at the operation and use of FOI from a series of perspectives: from a governmental perspective, taking views from public officials and politicians, in government and in opposition; from a state perspective, looking at the legal balancing act between keeping secrets and keeping government accountable; from a journalist perspective on the use and misuse of FOI; and from a citizen’s perspective, using FOI to develop active citizenship and engagement. Finally, taking all of these views into account, the book assesses the extent to which FOI has contributed to, and may continue to contribute to, political reform.
This Element examines the origins, development, and prospects of forensic linguistics in Indonesia, drawing on a survey of 53 participants and a systematic review of studies from 2011 to 2023. Emerging from early language-related cases in the Old Order era and initially driven by scholars trained abroad, the field has grown through research, collaboration, and academic integration. Key topics include justice sector needs, linguistic diversity, standardization, and institutional strengthening. Despite limited capacity-building, training initiatives have enhanced the field's visibility. The Element outlines challenges and opportunities for advancing forensic linguistics' role in legal reform and fair justice, making it a valuable reference for scholars and practitioners.
The Cambridge Companion to World Trade Law offers expert but compact discussion of the diverse perspectives, enduring issues, and emergent challenges in the field. This volume offers a lively and thorough overview of the subject in all its dimensions. It takes stock of the state of the field of trade law without allowing current events to dominate key debates. It is intended to be appreciated not only by a legal audience as a collection of concise yet thoughtful reflective pieces, but also by readers across the fields of business, economics, finance, sociology, diplomacy, and international relations who may have no specialist trade law knowledge. It will appeal not only to the novice but also to the seasoned trade law expert who might wish to have at hand a single-volume compendium of current expert analysis across the different dimensions of trade law.
Americans of all political stripes are becoming increasingly frustrated with the partisanship of present-day politics. Democrats and Republicans alike claim mandates on narrow margins of victory and are quick to condemn their opponents as enemies of the public good. The Framers of the Constitution understood that such divisions are rooted in the political factions inherent in democracy. Their solutions were federalism, the separation of powers, bicameralism, judicial review and other structural constraints on majority rule. Over the course of US history some of those constraints have been eroded as American politics have become more democratic and less respectful of the liberties and freedoms the Framers sought to protect. American Factions advocates for a renewed understanding of the problem of political factions and a restoration of the Constitution's limits to revive a politics of compromise and bipartisanship.
Established in the wake of the First World War, the League of Nations fundamentally transformed international politics, global governance and multilateral cooperation in a multitude of fields from the economy, labour and social affairs to colonial, minority and security questions. This Handbook analyses the central role of law in the construction of a new international order under the League of Nations. Drawing from innovative research of recent years that analyses the League of Nations through the prism of ultimate success and failure, it offers twenty-one rich chapters that showcase an interdisciplinary, contextual and archive-based approach with brand new and unexplored case studies that address key topics of the legal history of the League, the International Labour Organization and the Permanent Court of International Justice. Finally, it offers a new historical synthesis of how to understand the role of international law in international organizations during the interwar period.
Environmental challenges require diverse legal approaches. In this comprehensive handbook, global scholars examine the nexus of Islam and environmental law as a significant yet understudied framework for contemporary governance. Spanning fourteen centuries of legal development, Islamic environmental jurisprudence offers sophisticated approaches to stewardship, resource management, and climate policy. Chapters include detailed case studies of Pakistan's constitutional courts and Malaysia's environmental legislation, Gulf economic transitions, and water-governance innovations, all demonstrating how Islamic legal principles inform real-world environmental solutions. Each contribution provides a nuanced analysis of how traditional concepts adapt to contemporary contexts across diverse Muslim-majority nations. Timely and innovative, this handbook is an ideal resource for environmental law scholars, comparative legal researchers, policy analysts, and development practitioners working in multicultural contexts.
