This timely book provides the first legal and policy analysis of the intellectual property IP aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods.
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The key goods examined are tobacco, alcohol, food, and pharmaceuticals. Chapters focusing on both distinct policy areas and specific country examples serve to unearth the inherent tension emerging between these new measures as well as other categories of public health measures and IP regimes. This book discusses how to balance the legitimate interests of governments to promote human health and the protection and enforcement of IP rights.
It also further explores how to amend IP regimes with a view to encouraging companies to produce and market healthier products. Comprehensive and engaging, this book will provide innovative research angles to academics and students in the areas of both health and IP law. Its wealth of examples and analytic style will also prove insightful to legal professionals who advise on issues related to IP and public health as well as policy makers, governments and NGOs.
There has been an explosion of interest in recent years regarding the origin and of intellectual property law. The study of copyright history, in particular, has grown remarkably in the last twenty years, with a flurry of activity in the last ten. This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future. Covering European, US and international copyright history and traversing from the 16th Century to the early 20th century, this book offers a broad survey of the field and a solid foundation for future research.
Students and scholars of copyright law, authorship, art, and the book and music trades will find this book to be an invaluable resource. It will also be of use to practising lawyers and judges with an interest in the doctrinal history of copyright law. There are a number of points throughout the trade mark system where multiple undertakings share the same name, either unwillingly, or by consent.
In this timely book, expert contributors address this controversial issue and identify the various points at which names are shared. This unique book uses both historical and interdisciplinary perspectives, as well as more traditional legal methodology, to examine the practical and theoretical implications of such name sharing for the parties involved. It analyses what can be learned from the sharing process about the nature of the trade mark system and the interests which it protects.
General themes relating to the nature and purpose of trade mark law are also discussed. The contributors focus on UK and European law and their detailed treatment of specific trade mark topics will prove invaluable to postgraduate law students and academics specialising in intellectual property.
Legal practitioners will appreciate the up-to-date consideration of concepts important in both contentious and non-contentious trade mark practice and in-house counsel for brand owners will benefit from the expert guidance offered on issues relevant to protecting their trade marks. Im Verletzungsfall kann der Rechtsinhaber den Verletzergewinn nur insoweit als Schadensersatz verlangen, wie der Gewinn kausal auf der Schutzrechtsverletzung beruht. Fur andere Umstande, welche fur die Gewinnerzielung mitursachlich waren, ist ein sogenannter Kausalitatsabschlag vorzunehmen.
Doch welche Umstande begrunden einen solchen Kausalitatsabschlag? Optische Abweichungen der Nachahmung vom Original? Der Verkauf des Verletzerprodukts zu einem gunstigeren Preis? Besondere Vertriebsbemuhungen des Verletzers? Oder dessen geringes Verschulden? Zur Beantwortung der Frage, welcher Anteil vom Verletzergewinn dem Rechtsinhaber gebuhrt, hat der Autor mehr als Entscheidungen deutscher Gerichte zum Schadensersatzanspruch im Immaterialguterrecht ausgewertet und samtliche Grunde, welche die Rechtsprechung fur einen Kausalitatsabschlag anfuhrt, kritisch untersucht.
Brandfather by John M. John studied at Manchester University where he obtained a degree in geography. He later was awarded a Masters in Business from Brunel University. He then worked for Leesona, a textiles and plastics machinery manufacturer, before founding Novamark in London, the world's first naming company. In , they had over staff in over a dozen countries. John's company specialised in trademark law, packaging and corporate identity design, brand valuation and brand consultancy. John and his colleagues sold the business to Omnicom. In , John retired and became a brands entrepreneur, being a branding consultant for 20 years.
In 'Brandfather', he takes us through his fascinating career, using stories, examples and anecdotes to illustrate his unusual journey up until retirement. Jewish copyright law is a rich body of jurisprudence that developed in parallel with modern copyright laws and the book privileges that preceded them. Jewish copyright law owes its origins to a reprinting ban that the Rome rabbinic court issued for three books of Hebrew grammar in Itcontinues to be applied today, notably in a rabbinic ruling outlawing pirated software, issued at Microsoft's request. In From Maimonides to Microsoft, Professor Netanel traces the historical development of Jewish copyright law by comparing rabbinic reprinting bans with secular and papal book privileges and by relaying the stories of dramatic disputes among publishers of books of Jewish learning and liturgy.
