International ret

A study of the intellectual and cultural underpinnings of the idea of internationalism. Argues that a global outlook is necessary to address the problems of the modern world.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it.This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

From one of the nation’s preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation

Esta obra pone en evidencia la desigualdad de fuerzas que prevalece entre los Estados Miembros de la ONU, toda vez que la guerra preventiva desatada por la Federación de Rusia sobre Ucrania, no solo reafirma una vez más el diseño fallido que en materia de seguridad internacional contempla la Carta de las Naciones Unidas, sino que pone en jaque a Europa y altera el tablero mundial dentro del cual prevalece la voluntad soberana de los Estados por encima de la voluntad común colectiva cuyo propósito principal por garantizar la paz se torna abstracto y lejos de la realidad. Los escritos develan un escenario de guerra dentro del cual Rusia cuestiona la capacidad de la ONU a los efectos de generar pautas de orden global, y al mismo tiempo advierte que la seguridad colectiva de ningún modo puede ser presidida por la OTAN. Su intervención bélica a través de una operación militar especial sobre Ucrania, puso a prueba la eficacia militar de esa organización transatlántica y despertó en ella una crisis de identidad entre sus miembros europeos la que está condicionada a las decisiones que adopte Estados Unidos de America.

The book rethinks the means of harmonization of prima facie norm conflicts in light of the multitude of international agreements across regimes. The methodology deployed in this book, which is referred to as complementation or complementary application, represents a novel approach by focusing on commonly shared objectives and a unifying ordre public transnational across fields of public international law that allow for a harmonization beyond traditional treaty interpretation. Fields of public international law, mainly the laws of armed conflict, international environmental law, and human rights law, apply simultaneously to questions regarding the environment and war. Such a coexistence challenges the unity of the international legal order, and it also challenges the means of harmonization across fields of public international law. However, eventually, the co-existence of several fields of public international law can result in a refinement of international law and enhanced legal protection. Diversification can also contribute to clarification or normative intensification in areas of parallel application of various fields and multilayered legal protection, demonstrating a counter-option to fragmentation.

This book discusses various legal aspects of automated and autonomous transport. The regulation of automated and autonomous transport encompasses legislation on automated cars, ships, vessels, and drones. Questions surrounding this novel area of the law, which has attracted major worldwide interest and publicity, are likely to dominate our societies and everyday life in the years ahead. One major challenge addressed in this book is remedying the regulatory fragmentation that can be observed around the globe concerning legislation on automated and autonomous transportation systems. Written and edited by respected experts in the field, including academics and practitioners alike, this book seeks to fill an important gap in the literature.Given its focus and scope, the book will be of considerable interest to practitioners, academics, and policymakers, judges, students and secondary audiences, including engineers, sociologists, naval architects, all those involved in the automated industry, and people working in AI.

"The objective of the revised edition of The Practitioner's Guide to the PCT is to continue the process of demystifying the PCT. The guide is based on the authors' many years of experience with the system, on the numerous PCT seminars and presentations they have given, and on the important lessons they have learned from the mistakes they have made"--

Perpetual Peace: A Philosophical Essay, a classical book, has been considered important throughout the human history, and so that this work is never forgotten we at Alpha Editions have made efforts in its preservation by republishing this book in a modern format for present and future generations. This whole book has been reformatted, retyped and designed. These books are not made of scanned copies of their original work and hence the text is clear and readable.

