International ret

"RAND NATIONAL DEFENSE RESEARCH INSTITUTE"

Der ordre public-Vorbehalt im Schiedsverfahrensrecht ist eine abstrakte Materie, die erst durch eine Aufarbeitung der legislativen Vorbereitungen zu den entsprechenden Regelwerken auf internationaler und nationaler Ebene sowie durch die Analyse der Rechtsprechung an Konturen gewinnt. In diesem Werk werden die einzelnen Materien geschildert, in denen ordre public-Verstöße angenommen werden, aber auch die übergreifenden Zusammenhänge herausgearbeitet. Insofern verdient der Ansatz des Verfassers, ein abstraktes Anwendungsmuster zu finden, durchaus Zuspruch. Er ist für eine rechtsvergleichende Arbeit, die deutsches und russisches Recht vergleichend behandelt, ein wertvolles tertium comparationis.

Zunehmend komplexe Vertragsstrukturen führen dazu, dass mehrere Verträge umfassende Streitigkeiten auch auf Ebene der Schiedsgerichtsbarkeit an Relevanz gewinnen. Die Durchführung schiedsgerichtlicher Mehrvertragsverfahren bringt indes Herausforderungen mit sich, welche nicht zuletzt in der privatautonomen Natur der Schiedsgerichtsbarkeit wurzeln. Die Autorin greift dieses praxisrelevante Thema auf und bewertet die Chancen und Risiken derartiger Verfahren. Dies geschieht durch wissenschaftliche Auseinandersetzung mit den spezifischen Herausforderungen schiedsgerichtlicher Mehrvertragsverfahren (auch unter Beteiligung Mehrerer), der Erörterung erforderlicher Verfahrensanpassungen sowie vergleichender Analyse der nationalen sowie institutionellen Rahmenbedingungen und Bestimmungen hierzu.

How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law.The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice.This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.

"In this report, the authors use 11 case studies to create a typology of the barriers that impede U.S. security cooperation with highly capable allies and partners; identify some of the more specific barriers in the air, space, and cyber domains; suggest mitigation strategies for each of these barriers; and propose a preliminary approach for implementing some of these mitigation strategies"--

This book explains on what basis a nation can claim the status of space power, what are the criteria differentiating a space power from ¿lesser¿ space actors, and how their spacepower can be empirically measured and assessed. To this end, it sets forth a comprehensive multidisciplinary framework to enable a dynamic comparison of space actors and of the pathways that lead them in and out of the space powers¿ club. Drawing upon a critical review of the existing literature, it conceptualises spacepower as a form of state power based on the complex interplay between the two defining dimensions of stateness, namely the well-studied dimension of capacity and the often neglected yet exceedingly important dimension of autonomy. The book demonstrates that only actors possessing high levels of both autonomy and capacity qualify as space powers. Different levels of either capacity or autonomy produce other types of space actors, including skilled spacefarers, self-reliant spacefarers, primed spacefarers, and emerging space actors. This innovative conceptual framework is complemented by an in-depth comparative assessment that collects and processes a large amount of hard-to-find data on the most active global space actors and aggregates multiple indicators into a compound, non-hierarchical index of space power visualised in the form of a matrix.

Foreign Direct Investment (FDI) from third countries-a desirable form of investment to boost the EU's economy or a threat to important EU and Member State interests that must be mitigated via FDI screening mechanisms? FDI screening is a complex, controversial and highly topical subject at the intersection of law, politics and economics. This book analyzes the political rationale behind FDI screening in the EU, reveals the legal limitations of current FDI screening mechanisms based on security and public order, and identifies legislative options for broader screening mechanisms in accordance with EU and international economic law.In particular, the book identifies the four main concerns in the EU regarding FDI from third countries: distortive competition effects; the lack of reciprocity on FDI treatment between the EU and the investor's home country; objectives of the investor or their home country that may be detrimental to EU interests; and safety of private information. On this basis, the book analyzes the Screening Regulation (Regulation (EU) 2019/452) and its newly introduced screening ground "e;security or public order"e; and asks whether this and other similar screening grounds based on the notions of security, public order and public policy can address these concerns with regard to foreign investors. Based on an analysis of WTO law and EU primary law, it argues that they cannot. Thus, the question arises: Do the EU and Member States have the flexibility to adopt broader FDI screening mechanisms? To answer this question, the book examines the freedoms of capital movement and establishment in EU primary law, as well as various sources of international economic law such as, first and foremost, the WTO's General Agreement on Trade in Services, but also other bi- and plurilateral trade and investment treaties, including the EU-China Comprehensive Agreement on Investment. In closing, the book identifies various legislative options for broader FDI screening mechanisms-and their shortcomings.