Hedescribes each dispute in its historical context and examines the rabbinic rulings that sought to resolve it. Remarkably, the rabbinic reprinting bans and copyright rulings address some of the same issues that animate copyright jurisprudence today: Is copyright a property right or just a right toreceive fair compensation? How long should copyrights last? What purposes does copyright serve? While Jewish copyright law has borrowed from its secular law counterpart at key junctures, it fashions strikingly different answers to those key questions.
The story of Jewish copyright law also intertwines with the history of the Jewish book trade and with steadfast efforts of rabbinic leaders to maintain their authority to regulate that trade in the face of the dramatic erosion of Jewish communal autonomy in the eighteenth and nineteenth centuries. This book will thus be of considerable interest to students of Jewish law and history as well as copyright scholars and practitioners. Bazinas Editor ; N. The law of secured transactions has seen dramatic changes in the last decade.
The overall theme of this book is international or cross-border secured transactions law. It assembles contributions from some of the most authoritative academic voices on secured financing law. This publication will be of interest to those involved in secured transactions around the world, including policy-makers, practitioners, judges, arbitrators and academics. Butterworths competition law handbook by edited by Antonio F. These are the papers from the Cambridge Tax Law History Conference revised and reviewed for publication.
The papers include new studies of- income tax law rewrite projects ; law and administration in capital allowances ; the 'full amount' in income tax legislation; Sir Josiah Stamp and double income tax; early German income tax treaties and laws concerned with double tax avoidance ; the policy of the medicine stamp duty; 'Danegeld' - from Danish tribute to English land tax; religion and charity, a historical perspective; 'Plaintive Glitterati'; a collision of accounting and law, dividends from pre profits in Australia; the history and development of the taxation profession in the UK and Australia; an inquiry into Dutch to British Colonial Malacca ; the taxation history of China; taxing bachelors in America- ; Dutch Tax reform under Napoleon; and the last decade of estate duty.
The Publisher and authors have dedicated this volume to the memory of John Tiley, Emeritus Professor of the Law of Taxation at the University of Cambridge, who died as it was going to press. The Cambridge History of Tax conferences were his idea and he was responsible for their planning. He also edited all six volumes in the series. The rise of corporate groups in the last century dictates a shift in the income tax law: instead of treating each company as a separate taxpayer, the tax consolidation regime is increasingly common. In the study, he critically analyses and compares alternative policy options with respect to ten key structural elements.
The study improves understanding of the design and implementation of consolidation regimes and sets the stage for the search for a model. It provides valuable information with respect to the best practices, as well as the pitfalls, in the design of a consolidation regime.
The book is essential to countries contemplating the introduction of a new consolidation regime and offers important insights into the management of such a complex structure through careful policy-orientated choices. The dark side of body part trading operates in a dynamic fashion, full of mystery, intrigue, and ambition. On the one hand, black and gray markets are illegal, but also pioneering and inventive; and although this type of criminal activity requires a level of dexterity and innovation, the point should not be lost that these markets thrive and flourish, sometimes in view of law.
On the other hand, altruistic body part procurement is mired by low participation, which encourages black market transactions. Thousands of sick patients die each year without the hope of receiving an organ or bone marrow donation through the altruistic procurement system, so they turn to the dark side. This book offers a frank conversation about altruism in the global body market. It exposes how researchers exploit their patients' ignorance to harvest tissue samples, blood, and other biologics without consent for research and patent development.
The book chronicles exploitation in the name of altruism, including the nonconsensual use of children in dangerous clinical trials, and analyzes social and legal commitments to the value of altruism - offering an important critique of the vulnerability of altruism to corruption, coercion, pressure, and other negative externalities. Der in Deutschland chronisch vorherrschende Mangel an Spenderorganen zwingt den Gesetzgeber zu einem Verteilungssystem, das uber Leben und Tod der wartenden Patienten entscheidet.
Das derzeitige wird von Richtlinien der Bundesarztekammer mit seinen Wartelisten- und Verteilungsverfahren gepragt und sieht sich dabei starker verfassungsrechtlicher Kritik ausgesetzt. Dabei wird es in zunehmendem Masse rechtspolitisch in Frage gestellt. Zu dieser schwierigen Lage des deutschen Transplantationsrechts gesellt sich in letzter Zeit ein erheblicher Verlust des Systemvertrauens der Bevolkerung durch manipulative Eingriffe behandelnder Arzte und fehlerhafte Organvermittlungen.
