Folkeret

The expansion of cross-border power transmission infrastructures and the regional integration of electricity markets are accelerating on several continents. The internationalization of trade in electric energy is embedded in an even greater transformation: the transition from fossil fuels to renewable energies and the race to net zero emissions. Against this backdrop, this book provides a comprehensive examination of the regulatory framework that governs the established and newly emerging electricity trading relations.Taking the technical and economic foundations as a starting point and thoroughly examining current developments on four continents, the book provides a global perspective on the state of the art in electricity market integration. in doing so, it focuses on the most relevant issues including transit of electricity, quantitative restrictions, market foreclosure and anti-competitive practices employed by the actors on electricity markets. In turn, the book carefully analyzes the regulatory framework provided by the WTO Agreements, the Energy Charter Treaty and other relevant preferential trade agreements. In its closing section, it moves beyond the applicable legal architecture to make concrete proposals on the future design of global trade rules specifically tailored to the electricity sector, which could provide a more reliable and transparent framework for the multilateral regulation of electricity trade.

This book pursues the questions from a broad range of law and economics perspectives. Digital transformation leads to economic and social change, bringing with it both opportunities and risks. This raises questions of the extent to which existent legal frameworks are still sufficient and whether there is a need for new or additional regulation in the affected areas: new demands are made on the law and jurisprudence.

This edited volume critically examines the Responsibility to Protect (R2P) as a guiding norm in international politics. After NATO¿s intervention in Libya, against the backdrop of civil wars in Syria and Yemen, and because of the cynical support for R2P by states such as Saudi Arabia, this norm is the subject of heavy criticism. It seems that the R2P is just political rhetoric, an instrument exploited by the powerful states. Hence, the R2P is being challenged. At the same time, however, institutional settings, normative discourses and contestation practices are making it more robust. New understandings of responsibility and the politics of protection are creating new normative spaces, patterns of legitimacy, and norm entrepreneurs, thereby reinforcing the R2P. This book¿s goals are to discuss the R2P¿s roots, institutional framework, and evolution; to reveal its shortcomings and pitfalls; and to explore how it is exploited by certain states. Further, it elaborates on the R2P¿s strength as a norm. Accordingly, the contributions presented here discuss various ways in which the R2P is being challenged or confirmed, or both at once. As the authors demonstrate, these developments concern not only diplomatic communication and political practices within international institutions, but also to normative discourses. Furthermore, the book includes chapters that reevaluate the R2P from a normative standpoint, e.g. by proposing cosmopolitan standards as a guide for states¿ external behavior. Other contributors reassess the historical evidence from U.N. negotiations on the R2P principle, and the productive or restrictive role of institutions. Discussing new issues relating to the R2P such as global and regional power shifts or foreign policy, as well as the phenomenon of authoritarian interventionism under the R2P umbrella, this book will appeal to all IR scholars and students interested in humanitarianism, norms, and power. By analyzing the status quo of the R2P, it enriches and broadens the debate on what the R2P currently is, and what it ought to be.

This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand.The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of theSea (UNCLOS). As this ¿Constitution of the Ocean¿ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens).While the sovereign equality of States recognises States¿ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludesthat only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States¿ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely ¿ and thus outweighs all other interests.

Climate change is the defining challenge of our time. While political leadership and scientific expertise are key, law has a major role to play in fashioning responses. Volume 13 of the EYIEL assesses central aspects of the legal regimes governing "Climate Change and Liability". Covering traditional trade and investment topics as well EU instruments regulating private actors, contributions reflect the diverse links between international economic law and climate change. Through a mix of foundational inquiries and coverage of current issues (such as climate change litigation), the volume offers a rich and nuanced account of international economic law in an era of "Climate Change and Liability".

The Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum¿s ¿Elgin Collection¿. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then.Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally not been considered are the legal merits of their return in light of contemporary international law. This book is the first in legal scholarship to provide an international law perspective of the cause célèbre of international cultural heritage disputes and, in doing so, toclarify the new customary international law on the return of cultural property unlawfully removed from its original context.The book, which includes a foreword by Andrew Wallace-Hadrill, is a unique reference work on the legal case for the return of the Parthenon marbles and the new normative framework for the protection of cultural heritage.