Kaplan's LSAT Prep Plus 2024 is the single, most up-to-date resource that you need to face the LSAT exam with confidenceFully compatible with the LSAT testmaker’s digital practice toolOfficial LSAT practice questions and practice examInstructor-led online workshops and expert video instructionUp-to-date for the Digital LSAT In-depth test-taking strategies to help you score higher We are so certain that LSAT Prep Plus 2024 offers all the knowledge you need to excel on the LSAT that we guarantee it: after studying with the online resources and book, you'll score higher on the LSAT—or you'll get your money back.The Best ReviewKaplan’s LSAT experts share practical tips for using LSAC’s popular digital practice tool and the most widely used free online resources.Study plans will help you make the most of your practice time, regardless of how much time that is. Our exclusive data-driven learning strategies help you focus on what you need to study.In the online resources, an official full-length exam from LSAC, the LSAT testmaker, will help you feel comfortable with the exam format and avoid surprises on Test Day.Hundreds of real LSAT questions with detailed explanationsInteractive online instructor-led workshops for expert reviewOnline test analytics that analyze your performance by section and question typeExpert GuidanceLSAT Prep Plus comes with access to an episode from Kaplan's award-winning LSAT Channel, featuring one of Kaplan's top LSAT teachers.We know the test: Kaplan's expert LSAT faculty teach the world's most popular LSAT course, and more people get into law school with a Kaplan LSAT course than all other major test prep companies combined.Kaplan's experts ensure our practice questions and study materials are true to the test.We invented test prep—Kaplan (www.kaptest.com) has been helping students for 80 years. Our proven strategies have helped legions of students achieve their dreams.

When it comes to the question of the legal significance of the so called bellum iustum doctrine, i.e. the idea of a just war, international lawyers start to feel uneasy. A large part of contemporary legal scholarship maintains the opinion that this doctrine was never part of international law. However, the subject remains controversial. The work in hand casts a new light on the longstanding bellum iustum - bellum legale controversy while taking into account the more recent narrative turn in international law with particular consideration of its implications on international legal theory. It is shown that any categorical denial of the just war doctrine in international law is flawed from the outset, since law is value-related.

The past two decades have seen a radical change in the online landscape with the emergence of GAFAM (Google, Amazon, Facebook, Apple and Microsoft). Facebook, specifically, has acquired a unique monopoly position among social media, and is part of the digital lives of billions of users. A mutual influence between Facebook and the legal framework has gradually emerged, as EU legislators and judges are on the one hand forced to accept the reality of new, widespread behaviors and practices and on the other have constructed a legal framework that imposes limits and rules on the use of the social network.This book offers a unique perspective on this relationship, exploring the various activities and services proposed by Facebook and discussing the attendant legal issues. Accordingly, questions concerning the GDPR, its principles, rights and obligations are in the center of the discussions. However, the book does not limit its scope to data protection: Facebook has also greatly contributed to a liberalization and democratization of speech. In accordance, the classic principles of media law must be revisited, adapted or suitably enforced on the platform. Intellectual property law governs what is owned and by whom, no matter whether raw data or informational goods are concerned. Frameworks on hate speech and fake news are the result of coregulation principles of governance, whereas defamation jurisprudence continues to evolve, considering the consequences of merely "e;liking"e; certain content. The economic model of advertising is also governed by strict rules. Above all, Facebook is currently caught in a dilemma of substantial interest for society as a whole: is it a neutral online intermediary, i.e., merely a passive player on the Internet, or is it transforming against its will into an editorial service? In conclusion, the book has a dual purpose. First, it proposes a global and practical approach to the EU legal framework on Facebook. Second, it explores the current limits and the ongoing transformation of EU Internet law as it steadily adapts to life in the new digital world.

Considering the ensuing conflicts, violence, and wars in Southern Cameroons (Ambazonia), the question staring us in the face is whether the world community has the will to change the current view of the untouchability of Westphalian sovereign states.