Die Frage, wie sich verfassungsrechtliche Unsicherheiten der BAK-Richtlinien auf die zivilrechtliche Arzthaftung auswirken, unter welchen Voraussetzungen ein behandlungsvertrags- und deliktsrechtlicher Schuldvorwurf erhoben werden kann und wie sich die Rechtssatze der BAK zivilrechtsdogmatisch in die Arzthaftung einordnen lassen, ist Kernthema der vorliegenden Untersuchung.
This important new work offers a comprehensive and compelling account of State aid law and policy and its application to the energy sector. Clearly structured and offering meticulous detail and robust analysis, it is required reading for all practitioners in the field. The volume explores general questions from the definition of State aid to its application in Member States by national courts. It also examines questions of procedure, questions of compatibility, and State aid and the EEA.
It is an invaluable tool for lawyers, policymakers and tax professionals specialising in State aid law and energy law, written by a team of leading practitioners and academics in the field. Destroying the country's ecological heritage! A deepening understanding of the importance of climate change has caused a recent and rapid increase in the number of climate change or climate-related laws. Trends in Climate Change Legislation offers an astute analysis of the political, institutional and economic factors that have motivated this surge, placing it into context.
By focusing the analysis on both developed and developing countries, the contributors offer an extensive exploration of climate change legislation, and how it has been enacted on a global scale. Vitally, they make the link between the international commitments under the Paris Agreement and their delivery at national level. Concluding that strong climate legislation is essential to give credibility to the pledges that countries made in Paris, this book identifies the key provisions that good climate laws should contain, and addresses factors that influence the passing of climate laws.
This stimulating and informative book will be of particular interest to parliamentarians, policy makers and lawyers involved in areas of climate policy and environmental law. It will also appeal to students and researchers with an interest in climate change legislation. Paying the Carbon Price analyses the practice of freely allocating permits in Emissions Trading Schemes ETSs and demonstrates how many heavy polluters participating in ETSs are not yet paying the full price of carbon.
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This innovative book provides a framework to assist policymakers in the design of transitional assistance measures that are both legally robust and will support the effectiveness of the ETSs whilst limiting negative impacts on international trade. Within the realm of international and comparative law, this book closes the gap between the legal frameworks of ETSs in practice, the economic research data and the doctrinal analysis of WTO law. These interesting insights and fresh ideas explore the connection between ETSs, the problems with free allocation of emission permits and the analysis of complex legal instruments.
This accessible resource will be invaluable for those researching and teaching climate change law and policy, international trade law and environmental economics. It will also be a useful tool for policymakers, lawyers and economists. No Marketing Blurb. This new title in the popular Text, Cases, and Materials series provides students with a deep understanding of environmental law while also encouraging critical reflection and pointing out areas of controversy and debate.
The authors present an impressive range of extracts from UK, EU, and international cases, legislation, and articles, to help support learning and demonstrate both how the law works in practice and how it should or could work, clearly guiding students through key areas while providing insightful explanations and analysis.
Topics have been carefully selected to support a wide range of environmental law courses, within law school and beyond. These include pollution control, nature conservation, climate change regulation, town planning, and water regulation, all incorporating aspects of law from local, UK, EU and international legal cultures. With its unique combination of extracts and author discussion, this new text provides a wide-ranging, stimulating and fresh approach to environmental law, which can be relied upon throughout your course and career.
Carbon Capture and Storage CCS is increasingly viewed as one of the most significant ways of dealing with greenhouse gas emissions. Critical to realising its potential will be the design of effective legal regimes at national and international level that can handle the challenges raised but without stifling a new technology of potential great public benefit. These include- long-term liability for storage; regulation of transport; the treatment of stored carbon under emissions trading regimes; issues of property ownership; and, increasingly, the sensitivities of handling the public engagement and perception.
Following its publication in , Carbon Capture and Storage quickly became required reading for all those interested in, or engaged by, the need to implement regulatory approaches to CCS. The intervening years have seen significant developments globally. Earlier legislative models are now in force, providing important lessons for future legal design. Despite these developments, the growth of the technology has been slower in some jurisdictions than others.
This timely new edition will update and critically assess these updates and provide context for the development of CCS in and beyond. Of Limits and Growth by Stephen J. Of Limits and Growth connects three of the most important aspects of the twentieth century: decolonization, the rise of environmentalism, and the United States' support for economic development and modernization in the Third World. It links these trends by revealing how environmental NGOs challenged and reformed the development approaches of the US government, World Bank, and United Nations from the s through the s.