In the era of globalisation, cross-border crimes are becoming increasingly common. The nature of these crimes is complex, and cross-border evidence exchange is, therefore, crucial to the successful prosecution of these offences. The exchange of evidence between countries can provide invaluable assistance in solving crimes that have an international dimension. The European Investigation Order (EIO) allows judicial authorities to request evidence more quickly and easily than via traditional instruments. The EIO has become the primary legal tool for gathering trans-border evidence, replacing the traditional Mutual Legal Assistance (MLA) conventions previously used. However, the EIO is not the only pertinent legal instrument for cross-border evidence gathering within the EU. Accordingly, professionals need a clear understanding of this subject.Exchanging evidence among judicial authorities in the EU Member States presupposes twoessential components. First, there must be a secure communication channel. This is provided by e-CODEX, which offers a European digital infrastructure for secure cross-border communication in the field of justice. Recently (May 30th, 2022), the e-CODEX system became the digital backbone of EU judicial cooperation in civil and criminal matters on the basis of Regulation 2022/850. To achieve effective evidence exchange via EIO/MLA legal instruments, there must also be a communication tool. This is provided by the e-Evidence Digital Exchange System, which is capable of managing any EIO/MLA procedures/instruments, from the e-Forms (EIO Annexes) to the whole business logic, on the basis of the e-CODEX system. Finally, it is essential to use a uniform standard for the representation of evidence data and metadata, so as to streamline the process and make investigations more effective, in particular when it comes to complicated criminal cases where it is key to find either correlations amongdifferent cases or to extract multiple types of data from the same inspection. The importance of cross-border evidence exchange in criminal matters cannot be overstated. This book addresses all the above-mentioned aspects, offering an up-to-date overview of scenarios in cross-border judicial cooperation from both juridical and technical standpoints.

Seen from "e;inside the IAU,"e; this book tells the in-depth story of a major crisis in which China "e;divorced"e; from the International Astronomical Union in 1960  as a protest against the admission of Taiwan. This happened to all the scientific unions at the same time, and to the Olympic Games, which, unexpectedly, would serve as a laboratory for the "e;reconciliation"e; which took place following the re-opening of China to the world 20 years later.The so-called "e;China conflict"e; is the most important crisis in the post-WWII history of the IAU. Yet, many details about this conflict and its links to broader geopolitical events have long remained unsettled, obscure, or altogether absent. In particular, the book describes for the first time the "e;separation"e; period, which covered the Cultural Revolution, and in which the IAU made desperate official efforts to reach out to China, while some groups of Western and Chinese astronomers managed to keep contact at times. On the occasion of the IAU Centenary celebrations in 2019, the book revisits this painful succession of events using unpublished documents from the IAU Archives and the International Council of Scientific Unions. The book also contains supplementary typescripts of selected handwritten correspondences and the full translation of key original Chinese documents unknown to readers outside China.What emerges is a complex and fascinating story of human relations and science diplomacy under the shadow of the Cold War. Readers will learn how the 20-year "e;China conflict"e; as lived by astronomers and scientists is important not only for the history of the IAU, but also for the history of contemporary China. "e;This book is full of so many original documents of the IAU office, very reliable and good to open to the public readers."e; Shuhua Ye, Shanghai Observatory (IAU Vice-President, 1988-1994)This book is a companion book to "e;Astronomers as Diplomats,"e; published at the same time in the same series.

The Asian Yearbook of International Economic Law (AYIEL) 2022 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2022 especially focuses on trade law, investment law, competition law, dispute settlement, economic regulation and cooperation, and regional economic integration, as well as other legal developments in Asian countries.

This is a Guide to international human rights law (IHRL) guarantees of the right to freedom from arbitrary or unlawful deprivation of liberty through arrest or detention. This Guide identifies IHRL provisions and jurisprudence that guarantee individual rights and responsibilities and State duties to ensure the right to freedom from arbitrary arrest and detention. The Guide is intended to provide access to knowledge about the scope, interpretation and application of IHRL guarantees of this fundamental right in order to assist enhanced implementation and enforcement of domestic and IHRL guarantees and remedies for violations. The Guide is intended for use by all-victims, perpetrators, lawyers, human rights defenders, activists, journalists, judges, police, law makers and concerned others.

The BookThe China International Economic and Trade Arbitration Commission (CIETAC) is one of the leading arbitration institutions worldwide. Its Arbitration Rules were recently reformed and entered into force in January 2024. This book is not only an article-by-article commentary of the new provisions but is also filled with practical insights and recommendations regarding the application of the CIETAC Rules 2024. Moreover, the book offers key insights into arbitration in China, in particular regarding the recognition and enforcement of arbitral awards.The Advantages at a Glance- Compact commentary on the new 2024 CIETAC rules- English language- Practice-oriented with helpful insightsThe Target GroupFor arbitrators, counsel and inhouse counsel.

Volume 204 contains Somalia v. Kenya, Situation in the State of Palestine, The M/T 'San Padre Pio' Case (Switzerland v. Nigeria) and Ukraine v. Russian Federation.

This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas ¿ as to whether there is a link between self-determination and secession ¿ are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture ¿ whether majority, minority or indigenous ¿ to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.