This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, mainly from 1990 to 2005. During this period, the number of cases grew gradually. The total number of cases remained low, the reasons of which might be the following: parties were not familiar with the CISG hence decided to opt out of it; the case collection and report systems in China at that time were not as developed as now rendering many cases inaccessible.  This book deals with the cases in the early days of the development of the CISG in China. These cases reflect how People's Court of all levels started to deal with various issues arising from the CISG and will help understand whether and how the People's Courts change their approaches to the interpretation and application of the CISG in the future.

Concise summary of the key arbitration regulations and arbitration environment in 20 important Asian jurisdictions. The book shows the legal framework conditions for arbitration in each country and gives insights into the practice of arbitration. In the 8th edition each country report has been completely revised and updated.

Volume 12 of the EYIEL focuses on "e;The Future of Dispute Settlement in International Economic Law"e;. While new forms of dispute settlement are emerging, others are in deep crisis. The volume starts off with reflections on Dispute Settlement and the World Trade Organisation, most prominently the crisis of the Appellate Body, but also addressing international intellectual property law and the African Continental Free Trade Area. This is followed by a section on Dispute Settlement and Investment Protection/International Investment Law, which includes articles on the summary dismissal of claims, the margin of appreciation doctrine, the use of conciliation to settle sovereign debt disputes, and contract-based arbitration in light of Achmea and Hagia Sophia at ICSID. Further contributions consider the emerging role of commercial courts, the dejudicialization of international economic law, dispute settlement in the UK-EU Withdrawal Agreement, reference mechanisms in dispute resolution clauses, and UNCLOS. 

This interdisciplinary book consists of three parts which examine the European Union policies on research and innovation, education and life-long learning, as well as the European Union Pillar on social rights and youth policies. In the first part, high-level experts analyze the European Research Area and its current enhancement, with emphasis on mobility and employability of researchers, especially in times of crises.In the second part, the governance architecture of the European Education Area(s) is explored and the new objectives of the Bologna Process, as well as the EU institutional framework of the recognition of skills and qualifications, are analyzed. Life-long learning is also important for the individual development of human capital especially for socially vulnerable people who could also benefit from literacy policies and skills development. The second part concludes with the evaluation of the EU education and training policy based on social indicators in the framework of the EU 2020 Strategy.In the third part, the book turns to Social Europe and the balancing between ordo-liberalism and ordo-socialism. It examines the EU Pillar of Social Rights and its impact on youth policies. It analyzes the EU youth policies e.g. on youth credit and their interaction with young people's employment and education possibilities, with emphasis on the young people "e;not in education, employment or training"e; (NEETs).

This book provides an in-depth overview of what is currently happening in the field of Law and Artificial Intelligence (AI). From deep fakes and disinformation to killer robots, surgical robots, and AI lawmaking, the many and varied contributors to this volume discuss how AI could and should be regulated in the areas of public law, including constitutional law, human rights law, criminal law, and tax law, as well as areas of private law, including liability law, competition law, and consumer law. Aimed at an audience without a background in technology, this book covers how AI changes these areas of law as well as legal practice itself. This scholarship should prove of value to academics in several disciplines (e.g., law, ethics, sociology, politics, and public administration) and those who may find themselves confronted with AI in the course of their work, particularly people working within the legal domain (e.g., lawyers, judges, law enforcement officers, public prosecutors, lawmakers, and policy advisors).Bart Custers is Professor of Law and Data Science at eLaw - Center for Law and Digital Technologies at Leiden University in the Netherlands.Eduard Fosch-Villaronga is Assistant Professor at eLaw - Center for Law and Digital Technologies at Leiden University in the Netherlands.

The post-war reconstruction effort in Ukraine might be the largest post-war rebuilding effort in modern history. Both the United States and Europe have begun to plan for Ukraine's success. The authors of this report examine previous post-war and post-natural disaster reform and reconstruction efforts to draw lessons and inform policymakers. They also discuss security arrangements, which will be essential for the success of reconstruction. While reconstruction in Iraq and Afghanistan was more recent, Ukraine is fundamentally different. Instead, more-relevant lessons can be drawn from the truly transformative reform and reconstruction efforts in Western Europe following World War II, Central and Eastern Europe following the Cold War, and the Western Balkans following the wars in the former Yugoslavia. In all of these cases, the United States provided seed money and security, and the Europeans provided the bulk of the funding and advanced the process of European integration.