The book shows how NGOs promoted the use of 'appropriate' technologies, environmental reviews in the lending process, development plans based on ecological principles, and international cooperation on global issues such as climate change. It also reveals that the 'sustainable development' concept emerged from transnational negotiations in which environmentalists accommodated the developmental aspirations of Third World intellectuals and leaders.
In sum, Of Limits and Growth offers a new history of sustainability by elucidating the global origins of environmental activism, the ways in which environmental activists challenged development approaches worldwide, and how environmental non-state actors reshaped the United States' and World Bank's development policies.
This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal instruments for environmental governance. A growing number of organisations including the IUCN, UNEP and the Organisation of American States have voiced concerns that legal instruments that were developed to pursue more convincing environmental governance over the last 40 years are not creating a sufficiently potent system of environmental governance.
In response to this challenge, this timely book explores how to bridge the significant implementation gap between the objectives of environmental law and the real-world outcomes of its application. Expert contributors discuss different forms of law, from international conventions down to inter-parties agreements, and non-government codes and standards. The overarching discussion highlights the diverse factors that impact upon implementing environmental law in practice, and considers the limitations and opportunities for constructive innovation in legal governance. This book is a comprehensive reference point for scholars and policy-makers, shedding light on how to achieve significant improvements in the effective application of environmental law.
This timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change. The book is structured around three main topics: the rationale, the tax design and the legal framework of environmental border tax adjustments.
This three-fold analysis gives an overview of the legal issues that should be considered before the adoption of environmental border taxes, including carbon tax adjustments. Alice Pirlot's critical approach to the arguments surrounding traditional and environmental border tax adjustments allows for detailed legal analysis going beyond the question of their compatibility with WTO law, while also reviewing the economic argument.
This book will prove to be essential reading for legal scholars and professionals alike, as well as benefitting environmental NGOs, stakeholders in energy-intensive industries and policymakers looking for in-depth insight into environmental border tax adjustments. Manfred Baldus, Dr. Bernd Grzeszick, Dr. What is the effect of revolutions on legal systems?
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What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain.
It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
The Judge by Ronald K. Collins; David M. There is no book of political strategy more canonical than Niccolo Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposedto work above the realm of politics. As it turns out, the number of people who think that judges in the U. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically.
Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committedto being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy.
This debate about judges and politics has been a perennial in American history, but it intensified in the s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale andcircular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors.
Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges onhow to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. There ultimate goal is identify both legal realists and originalists as what theyare: explicitly political though on opposite ends of the ideological spectrum. Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.
Indirect discrimination or disparate impact concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in , liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law 's regulation of private acts that unintentionally but disproportionately harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom.
In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies.
Part 1: Contextualising migration -- Identifying migrants and the rights to which they are entitled -- Historical overview of migration regulation in South Africa -- The South African Constitution and immigration law -- International migration and development in South Africa -- Part 2: South African immigration law -- Temporary residence -- Permanent residence -- Citizenship in South Africa -- The effect of the law of domicile on the migrant -- Admission and departure procedures -- Prohibited and undesirable persons -- Part 3: Consequences of contravening immigration law -- Immigration detention -- Deportation -- Extradition in the context of immigration law.
With several empirical evidences, this book advocates on the importance of human capital of persons with disabilities and demands the paradigm shift from charity into investment approach. Society in general believes that people with disabilities cannot benefit from education, cannot participate in the labour market and cannot be contributing members to families and countries.
To invalidate such assumptions, this book describes how education in particular helps make persons with disabilities achieve economic independence and social inclusion. For the first time, detailed analyses of returns to the investment in education and nexus between disability, education, employability and occupational options are discussed. Moreover, other chapters describe disability and poverty followed by the discussion of barriers behind why persons with disabilities are unable to obtain education despite the significantly higher returns.
These foundational themes recur throughout the book. The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as landmarks ' is deserved.
Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems.
The result is a three-dimensional picture of international law- what it was, what it is, and what it might yet become. This is the second book in the series Shared Responsibility in International Law, which examines the problem of distribution of responsibilities among multiple states and other actors. In its work on the responsibility of states and international organisations, the International Law Commission recognised that attribution of acts to one actor does not exclude possible attribution of the same act to another state or organisation.
However, it provided limited guidance for the often complex question of how responsibility is to be distributed among wrongdoing actors. This study fills that gap by shedding light on principles of distribution from extra-legal perspectives. Drawing on disciplines such as political theory, moral philosophy, and economics, this volume enquires into the bases and justifications for apportionment of responsibilities that can support a critique of current international law, offers insight into the justification of alternative interpretations, and provides inspiration for reform and further development of international law.