This book explores how international sanctions on Iran reshaped the contours of East Asia's interactions with the Middle Eastern state. Almost all East Asian political entities, from the industrialized and developed nations of Japan and South Korea, to the communist and developing countries of China and North Korea, have become major international partners of Iran over the past several decades. In addition, East Asian states were, by and large, thought to be among leading foreign beneficiaries of Iran sanctions, and the overall impacts of sanctions in transforming both the scope and size of their rather multifaceted connections to the Middle Eastern country have been consequential. Despite its significance, academic studies about this topic have remained sparse and scattered. This book aims to partially fill that research lacuna by surveying all relevant information and data available in the archives of several languages, including Chinese, English, Japanese, Korean, and Persian. While the book strives to cover the entire sanctions period, most of the analysis focuses on the past one and a half decades, when Iran came under the severest sets of international sanctions. It was during this particular time period that international quandary over the Iranian nuclear program led to a slew of far-reaching penalties and stringent restrictions levied against Iranians by the United Nations and the United States. These recent waves of international sanctions and limitations transformed many quintessential characteristics of East Asia's interactions with Iran. Such sanctions-induced critical developments and changes, moreover, are bound to play an instrumental role in the direction and volume of exchanges between East Asian states and Iran in the coming years and decades.

During the Second World War, Australia maintained a super-secret organisation, the Diplomatic (or 'D') Special Section, dedicated to breaking Japanese diplomatic codes.

Max Erdmann wirft einen neuen Blick auf Hegels philosophische Behandlung des "äußeren Staatsrechts". Er macht deutlich, inwieweit Hegel das zwischenstaatliche Recht in aufklärerischer Tradition als Verwirklichung von Vernunft begreift und in welcher Form diese Auffassung auch für den juristischen Diskurs über das Völkerrecht von Interesse ist. Die philosophiehistorische Auseinandersetzung umfasst auch systematische Fragen gegenwärtiger Völkerrechtstheorie. Sie möchte in dieser Weise dazu beitragen, Umrisse und Grenzen der Völkerrechtsphilosophie genauer zu zeichnen.

This book flags and contemplates the lurking problem of space crimes that may escalate and expand with diversification of space activities, greater footfall on the celestial bodies and passage of time, for the lack of appropriate solutions. ¿It appraises the incumbent problems to evolve solutions and make recommendations regarding space crime situations. Recognizing current situation where commercial space travel has commenced, and space tourism is not far behind, the book takes a pole position on discussing the topic with its endemic challenges. Space transportation is expected to lead to commercial mining of celestial mineral resources from the Moon and asteroids, as has been found technically feasible and commercially viable. Space-specific products have been identified for industrial mining, processing, and manufacturing, for which manpower would be necessary, howsoever minimal, despite artificial intelligence devices. Blueprints for space habitations on the Moon and Mars are being prepared. In this scenario, where outer space and celestial bodies may soon be inhabited by multi-nationality, multi-ethnic and multi-cultural groupings of tourists, workers, and residents, given cramped and not so comfortable or private living spaces, attitudinal disparities and conflicting beliefs, differences, disputes, conflicts, and crimes are sure to raise their head. Economic activity and business culture may usher in crimes of competition and spying on intellectual property. Space crimes through technologies like cyber, lasers, etc., may also permeate the space domain for ill-intentioned abuses. The criminals may be individuals or collective groups or incognito terrorists. The book also discusses crimes and near-crimes that have already occurred in space but have been ignored or condoned. Absence of sovereignty on celestial bodies coupled with crimes in space or on celestial bodies, presents problems of jurisdiction, extradition, and other legal procedures. The dilemma of multi-national judicial systems, legal codes and norms of social justice need to be resolved by a specialized treaty reconciling major bends in the existing system vis-à-vis the nature of space crimes. Limitations in handling such crimes by the existing judicial system under established doctrines of international law by International Court of Justice or International Criminal Court, is highlighted in the book. It has strong take-aways for research scholars, law fraternity, diplomatic corps, judicial administration, policy-makers and the political class, enabling them to pro-actively initiate action for suitable answers.

In Order That Justice May Be Done is a thorough examination and history of the struggle experienced by the Turtle Mountain Band of Chippewa to gain recognition as a tribe and to gain control of their homeland. The documented efforts of Chief Little Shell and Attorney Bottineau deserve to be understood by tribal members. The tremendous contribution Chief Little Shell made helped the Turtle Mountain tribe gain federal recognition and obtain a land base which resulted in the current 6 x 12 mile reservation for the tribe and individual allotments across western North Dakota and Montana.--Publisher.

