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Billions flow through illicit trade annually, harming societies and economies, yet the International Community struggle to respond effectively. This book provides a groundbreaking, integrated perspective, bridging the divide between Public International Law and WTO Law to offer a cohesive strategy against illicit trade. It starts by proposing a much-needed definition and innovative typologies – like per se vs de facto – to systematically understand the phenomenon. Real-world case studies and analysis of state regulatory measures illustrate the practical challenges. The author critiques the WTO's evasive stance, dissecting key dispute settlement cases, and introduces the concept of 'International Law Against Illicit Trade' (ILAIT) based on established legal principles. Offering more than mere critique, the book culminates in specific, actionable proposals for WTO reform, making a compelling case for adapting trade rules to fight illicit trade effectively. This book is a vital resource for anyone involved in international trade law and policy.
What is the moral foundation of human rights, justice, and the rule of law? In a time of deep cultural and political division, this volume charts the rich history of one of the most enduring ideas in Western thought: that moral and legal norms are rooted in human nature and accessible to reason. Spanning ancient, medieval, early modern, and contemporary traditions-including Islamic and African-American perspectives-the volume shows how Natural Law has evolved and how it continues to shape debates in ethics, politics, and jurisprudence. With chapters on Aristotle, Aquinas, Grotius, Locke, and the American Founders, as well as modern voices like Jacques Maritain and Martin Luther King, it offers both historical depth and philosophical clarity. Essential reading for students and scholars in philosophy, law, theology, and political theory, it invites readers to rediscover a tradition that speaks urgently to the moral challenges of our time.
The intervention of States in legal proceedings touches upon some of the most beguiling questions in international dispute settlement. These include questions of treaty interpretation, obligations erga omnes, the sources of judicial power and rulemaking, the nature of incidental proceedings, the Monetary Gold doctrine of indispensable parties, cross-fertilization between judicial and arbitral bodies, and principles of jurisdiction, party autonomy, and res judicata. As jurists and scholars tend to address these questions in isolation, however, each development in third-State practice has raised unimagined issues of first impression-such as the 2022 declarations of dozens of States exploring mass intervention before the International Court of Justice in Ukraine v. Russia, and the participation of neighbouring States without China's presence in the 2016 South China Sea arbitration. By applying conceptual, comparative, and historical approaches to international justice, this book instead offers a uniquely holistic assessment of the practice and prospective development of intervention.
This book delivers an in-depth doctrinal analysis of the right to science under Article 15 ICESCR, focusing on the novel concept of its core content, as well as on its rights holders and duty bearers. Monika Plozza challenges the entrenched dichotomy between economic, social and cultural rights on the one hand and civil and political rights on the other, demonstrating that the right to science is fully justiciable. Situating it within the wider framework of international human rights law, she traces its connections with a broad range of related rights. In doing so, this book equips scholars, practitioners, and policymakers with the legal tools needed to invoke and implement the right to science in judicial and policy contexts. Timely and rigorous, it establishes the right to science as a vital legal framework for confronting global challenges ranging from climate change and disinformation to artificial intelligence. This title is also available as open access on Cambridge Core.
Many believe that the power to start wars is the most important issue of constitutional war powers-and perhaps the most important issue of constitutional law altogether. Yet this fixation on the power to start wars obscures equally important questions. Who has the power to prepare for war, deter it, conduct it, decide its aims, or end it? Although many democracies wrestle with these constitutional questions, the United States stands apart in that no other written constitution has had to function over time across such dramatic transformations in national military power and radical swings in strategy for wielding it. To show the many ways that political leaders have adapted law-in war, in peace, and in the gray zones between-this book weaves together the stories of American constitutional war powers, military history, and grand strategy from the Revolutionary War to possible conflicts of the future. This title is also available as open access on Cambridge Core.
This textbook provides an interdisciplinary overview of international human rights issues, offering international coverage (especially the Global South). Fully revised and updated, this second edition considers the philosophical foundations of human rights, explores the interpretive difficulties associated with identifying what constitutes human rights abuses, and evaluates various perspectives on human rights. It then analyzes institutions that strive to promote and enforce human rights standards including the United Nations system, regional human rights bodies, and domestic courts. It also discusses a wide variety of substantive human rights issues including genocide, torture, capital punishment and other forms of punishment. In particular, it covers understudied topics such as socio-economic rights, cultural rights and environmental rights, and emerging issues, such as right to health and human rights and technology. It focuses on the rights of marginalized groups including children's rights, rights of persons with disabilities, women's rights, labor rights, Indigenous rights, and LGBTQ+ rights.