Zuvorderst wird die nationale Gesetzgebungs- und Spruchpraxis verschiedener Staaten untersucht und verglichen. The stalling of the Doha Development Round trade negotiations has resulted in bilateral and regional free trade agreements BRTAs becoming an important alternative. These agreements have proliferated in recent years, and now all of the major trading countries are engaging in serious bilateral trade negotiations with multiple trading partners.
This second edition provides updated and comprehensive analysis of the contents and trends of recent BRTAs. It is unique in that it situates these agreements in their economic, international law and international relations contexts.
It also comprehensively reviews the recent agreements in relation to each substantive topic covered e. Strategic Treaty Management by Thomas F. While little recognized in international law scholarship, multilateral treaties in diverse fields have begun to apply strategic management techniques to make them more effective and responsive.
This examination of those practices and their interplay with associated international organizations considers the application of strategic management across treaties' planning, financing, implementation, and evaluation activities. The study leads to a new appreciation of the intricacies of multilateral treaty activities and a better understanding of their operations within complex webs of networked international institutions.
In considering different approaches to steering treaties through this dispersed global governance landscape, Thomas F. McInerney draws on current strategic management literature to explore the utility of nonlinear, emergent models of strategy and gain insights from strategy as practice research. While recognizing strategic management's potential value in facilitating more flexible applications of multilateral agreements, he also emphasizes the need to maintain their normativity as international legal obligations. This fifth edition includes a considerable body of new material taken from the 13 Appellate Body reports and one arbitration award issued between January and December The publication provides excerpts from Appellate Body findings on a variety of disputes, including the aircraft subsidy disputes between the United States and the European Union.
The new material also covers key rulings made by the Appellate Body on issues such as open hearings. This book discusses the many legal aspects arising in relation to the maintenance of peace in Africa. Over the past twenty years, the majority of peace operations have been deployed on this continent, most of them established by the UN Security Council, sometimes in cooperation with the African Union and other African regional organizations, with contributions from the European Union and NATO.
In some cases, the African Union has invoked its 'primary responsibility for promoting peace, security and stability in Africa', thus questioning the legal partnership between UN and regional organizations provided for in Chapter VIII of the UN Charter. The peace operations deployed in Africa have sometimes received a very robust mandate, which also includes the use of force and the protection of civilians' human rights. The implementation of this broad mandate, which goes well beyond the traditional 'peacekeeping approach', requires considerable human and economic resources.
Moreover, it raises several issues of concern with regard to the impact on the economic and political systems of the states in which the operations are deployed and, more generally, on the exercise of sovereignty over their territorial communities by these states. Offering an update for lawyers in practice and in academia interested in the field of international law, the book also contributes to the theoretical studies concerning the activities of international organizations, focusing on one of the most challenging issues to emerge in recent times.
Situations of serious or massive violations of human rights are no longer purely of domestic concern, and sovereignty can no longer be an absolute shield for repressive governments in such circumstances. Based on this realization, the international community has recognized a responsibility to protect individuals in states where their governments are unable or unwilling to provide protection against the most serious violations. However, so far, only one intergovernmental organization, the African Union AU , has explicitly made the right to intervene in a Member State part of its foundational text in Article 4 h of its Constitutive Act.
Although there have been cases of Article 4 h -type interventions in Africa, the AU Assembly has not yet invoked Article 4 h explicitly. This book brings together experts in the field to explore the potential application of Article 4 h , and the complexities that may explain its non-invocation so far.
Although Article 4 h is noble in purpose, its implementation faces several legal and policy challenges given that the use of force penetrates the principles of state sovereignty and non-intervention - the very cornerstones upon which the AU is founded. This book considers these issues, as well as the need to reconcile Article 4 h , in so far as it allows the AU to exercise military intervention to protect populations at risk of mass atrocities, with the provisions of the Charter of the United Nations.
Drawing from the insights of law, political science, diplomacy and military strategy, the book offers a unique combination of multi-disciplinary expertise that harnesses the views of a diverse group of authors, focused on the legal, policy, and practical insights on the implementation of Article 4 h and the responsibility to protect in Africa in order to provide concrete recommendations on how to end mass atrocities on the continent. How should state-sponsored atrocities be judged and remembered? This controversial question animates contemporary debates on transitional justice and reconciliation.