This open access book explores the field of human rights dissemination in Central Asia. Offering a comparative perspective on five post-Soviet Central Asian states¿Kazakhstan, Kyrgyzstan, Uzbekistan, Turkmenistan, and Tajikistan, it examines compliance with international human rights standards in these countries. The contributions capture various aspects of human rights dissemination through educational programs, seminars, training, and empowerment programs at Central Asian universities, together with Central Asian NGOs/CSOs and international organizations. The book shows that a change of behavior among state and non-state actors in the region can only happen when both local and international actors, usually international donors, jointly take action to report, train, and empower people in human rights. This book is an invitation to anyone interested in the (troubled) nexus between international human rights norms and standards and their implementation on the local level, as well as in the effective empowerment of citizen in the region.

The purpose of this book is to critically examine the activities of the International Criminal Court (ICC) on the eve of its 20th year of existence, with a focus on its relationship to the Rohingya crisis. This book is unique in that it identifies the potential and contemporary challenges of the ICC while focusing on the relationship between the Rohingya issue and the ICC. The relationship between the Rohingya crisis and the ICC is an issue that is fraught with contemporary challenges and worth dealing with. The relationship between the ICC and non-State Parties and the relationship between the ICC and high government officials are the examples of these challenges. Its novelty is to address the relationship between the Rohingya crisis and the ICC by staying current of information. The human rights situation of the Rohingya is of high international concern. With a case pending at the International Court of Justice (ICJ), not only individual criminal responsibility but also State responsibility may be sought for the most serious human rights violations. The Rohingya crisis itself is of great international concern, and it is expected that the issues will be discussed from the perspective of international human rights law, international humanitarian law, and international criminal law. Therefore, the structure of this book is as follows. First, it explains the history of the Rohingya crisis. Secondly, it touches on the relationship between the Rohingya crisis and the ICC. Thirdly, the book discusses the relationship between the ongoing case of Gambia v. Myanmar at the ICJ and the proceedings of the ICC. Finally, the book concludes with an assessment of the legitimacy, effectiveness, and efficiency of the ICC in recent years.

Proportionality is a ubiquitous concept in law. While mostly associated with fundamental rights review, it also plays an important role in private law. In this context, proportionality requirements can be the result of both traditional private law reasoning and the influence of constitutional law. The present volume aims to explore different forms and functions of proportionality in selected private law contexts and jurisdictions. The contributions cover constitutional and theoretical underpinnings of proportionality's role in private law as well as specific examples of how proportionality affects private law in different areas and across different jurisdictions. They include perspectives on German and US-American private, procedural, and constitutional law as well as a special focus on the European dimension.

This book examines the timely issue of artificial intelligence (AI) and law. At this moment, AI is rapidly developing and being utilized in many different sectors. Meanwhile, the rise of AI raises complex questions and poses new challenges-new products and services involving AI will require new regulations and standards to minimize potential negative side-effects and maximize the benefits of this new technology, both within domestic law and international law. Thus, this book focuses on the impact of AI on international law and seeks ways to develop international law frameworks to adequately address the challenges of the AI era. In this context, new forms of inter-state conflicts and emergence of new subjects and objects of international law are discussed along with relevant up-to-date developments in major jurisdictions. Issues arising from the advent of AI relating to state sovereignty, state responsibility, dispute settlements, and north-south divide are also considered. 

With the emergence of strategic competition with near peers as the defining U.S. national security priority in recent years, the U.S. Army has had to rethink its roles and responsibilities. Competition requires strategies, approaches, and missions different from those developed for counterterrorism and counterinsurgency, which have been the focus of the past two decades. Many Army missions and capabilities are relevant here, but for the Army to succeed in competition against near peers, it must work in an integrated fashion with the U.S. Department of Defense (DoD) and other U.S. government entities. The objective of this research was to identify how the Army can make or influence procedural and/or organizational changes to help tailor DoD processes for competition and to identify existing Army capabilities that could be more fully used and understood in competition. The authors reviewed the relevant literature, authorities, policy, and historical cases; interviewed subject-matter experts; and conducted a systematic analysis of overlaps between the existing supply of Army capabilities and the demands of competition below the threshold of armed conflict. Among other things, the authors found that relevant Army organizations are not always incentivized to tailor their contributions to support broader DoD competition activities. The best opportunities for the Army to contribute to competition efforts, moreover, may not be in its areas of historical focus or competency.

