Folkeret

This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses "e;imperative norms"e;, and "e;imperativeness"e; as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning.By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness - mainly aimed at ensuring the protection of fundamental human rights in transnational relationships - between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself.Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers.However, an analysis of the changesmade to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations¿ compatibility with WTO law.

This book analyzes the issue of European fiscal State aid in order to provide insights into the related evolution prospects and legal problems. State aid has assumed a central position in the field of taxation, becoming the most important instrument of European legal integration, especially in the area of direct taxes. This is the result of major regulatory and interpretative development, which has altered the initial European and national balances in the face of globalization and the problems of the new economy. In this context, the scope and objectives of State aid have progressively broadened, encompassing a significant level of both positive and negative integration of European national tax systems.

This book is at the center of the UN goals of combining environment and economic development with new technologies.First, sustainability in mining is defined as a process of transformation. This is followed by an outlook on the aspects of safety, economy, environmental impact and digital transformation. The book includes a discussion of new aspects such as the problem of liability for mining damages regarding climate change in Peru. Specific technical issues in smart mining are covered as well, such as underground localization systems based on ultra-wide band radio and inertial navigation, or the use of thermal imaging for roof crack detection. In addition, the characterization of material flows, subsurface hydrogen-storage systems and the prediction of mining induced subsidence and uplift are dealt with.The Sustainable Smart Mining and Energy Yearbook is not only aimed at researchers professionals, but at all who want to get an overview of the important technical and legal topics in this field.

"This book explores the tension between capital controls and international economic law. The book will establish whether the IMF has the authority to regulate the use of capital controls and analyse whether a country's use of capital controls is consistent with obligations undertaken in various trade and investment agreements"--

While China's growing economic power began reshaping the global economy in the 2000s and Beijing's foreign policy approach has increasingly sought to reshape the international order since the 2010s, the future role of China's rapidly improving military, the People's Liberation Army (PLA), on the global stage remains unclear. However, General Secretary Xi Jinping's 2017 assertion that the PLA will transform into "world-class forces" by 2049 implies that China will seek to develop at least some level of global military power over the next three decades. This study aims to understand where China might seek to gain basing and access for PLA forces abroad and what types of operations it might carry out there. The authors develop a framework to systematically assess valuable attributes from Beijing's perspective, focusing on the utility of potential host nations (desirability) and on China's ability to secure access (feasibility). They evaluate 108 countries across three priority regions-the Middle East, Africa, and the broader Indo-Pacific-and the respective U.S. combatant command areas of responsibility in which each country is located. The authors match 17 framework indicators, focusing on the 2030-2040 time frame, to available quantitative and qualitative data to assess and rank potential host nations. They discuss implications and recommend strategies for the U.S. government, the U.S. Department of Defense, and the U.S. Army to better understand China's plans for additional overseas basing and access and to prioritize risks to U.S. forces.

In this report, the authors look to the past to help anticipate what Chinese overseas access and basing might look like in the 2030s. They focus on three case studies of overseas military access and basing among the United States' competitors -- French bases in francophone Africa during De Gaulle's presidency, Soviet bases ringing the Mediterranean and Red Seas region under Brezhnev, and Russian bases in Syria during the ongoing Syrian civil war -- to understand how major powers have conceived of and used strategic basing in the past. France, the Soviet Union, and Russia -- together with the United States (also examined) -- have had the largest networks of overseas military bases in the post-World War II period. These cases represent a range of competitive behaviors, reflecting the uncertainty of Chinese behavior ten to 20 years in the future. Drawing on a combined examination of case studies and a literature review of U.S. basing experiences, the authors assess the potential risks posed by Chinese military expansion and recommend principles for the U.S. government, U.S. Department of Defense, and U.S. Army to adopt now to help shape the environment in which Chinese ambitions for global military presence will unfold.

"What forms of rule exist in international politics, how do they work, and what consequences do they have for our understanding? This volume assembles world leading International Relations scholars to demonstrate the ruled character of international politics and explains how IR students can study it"--

This title presents dispute settlement decisions of the World Trade Organization by using extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the large annotations and conclusion sections.

"Employing an interdisciplinary, comparative approach, this book explores the inconsistent treatment of victims of involuntary sterilisation and castration in three Nordic countries over the last century. Using a vast range of primary and secondary sources, it investigates the development of rights and state responsibility"--

This book explores the EU's approach to peacebuilding and questions the EU global role as crisis manager and capacity builder. It highlights the significant contributions of the EU to civilian peacebuilding and also critically evaluates the activities of the EU Common Security and Defence Policy (CSDP) within their rule of law and human rights peacebuilding missions. It draws on the author's twenty years of experience working on CSDP and EU defence matters including his research on EU police missions in Africa and Middle East. It exposes emergent tension between peacebuilding in its neighbourhood and security issues. It examines the practice of EU peacebuilding including performance of its missions and how deployed personnel can professionalise their diplomatic (mediation, negotiation and dialogue facilitation) capacity to fully realise the potential of missions and exploit opportunities for expanding the vision of peace. It formulates convincing policy recommendations for the future planning of EU external relations in post conflict environments and offers valuable insights into how to connect with people and communities in the aftermath of conflict.

Indigenous Australians are the most incarcerated people on the planet. Indigenous men are fifteen times more likely to be locked up than their non-Indigenous counterparts; Indigenous women are twenty-one times more likely.Featuring vivid case studies and drawing on a deep sense of history, Black Lives, White Law explores Australia's extraordinary record of locking up First Nations people. It examines Australia's system of criminal justice - the web of laws and courts and police and prisons - and how that system interacts with First Nations people and communities. How is it that so many are locked up? Why have imprisonment rates increased in recent years? Is this situation fair? Almost everyone agrees that it's not. And yet it keeps getting worse.In this groundbreaking book, Russell Marks investigates Australia's incarceration epidemic. What would happen if the institutions of Australian justice received the same scrutiny to which they routinely subject Indigenous Australians?

Over the past century and a half, no two nations have exchanged natural resources, produced transborder environmental agreements, or cooperatively altered ecosystems on the same scale as Canada and the United States. Natural Allies offers a reinterpretation of the history of US-Canada relations by focusing on the role of environment and energy.

This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and 'aparadigmatic' cases.

This book focuses on the analysis of coercive measures that sports federations are permitted to use as part of their investigations to investigate rule violations.