This book reconsiders the legacies of two institutions that transformed the theory and practice of transitional justice. Whereas the Nuremberg Trials exemplified the promise of legalism and international criminal justice, South Africa's Truth and Reconciliation Commission promoted restorative justice and truth commissions. Leebaw argues that the two frameworks share a common problem: both rely on criminal justice strategies to investigate experiences of individual victims and perpetrators, which undermines their critical role as responses to systematic atrocities.
Drawing on the work of influential transitional justice institutions and thinkers such as Judith Shklar, Hannah Arendt, Jos Zalaquett and Desmond Tutu, Leebaw offers a new approach to thinking about the critical role of transitional justice - one that emphasizes the importance of political judgment and investigations that examine complicity in, and resistance to, systematic atrocities. Using Human Rights to Counter Terrorism uses practical examples to argue that a State's lack of respect for human rights is counter-productive and hinders its fight against terrorism.
Through analysing legislative developments since , this book examines how and why many counter terrorism measures have so far been unsuccessful; arguing that longer term, a human rights-centric approach is required. The book's expert contributors have a wide breadth of experience at a national and international level. Various counter terrorism measures, including mass digital surveillance, the use of drones, and the use of torture are examined.
The impact of counter terrorism measures on migration, civil society, and the delivery of humanitarian assistance are assessed. The chapters serve to show that a lack of accountability for human rights violations in these areas can be conducive to an increase in terrorist activity. Those working within State authorities, international and non-governmental organizations will find the arguments presented in this work compelling. Legal practitioners working in the security and human rights sectors will also find this book a useful source of evidence to support human rights countering the challenges of terrorism.
Prosecuting serious economic crimes as international crimes : a new mandate for the ICC? This revised and updated second edition highlights the most important aspects of European and international criminal law in order to provide the reader with a comprehensive, concise and solid introduction to this modern field of law. Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous self-governance in four settler-colonial nations: Australia, Canada, New Zealand and the United States.
Bringing together emerging scholars and leaders in the field of indigenous law and legal history, this collection offers a long-term view of the legal, political and administrative relationships between Indigenous collectivities and nation-states. Placing historical contingency and complexity at the center of analysis, the papers collected here examine in detail the process by which settler states both dissolved indigenous jurisdictions and left spaces - often unwittingly - for indigenous survival and corporate recovery.
They emphasise the promise and the limits of modern opportunities for indigenous self-governance; whilst showing how all the players in modern settler colonialism build on a shared and multifaceted past.
Indigenous tradition is not the only source of the principles and practices of indigenous self-determination; the essays in this book explore some ways that the legal, philosophical and economic structures of settler colonial liberalism have shaped opportunities for indigenous autonomy. Between Indigenous and Settler Governance will interest all those concerned with Indigenous peoples in settler-colonial nations. Principally, this book comprises a conceptual analysis of the illegality of a third-country national 's stay by examining the boundaries of the overarching concept of illegality at the EU level.
Having found that the holistic conceptualisation of illegality, constructed through a combination of sources both EU and national law falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants.
The potential conflation of illegality with criminality as a result of the way EU databases regulate the legal regime of illegality of a migrant 's stay is the first trend identified by the book. Subsequently, the book considers the functions of accessing legality both instrumental and corrective. In doing so it draws out another trend evident in the EU illegality regime- a two-tier regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes.
Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality. A leading motive of this study carried out with precision and persuasion is the design of transitional justice processes in law and practice.
In many situations the plight of victims and for that matter the plight of child victims in armed conflicts happens to be ignored as inopportune and inconvenient. While relevant international legal framework and applicable mechanisms are developing as part of the process of an assumed humanization of international law, major complexities and shortcomings still abound. The overview of the relevant cases and materials provided in this book helps pave the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the CRC and other instruments.
Series: Series on Transitional Justice, Vol. The application and interpretation of the four Geneva Conventions of have developed significantly in the sixty years since the International Committee of the Red Cross ICRC first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the second volume.
The Second Convention is a key text of international humanitarian law. It contains the essential rules on the protection of the wounded, sick and shipwrecked at sea, those assigned to their care, and the vessels used for their treatment and evacuation. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian-law practitioners and academics from around the world, including naval experts. It is an essential tool for anyone working or studying within this field.