This Handbook is the first global comparative volume that examines the use of AI and digital technologies in courts. With contributions from over seventy academics, judges, and other professionals from over twenty-five countries, it provides an interdisciplinary and cross-jurisdictional perspective on how judicial institutions are responding to the opportunities and risks posed by AI. Covering judicial use of AI across domestic and regional jurisdictions in Europe, North and South America, Asia-Pacific and Africa, this Handbook begins with the premise that introducing AI into courts is not merely a technical upgrade but a constitutional reckoning and fresh call for judicial accountability. Each chapter examines not just what AI can do for courts, but what courts must do to ensure that AI tools enhance, rather than erode judicial values, justice and the rule of law.
This book will examine whether the insights gained on due diligence to regulate transnational business conduct in the aforementioned areas of international law can be transposed mutatis mutandis to the context of the customary duty of non-assistance, due to their significant similarities with the book's central research issue.
Some of the leading figures in private law engage in dialogue with younger colleagues about the future prospects of European contract law. They examine the major issues that, taking stock of the progress made so far, remain open today, and discuss the trends that may be followed in the future.
This book is about the European Union's role in conflict resolution and reconciliation in Europe. Ever since it was implemented as a political project of the post-World War II reality in Western Europe, European integration has been credited with performing conflict-resolution functions. The EU allegedly transformed the long-standing adversarial relationship between France and Germany into a strategic partnership. Conflict in Western Europe became obsolete. The end of the Cold War further reinforced its role as a regional peace project. While these evolutionary dynamics are uncontested, the deeper meaning of the process, its transformative power, is still to be elucidated. How does European integration restore peace when its equilibrium is broken and conflict or the legacies of enmity persist? This is a question that needs consideration. This book sets out to do exactly that. It explores the peace and conflict-resolution role of European integration by testing its somewhat vague, albeit well-established, macro-political rationale of a peace project in the practical settings of conflicts. Its central argument is that the evolution of the policy mix, resources, framing influences and political opportunities through which European integration affects conflicts and processes of conflict resolution demonstrates a historical trend through which the EU has become an indispensable factor of conflict resolution. The book begins with the pooling together of policy-making at the European level for the management of particular sectors (early integration in the European Coal and Steel Community) through the functioning of core EU policies (Northern Ireland).
This book provides a critical, conceptual-historical analysis of democracy at the United Nations, detailed in four ‘visions’ of democracy: civilization, elections, governance and developmental democracy. ‘I know it when I see it’ were the famous words of US Supreme Court Justice Potter Stewart on defining obscenity. It is with the same conviction and (un)certainty that liberal peacebuilders and democracy promoters have used democracy to achieve both the immediate goals of peacekeeping and the broader, global mission of the UN. Today, democracy may have gained an international dimension, yet its success as an organizational practice depends on how it has been defined. Drawing on political theory and democratization scholarship, the book questions the meaning of this well-‘known’ idea. It analyses the way in which the UN, through its Secretary-General, relevant agencies and organizational practices, have thought about, conceptualized and used democracy. The book shows that while the idea of democracy's ‘civilizing’ nature has played a prominent part in its use by the UN, an early focus on sovereignty and self-determination delayed the emergence of the democracy agenda until the 1990s. Today, a comprehensive democracy agenda incorporates not only elections but a broad range of liberal-democratic institutions. Despite this, the agenda is at an impasse, both practically and philosophically. The book questions whether an extension of the UN democracy agenda to include ‘developmental democracy’ is feasible.
In 1662, in the aftermath of the Restoration, parliament passed new legislation for the settlement and removal of the poor. Important provisions were finalised in no more than a few days. But once the settlement of the poor was set in law it became an agent of historical change that affected society, state formation, and the lives of millions in Britain and beyond for centuries to come. Within a few decades, practices of local government were transformed. In towns and villages hierarchies of social status and gender were affected. The rising empire employed the settlement administration to mobilise forces for large-scale international wars and to deal with soldiers' wives and children left behind. The huge number of bureaucratic forms generated following the new policies made a lasting impact on administrative culture. The Settlement of the Poor in England is about social change and about history's unintended consequences. It is also about the struggles and experiences of individuals and communities. It reminds us how the settlement legislation still resonates today. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.