"Using an historical and theoretical approach, Richard Clements explores why global justice and management have become so intimately connected within the International Criminal Court. Mapping the ICC's management ideas and practices onto an accessible model, Clements highlights the impact of management on the global justice project"--

"Umut èOzsu recounts the history of the struggle to decolonize international law, commencing with the General Assembly's landmark 1960 decolonization resolution and concluding in 1982, with the close of the third UN Conference on the Law of the Sea and the onset of the Latin American debt crisis"--

This book presents an important discussion on land tenure rights for the effective implementation of sustainable soil management provisions. It investigates a variety of aspects, such as the clash of modern and traditional tenure concepts, forms of illegal or illegitimate land acquisition, and the preconditions for legal and legitimate investments. In addition, the book analyses the challenges to ensuring secure land tenure rights in Africa and in Germany. Lastly, it provides information on the role of women in this context.This fifth volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with various aspects of the theme "e;Land Tenure Rights and Sustainable Soil Management"e;. The second part covers recent international developments, the third part presents regional and national reports, and the fourth discusses overarching issues. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field.The "e;International Yearbook of Soil Law and Policy"e; series discusses central questions in law and politics with regard to the protection and sustainable management of soil and land - at the international, national, and regional level.

This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets.In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure.Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.

This multidisciplinary volume examines the meaning of global conflict and cooperation by international actors that can be caused by dis- or misinformation to people and discusses how to build diplomacy for peace and regional cooperation. The book further identifies boundaries of the relationships among the various governments of the world, transatlantic alliances, international organizations, non-governmental organizations, transnational corporations, and the overall interdependence of nations in the making of the modern world. Topics discussed in this volume include diplomacy, international relations theory, Eurasia politics, European Union, Brexit, Taliban taking over of Kabul government, and the ongoing Afghanistan conflict, terrorism, ISIS and Al Qaeda, international law, international organizations, interstate and intrastate war, threats and challenges, global civil society, religion, and culture. The volume advances contemporary theories and concepts to explain these issues concerning peoples and cultures in the complex world we live in.The book is a must-read for students, researchers, and scholars of international relations, political science, political history, political geography, economics, and law in general, as well as diplomacy, political communication, and security studies in particular.

Das Buch enthält Beiträge von 18 Autoren aus verschiedenen Ländern und analysiert die jüngste Rechtsprechung des EuGH zu den Außenkompetenzen der Europäischen Union. Es befasst sich mit den Auswirkungen der EU-Werte auf ihre Beziehungen zu den östlichen Nachbarländern. Der erste Teil konzentriert sich auf die Entwicklung und die aktuellen Herausforderungen des außenpolitischen Handelns der Europäischen Union, während der zweite Teil die Zusammenarbeit der EU mit ihren östlichen Nachbarn und Eurasien darstellt. Das Buch befasst sich mit den Assoziierungsabkommen mit den Ländern der Östlichen Partnerschaft mit den östlichen Nachbarländern und Eurasien, den erweiterten Partnerschaftsabkommen in den östlichen Nachbarländern und im postsowjetischen Raum sowie den derzeitigen und künftigen vertraglichen Beziehungen zur Eurasischen Wirtschaftsunion und ihren Mitgliedstaaten.

Denne dybdegående indføring i folkeretten og menneskerettigheder udkommer nu i en ny og opdateret 2. udgave!Folkeret og Menneskerettigheder giver en indføring i folkeretten og de internationale menneskerettigheder med fokus på Den Europæiske Menneskerettighedskonvention og EU’s Charter om Grundlæggende Rettigheder.Bogen er opdelt i følgende to dele: Del I: Folkeretten Del II: Menneskerettigheder Nyt i 2. udgaveDenne nye, reviderede 2. udgave er ført ajour med nye domme m.v., og kapitlerne om menneskerettigheder er flere steder gennemskrevet på ny. Bogens første del (kapitel 1-7) om folkeretten er skrevet af Ole Terkelsen, og bogens anden del (kapiel 8-14) om menneskerettigheder er skrevet af Louise Halleskov. MålgruppeBogen er først og fremmest skrevet til brug i undervisningen på jurastudiets bacheloruddannelse, men den kan også være til nytte for praktikere og andre, som har behov for viden om folkeret og den internationale beskyttelse af menneskerettigheder.Om forfatterneOle Terkelsen er lektor ved Juridisk Institut, Aarhus Universitet, hvor han bl.a. underviser i folkeret. Louise Halleskov er professor ved Juridisk Institut, Aarhus Universitet, hvor hun bl.a. underviser i menneskeret.