Today more reservation and realism prevail than in the late s, for example. This is all the more vital because operations — or even the decision to launch operations — increasingly meet with resistance in the host country. This is an expression of diverging agendas: the international community can less and less take it for granted that the political elites in the country of deployment share its goals.
For robust operations, a consensus at the strategic level is also indispensable. The question of whether or not a host country has given its consent ultimately separates robust peacekeeping from peace enforcement. Reaching and maintaining a consensus is ultimately tied to the question of whether there is a common conception of the desired end state, and whether the mission is embedded in a robust political process that is sufficiently broad, so that the mission can rely on the support of influential member states.
Observers diagnosed a crisis of multilateralism over a decade ago. Where peace operations are concerned, this means conflicting tendencies:. On the one hand, the more recent political shifts have pushed even established institutions like the EU and NATO into troubled waters. On the other hand, there is a noticeable rise of regional powers and new actor constellations — whether as part of the African Peace and Security Architecture or in sub regional coalitions or loose, non-institutionalised formats. This increasing differentiation of action formats offers both opportunities and risks.
Politically, these formats were upgraded in the White Paper. However, the German government has not yet finally clarified which formats it intends to prioritise in future operations abroad. First, political control is non-transparent and the operational framework vague. Second, multilateral cooperation essentially forces those involved to coordinate their expectations of the political outcome that a specific operation abroad is supposed to deliver.
Informal coalitions, however, cannot provide these transparency and coordination functions. Third, there are no agreed procedures for financial burden-sharing or provision of military capabilities. These have to be renegotiated for every mission. By contrast, in multilateral formats there are pre-existing agreements and procedures on sharing the financial and military burden.
Ad-hoc coalitions do not deliver political control, nor do they coordinate the conceptions of political order pursued by the participating states. The German government can therefore no longer automatically assume that the UK, France or the Netherlands will also shoulder their share of an operation as part of NATO. Uncoordinated withdrawals of individual partners can also occasionally occur: examples are France and Canada, which backed out of the ISAF mission.
It is thus less and less frequently the case that those who start an operation together also finish it together. In other words: the political bonding effect of multilateral military action is weakening. Operations have often taken place in contexts of incomplete peace settlements. The intervention of external actors and the fragmentation of parties in conflicts seem to be the primary causes.
In these situations, the functions of operations are occasionally expanded in the direction of peace enforcement, for instance when a mission provides offensive military support for the respective government against non-state armed actors. It has a mandate to neutralise armed militias; the main novelty is that its troops have explicitly been given the authority and capabilities for offensive action. Its task is to secure access to the town of Juba, protect its airport and other central facilities, and respond immediately to attacks against civilians, UN personnel, humanitarian actors or UN protection sites.
It is authorised to use all necessary force. By February , only a little over 1, of the 4, mandated soldiers were stationed in South Sudan. This is all the more apt since protecting civilians has become one of the key tasks of modern UN peace operations. Most missions, however, can barely live up to this task. The question of how to implement the protection of civilians effectively has not yet been sufficiently clarified, either conceptually or operationally. In stabilisation efforts, the military component will remain ineffective without complementary political and financial efforts.
What options are there for responding to sustained violence in cases where no viable peace agreement comes about for years? Generally, stabilisation measures should be carried out by civilian and legitimate local authorities. These measures can be part of a multidimensional mission with a comprehensive mandate for crisis management or peacekeeping, or else be assigned to indirect subsidiary missions that are solely focusing on supporting and enabling local forces. Apart from providing training for the armed forces they give strategic advice to the defence ministries, but neither participate in combat nor support military operations.
Beyond this, there are other — often bilateral — formats for advising, training and equipping partners. These measures are not tied to military operations abroad. In part, they are meant to prevent the spread of instability in partner countries in the first place. Moreover, despite all the progress made in building APSA, the results have so far fallen below the expectations of African and external actors. Missions providing security assistance to governments in conflict need to be closely monitored. Above all, missions providing security assistance to governments in specific conflict configurations need to be closely monitored to ensure that they are not counterproductive by aggravating the conflict.
This notion transcends the well-established criterion of partner countries having to respect human rights, because by choosing a partner to assist, Germany anticipates its own indirect participation in a conflict. Sources of income from war economies can prolong conflicts if they offer relevant violent actors a lasting economic incentive or simply the means to continue the conflict.
Since groups with quite different interests converge — and are furthermore active across borders — such complex networks complicate concluding a sustainable peace agreement, especially since they are potentially tools for other states to intervene in conflicts indirectly or profit from them. Nevertheless, there are overarching ideas and concepts on how to consolidate peace in such a context and avoid accidentally strengthening criminal actors — even though concrete mission instructions from multilateral organisations are still pending.
