Folkeret

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.

"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.

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.

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.

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).

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.

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.

This book offers readers an accessible and broad-ranging guide to Environmental Public Interest Litigation (EPIL), which has burgeoned in China over the past decade. The aim of this book is to provide a systematic review of Chinese experiences with EPIL in environmental matters, both with a view to gauging its success to date and well as discussing some more critical aspects. To this end, the book systematically examines the establishment and development of EPIL in China's legal, social, and political contexts. It examines particularly the significant role and functions of EPIL in China's environmental governance, and the far-reaching impacts on Chinese civil society and governments. It also offers readers an insiders' perspective in terms of procedural and substantive issues with respect to EPIL, by reviewing the institutional designs, theoretical underpinnings and specific mechanisms, the roles of various participants and stakeholders involved in this legal process. At the same time,it studies leading EPIL cases raised from environmental pollution, natural resource damage and ecological damage, and the effectiveness of environmental adjudication that sustains EPIL as a new form of judicial instrument. This book is written to remedy the gap between Chinese and English literature in this area of law. The analysis of these issues, through a historic and comparative perspective, reveals the strengths and weaknesses of the current legal regime and serves as a basis for recommendations for bringing about more effective EPIL in China.

This peer-reviewed book presents a comprehensive overview of the role space is playing in enabling Latin America to fulfil its developmental aspirations. Following on from the highly acclaimed Parts 1 to 3, it explains how space and its applications can be used to support the development of the full range and diversity of Latin America societies, while being driven by Latin American goals. The Latin American space sector is currently undergoing a phase of rapid and dynamic expansion, with new actors entering the field and with space applications increasingly being used to support the continent¿s social, economic, and political development. All across Latin America, attention is shifting to space as a fundamental part of the continental development agenda, and the creation of a Latin American space agency is evidence of this. Additionally, while in recent years, significant advances in economic and social development have lifted many of Latin Americäs people out of poverty, there is still much that needs to be done to fulfil the basic needs of the population and to afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavour to serve Latin Americäs goals for its future, but there is still a need for further incorporation of space systems and data. This book will appeal to researchers, professionals and students in fields such as space studies, international relations, governance, and social and rural development.

This book offers an overarching view of the underlying challenges that the energy transitions pose to interstate energy relations. Geopolitics of energy currently epitomizes one of the principal sources for geopolitical vicissitudes affecting global energy landscapes. The ever-changing global energy architecture, global decarbonization plans and low-carbon technology developments are having deep geopolitical consequences. The extensive and rapid adjustment towards low-carbon energy is unsettling the conventional transnational energy structures, affecting economies and altering energy interstate relations. The geopolitics of the energy transitions is a field in the making, hence the existent academic literature is scarce and limited in scope. Current debates on decarbonization tend to mimic the geopolitics of oil and gas when discussing the stakeholders involved in the energy transitions. Besides, energy transitions tend to be studied at the national level overlooking the interactions at regional and global scales. Most research on the geopolitics of the energy transitions to date has mainly focused on the path to achieve the transitions to low carbon energy systems, and less on the global dynamics and the impacts of those transitions to inter-state relations and energy security. The fundamental question that needs dwelling is: How, and to what extent, will the multiple dimensions of the ongoing energy transitions affect existing fundamental geopolitical issues, and what new dynamics may result from the decarbonization process of the planet? The reasons to organize this publication are many, but among them stand one, which is functioning as the driving force behind this project: to contribute to a broader discussion on the ways in which energy transitions and geopolitics intersect.

This book thoroughly discusses the concept of sovereign immunity in international law and how the problems normally associated with the said subject can be resolved in order to promote justice. In part one, the author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries and that it lacks usus. He also argues that forum law, i.e., the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.Furthermore, the state never acts as a juridical or natural person and, therefore, in logical terms, its functions cannot be divided into potere politico and persona civile as a prelude to determine jurisdiction. The said Italian doctrine, therefore, is ex-facie erroneous, and that a simple dichotomy between absolute immunity and restrictive immunity wholly predicated on the nature test alone would not be helpful in promoting justice. Hence the contextual approach, arbitration and comparative dominant theory are suggested as essential tools to supplement the UN Treaty on state immunity when it comes into force because some states are likely to stay out of the said treaty regime. In part two, of the book, the author provides a comprehensive analysis of international criminal justice i.e., the prosecution of heads of state before international tribunals and the means or tools available to defend these leaders. To that end, it is apposite that a distinction between immunity ratione personae and immunity ratione materiae be made clear, whereby emphasis must be placed on their differences and legal consequences in regard to the verticality of international tribunals and foreign criminal jurisdiction of statese.g., the ICC and SCLC. The author further argues forcefully that the law has not changed and that despite the reforming zeal of some important states to change the law, in reality however, the law remains almost intact wholly structured on the presumption of immunity subject to certain limited acknowledged exceptions duly supported by opinio juris, thus eclipsing the suggestion by some scholars, senior courts and international tribunals that the law be instead based on an acknowledged exception to a presumed jurisdiction. This is because international law is a decentralized public order system without a compulsory jurisdiction.

This is the first book to focus on international efforts to address Syrian chemical weapons issues in an international law context. It provides an overview of the process of control over Syrian compliance/non-compliance with international obligations, including the keys to success in eliminating Syriäs stockpiles and reasons for difficulties in handling multiple uses of toxic chemicals as weapons in domestic armed conflicts. It also addresses collective and unilateral sanctions against Syria outside of international institutional frameworks, and their implications for subsequent cases. Supported by extensive analyses of developments within the OPCW Executive Council and the UN Security Council, this book is recommended for readers seeking insight about chemical weapons issues and dynamism of international law.

This report, one of two, focuses on whether partners and allies have the willingness to support U.S. operations in a major Indo-Pacific conflict. The companion report focuses on technical and operational issues.

This volume documents the presentations of a multilingual online conference on "Digitalization as a challenge for justice and administration" held in March 2022. The contributions of the international team of authors provide insights into central issues of this highly relevant subject from African, Japanese, U.S., Swiss, Latin American and German perspectives. The result is a multifaceted picture of digitalization in the context of public, private and even criminal law.Este volumen documenta las presentaciones de una conferencia multilingüe en línea sobre "La digitalización como reto para la justicia y la administración" celebrada en marzo de 2022. Las contribuciones del equipo internacional de autores ofrecen una visión de las cuestiones centrales de este tema de gran actualidad desde las perspectivas africana, japonesa, estadounidense, suiza, latinoamericana y alemana. El resultado es una imagen multifacética de la digitalización en el contexto del derecho público, privado y penal.Der vorliegende Tagungsband dokumentiert die Vorträge einer im März 2022 durchgeführten multilingualen Online-Konferenz zur "Digitalisierung als Herausforderung für Justiz und Verwaltung". Die Beiträge des internationalen Autorenteams vermitteln Einblicke in zentrale Fragestellungen der hochaktuellen Thematik aus afrikanischer, japanischer, US-amerikanischer, schweizerischer, lateinamerikanischer und deutscher Perspektive. Dabei ergibt sich ein facettenreiches Bild zur Digitalisierung im öffentlich-rechtlichen, privatrechtlichen und auch strafrechtlichen Kontext.