The Cambridge Handbook of the Law of Networks, Platforms and Utilities offers a comparative and multi-sector analysis of the most important industries shaping people's lives, including transportation, communications, finance, energy, technology, and social infrastructure. Enterprises in these sectors are unlike other businesses because they form the basic infrastructure for commerce and society. Network, platform, and utility (NPU) enterprises tend toward monopoly or oligopoly, and often involve structurally unequal bargaining power because of economies of scale, network effects, special skills, and high capital costs. As a result, NPU enterprises around the world have generally been governed by distinctive legal regimes: public ownership, public utility regulation and oversight, or public options alongside private businesses. The Cambridge Handbook of the Law of Networks, Platforms and Utilities brings together leading scholars to capture the central themes and concepts in the field and describe how countries around the world govern NPU enterprises.
Incidents at Sea in US Diplomacy and International Law chronicles America's maritime struggles from 1798 to 2025, blending riveting historical narratives with in-depth legal analysis. This book chronicles pivotal maritime incidents in US history from 1798 to 2025, exploring US naval and diplomatic efforts to shape the law of the sea. Spanning 14 chapters, the book dissects key conflicts with France, Great Britain, the Barbary States, Germany, Russia, North Korea, North Vietnam, Cambodia, Libya, China and the Houthi forces in Yemen. These disputes highlight themes of freedom of navigation, innocent passage, neutral rights and protection of commerce, high seas freedoms, and gray zone coercion, armed attack and self-defense at sea. The incidents range from historical conflicts over neutral rights to contemporary challenges to freedom of navigation, which is a cornerstone of the US alliance system with NATO and key allies, including Australia, the Philippines, Korea and Japan.
The book examines how civil disputes are resolved in England and Wales, where courts, alternative dispute resolution (ADR), and digital technologies increasingly interact within a pluralist justice system. Part I analyses adjudicative processes-particularly litigation and arbitration-as mechanisms for delivering substantive justice. Part II explores consensual and hybrid approaches, including negotiation, mediation, and ombudsman schemes, focusing on their adaptability and emphasis on early settlement. Part III considers technological innovation, including Online Dispute Resolution, digital courts, and artificial intelligence, and how these developments are reshaping access to justice. Tracing the convergence of adjudicative, consensual, and digital processes, the book argues that technology is dissolving traditional boundaries between court-based and ADR methods. It advances a conceptual and practical framework for twenty-first-century civil dispute resolution, integrating doctrinal, comparative, and policy insights, and it positions justice, settlement, and technology as the core pillars of analysis and reform.
Addressing water insecurity through increased investment in water infrastructure and technologies has become a key priority in several arid and water scarce countries in the Middle East and North Africa (MENA) region. Yet, advancing water security is not solely technological - it also has profound law and policy implications. Given the implication of water security for sanitation, food, energy, land, human rights, peace and conflict prevention in the region, holistic legal and institutional frameworks that advance the sustainable management of water resources across all sectors are essential. This book offers a comprehensive and authoritative account of the guiding principles and rules on water in the MENA region. It introduces readers to the applicable legislation, institutions and rules underpinning the design, approval, financing and application of water infrastructure and technologies across the MENA region. It concludes with reflections and recommendations on legal and regulatory innovations that can help unlock sustainable and rights-based implementation of water law and policy in the MENA region.
Foreign investments may play a pivotal role in promoting the sustainable development of Africa. This book charts Africa's investment law revolution through the lens of the continent's Renaissance. It provides a rigorous and critical examination of how the continent is reshaping the rules of engagement. In many respects, African States and organizations have been extremely proactive and innovative in reforming investment treaties. They have continuously sought to strike a balance between, on the one hand, the effective protection of foreign investments, both in substantive and procedural terms, and, on the other hand, the legitimate exercise by the host State of its regulatory powers. These efforts have resulted in legal instruments that now feature important provisions on environmental protection, human rights, corporate social responsibility, labour standards, and public health.
Why and how did English society embrace the prison as an answer to social problems? This study uncovers an important part of this story, revealing the growing centrality of prisons in early modern England to everyday social relations based on credit and debt. Between 1560 and 1700, prisons became essential to disciplining economic and moral life, provoking growing anxiety over incarceration and loss of liberty. In turn, new ideas crystallised about prisons as tools of coercion, deterrence, punishment and rehabilitation, while novel abolitionist politics developed among prison activists. This came to a head during the English Revolution, when prisoners' longstanding antagonism towards state and legal institutions entered radical milieus and law reform movements, impacting debates over authority, tyranny and liberty. This study reveals how straining credit networks, swelling prison populations and socioeconomic upheaval reshaped early modern society and politics. In doing so, Richard Thomas Bell sheds new light on the development of carceral ideas that remain fundamental, yet increasingly controversial, in contemporary society.