Diese systematische Gesamtdarstellung des Volkerrechts wendet sich in erster Linie an Studierende und Referendare. Ihnen wollen die Autoren ein Hilfsmittel fur Studium und Prufung geben, das mehr ist als eine Einfuhrung oder ein Kurzlehrbuch. In intensiver Auseinandersetzung mit Literatur, Rechtsprechung und Staatenpraxis soll das Werk zur wissenschaftlichen Durchdringung des Volkerrechts in seiner ganzen thematischen Breite und historischen Tiefe beitragen. Die 7. Auflage des Lehrbuches bietet wiederum eine umfassende, hochaktuelle Darstellung des gesamten Volkerrechts - des Friedens- und des Kriegsrechts sowie des Rechts der Internationalen und die Supranationalen Organisationen - in einem Band, von erfahrenen und renommierten Hochschullehrern verfat. Acht gleichgewichtige Abschnitte decken das in rascher Bewegung befindliche Volkerrecht in seiner ganzen thematischen Breite und historischen Tiefe ab: seinen Begriff und seine Quellen; sein Verhaltnis zur staatlichen, insb. zur deutschen Rechtsordnung; seine Subjekte - der Staat und der Einzelne, die Internationalen und die Supranationalen Organisationen -; die Raum-, Umwelt-, Wirtschafts- und Kulturordnungen des Volkerrechts; die internationale Verantwortlichkeit, das Volkerstrafrecht, das Recht der Streitbeilegung und das der Sanktionen; das Kriegsrecht und das Recht der Friedenssicherung. Diese Grundlegung soll die selbststandige theoretische Auseinandersetzung sowie die sachgerechte Bearbeitung volkerrechtlicher und -rechtspolitischer Fragestellungen ermoglichen. Daruber hinaus sollen die Beitrage auch in Einzelfragen knapp und zuverlassig uber den Stand des Volkerrechts unterrichten und durch weitergehende Hinweise die kritische Auseinandersetzung und umfassendere Information erleichtern.

This book brings together diverse ideas on selected facets of globalisation and transitions in globalisation. The scholars that have contributed to this book examine the phenomenon of globalisation through varied lenses, focusing specifically on the human and economic perspectives. These analyses originate in many areas and different legal systems but are all connected through the work of Professor John Farrar and the associations of the contributors with him. This book does not attempt to provide answers to the many challenges of globalisation. Instead, this book discusses selected, particular aspects of globalisation that derive from and are connected to the authors' own research. The thematic diversity of this book is a true strength and should draw a broad range of readers. Whilst this book is primarily written from a legal angle, its content overlaps with broader specialised policy areas, with contributions ranging from taxation to ageing, from insolvency to social licences, and from refugees to the treatment of first nations people. In short, there is something for everyone in this book. As a tribute to the life's work of an outstanding legal scholar, Professor John Farrar, this book explores legal responses to the social and economic impacts of globalisation. After personal acknowledgments from colleagues highlighting the significance of his scholarship, this book is divided into two parts. The first part addresses the social impact of globalisation, focusing on immigration and the impact on First Nations people. Changes in the regulation of medicine and technologies related to ageing are also addressed in this part. In part two, the book addresses the transitioning corporate law landscape and notions of fairness and good faith in the law. The final part contains the conclusions, reflections and synthesis of the editors.

Dieses Buch bietet eine eingehende rechtliche und politische Analyse der Vereinbarkeit des westfälischen Staatsmodells mit der Globalisierung und der digitalen Revolution. Es untersucht das Konzept der Demokratie in einer globalisierten Welt, erörtert die Legitimität der wirtschaftlichen Integration in den globalen Markt und präsentiert drei Fallstudien (aus Brasilien, Taiwan und Spanien) über die Auswirkungen sozialer Medien auf Wahlen. Darüber hinaus werden neue Perspektiven zu den Auswirkungen der Digitalisierung auf nationale Grenzen und auf die Rolle von Bürgerinnen und Bürgern und Expertinnen und Experten bei der Gestaltung der Globalisierung aufgezeigt. Ein abschließendes Kapitel befasst sich mit der Frage, inwieweit die aus den Analysen der oben genannten Aspekte gewonnenen Erkenntnisse bei den Bemühungen um eine Überwindung der aktuellen globalen Gesundheits- und Wirtschaftskrise berücksichtigt werden müssen.