This book critically analyzes the criminalization of incitement to terrorism under the fundamental principles of legality, necessity, and proportionality with the aim of striking a fair balance between security and liberty on this complicated issue. The criminalization of incitement to terrorism has gained momentum, but no exact or generally accepted definition of this offense exists at the international level. What¿s more, given that the criminalization of incitement to terrorism results in restrictions on the exercise of citizens¿ freedom of expression, there should be certain limitations on those criminal measures to avoid unnecessary or disproportionate infringement of this fundamental human right. Nevertheless, there has not been a precise standard by which to determine how to draw the line between anti-terrorism and the protection of freedom of expression. Hence, it could be concluded that the criminalization of incitement to terrorism concerns how to balance security and liberty, and the safeguarding principles of legality, necessity, and proportionality should be fully observed in considering this issue.This book studies definitions of ¿incitement¿, ¿terrorism¿, and ¿incitement to terrorism¿ under the relevant international and national legislation, and points out the existing absence, ambiguousness, or substantive divergence in defining actus reus and mens rea regarding incitement to terrorism. It carefully considers the current need for and essential limitations on criminal measures against incitement to terrorism in accordance with the principles of necessity and proportionality, and particularly focuses on how to balance the protection of freedom of expression with the criminalization of incitement to terrorism. In considering how to draw a line between the two, the book formulates precise requirements for objective and subjective elements of this offense in accordance with the principle of legality.Given its scope, it will be of interest not only to academics, human rights lawyers and practitioners, but also to policymakers, as it offers an extensive evaluation of the effects and counter-effects of existing criminal measures.

The International Court of Justice case law has set a standard that meets international expectations as far as the principle of review is concerned, a standard that should not be deviated from, particularly when the laws guiding the said principle are similar to ICTR laws.Unfortunately, in the Barayagwiza case, the Appeals Chamber decision of 31.03.2000 on the prosecutor¿s request for review or reconsideration was reached contrary to the prescriptions of the ICTY rules and on untenable grounds.This research appeals to judges and other actors to put aside the Barayagwiza Appeal¿s decision and not to consider the said decision as a relevant authority as far as the concept of review is concerned.

Erlebt die Verfassungsvergleichung derzeit eine Renaissance? Laut Susanne Baer entsteht gegenwärtig eine ganz neue Art der Verfassungsvergleichung - dekolonial und kritisch -, die wenig mit dem zu tun hat, wie früher Rechtsvergleichung betrieben wurde. Die Autorin fragt nach den Gründen, warum eine anspruchsvolle, nämlich vorurteilsfreie, kontextualisierte und integrierte Verfassungsvergleichung im deutschsprachigen Öffentlichen Recht nach wie vor unterentwickelt ist. Armel Le Divellec verweist auf die lange Tradition der Verfassungsvergleichung in Frankreich, die sich, anders als in Deutschland, auch in den französischen Lehrplänen niederschlägt. Abschließend entwickelt James Fowkes einen Vorschlag, wie eine anspruchsvolle Art der globalen Verfassungsvergleichung trotz aller scheinbaren Hürden gelingen kann.

This book presents the latest and most relevant studies, surveys, and succinct reviews in the field of financial crimes and cybercrime, conducted and gathered by a group of top professionals, scholars, and researchers from China, India, Spain, Italy, Poland, Germany, and Russia. Focusing on the threats posed by and corresponding approaches to controlling financial crime and cybercrime, the book informs readers about emerging trends in the evolution of international crime involving cyber-technologies and the latest financial tools, as well as future challenges that could feasibly be overcome with a more sound criminal legislation framework and adequate criminal management.In turn, the book highlights innovative methods for combating financial crime and cybercrime, e.g., establishing an effective supervision system over P2P; encouraging financial innovation and coordination with international anti-terrorism organizations and multiple countries; improving mechanisms for extraditing and punishing criminals who defect to another country; designing a protection system in accordance with internationally accepted standards; and reforming economic criminal offenses and other methods that will produce positive results in practice. Given its scope, the book will prove useful to legal professionals and researchers alike. It gathers selected proceedings of the 10th International Forum on Crime and Criminal Law in the Global Era (IFCCLGE), held on Nov 20-Dec 1, 2019, in Beijing, China.