The really controversial issue, however, is point 4: participating in the direct fight against transnational organised crime and terrorism. However, references to these threats are not always accompanied by a mandate for actual tasks. The role of peace operations in combating terrorism is even more selective and controversial. Several other operations provide capacity-building in counter-terrorism in the country of deployment. One fundamental problem remains, however.
The described threats mostly fall under the responsibility of domestic law-enforcement authorities; predominantly military approaches are therefore contested. Exchanging information and cross-border cooperation are also difficult. While criminal and terrorist groups easily move across state borders within their region, international contingents are limited to operations in the country of deployment.
Therefore, troops from neighbouring and directly affected states are frequently deployed in cases of sustained terrorist threats. If reflections on exit management occurred, they were suspected of being synonymous with short-term and half-hearted commitment. Finally, the issue of withdrawal is associated with a dilemma. Exit management always becomes a prominent part of the debate when political pressure grows — whether in the country of deployment or among the providers of troops — to withdraw from a specific operation. It is this political pressure that shapes the ensuing discussion, and ultimately also exit management, as the example of Afghanistan shows.
The end of an operation can be scheduled or tied to achieving specific objectives. Each approach comes with its own challenges. Even though mandates for peace and crisis management operations are initially only drawn up for a manageable period of six or twelve months, they are often repeatedly renewed. End of mandate and exit should therefore be viewed as distinct. In both cases, a follow-up arrangement makes it possible to schedule the withdrawal from the start. The situation is similar for national contributions, mainly for political reasons.
Withdrawing a national contribution from an ongoing mission is of course a sovereign national decision. Such timelines require multinational coordination and subsequent handling of very concrete operational consequences. In other words: successful peace-building was soon considered the only responsible exit strategy.
It is now well-known that any exit strategy needs to be based on stability criteria. Exit benchmarks should be laid down for each operation abroad according to either quantitative or qualitative considerations, and be adapted over time if necessary. Once political pressure to withdraw grows, these goals will often no longer be the basis for decision-making.
This is what an analysis of effectiveness, decisions for example about the use of funds , and the military planning and implementation of an ordered withdrawal need to be measured against. Ultimately, the debate needs to focus less on timeframes and more on strategy, benchmarks, and criteria for the successful conclusion of a mission.
The challenges discussed in this study highlight contradictions that can only partially be resolved. At the same, expectations of German foreign and security policy have almost continuously been rising since the s — whether at the European level or beyond. Given its membership in the only body that can make binding decisions for all UN members, the worst of all possible solutions would be for Germany to take a stance primarily on a case-by-case basis and at short notice. Crisis-driven decisions contradict the primacy of prevention and even as a mainly reactive approach do not go far enough.
These processes require greater effort and attention than they have been granted so far. While normative benchmarks in peace-building and state-building have been disputed before and have to be renegotiated time and time again there are now more fundamental rifts particularly as political weights and dependencies have shifted with a new, emerging set of relevant state actors. Solidarity towards allies remains a yardstick in German security policy, but on its own it offers little orientation for decision making.
In future, German policy will itself have to set out political cornerstones for a commitment — be it military or civilian — in a timely and proactive manner. For a parliamentary army such as the Bundeswehr, it is also crucial that the Bundestag engages in ongoing debates about operations and accompanies them. A review of ongoing UN missions to determine whether their mandates are even realisable should contribute to better defining tasks and objectives.
Rather, it is important to describe the desired end state of an operation more clearly in general, not just within the UN framework. This concerns both the previously mentioned debate of exit options and the control mechanisms that are geared towards an end state. While it will always be necessary to adapt mandates and equipment, adjustments should be based on consistent monitoring of the situation and coordination with other instruments.
This also means more effective networking on the German side, without blurring the responsibilities of different actors. From the German perspective, a UN mandate should continue to be a prerequisite for every operation abroad. A large number of non-military missions and actors are usually active in the same place — often with German support, including personnel. This increases the need for information and coordination for national ministries and for various international actors. However, there is still considerable discrepancy between the rhetoric of the comprehensive approach and operational reality.
The provision of resources for missions is only one side of the coin. Comprehensive analyses in advance and ongoing assessments of the impact of individual missions that extend beyond a description of the situation are the other side. This requires realism: detailed evaluations have been demanded time and again, but they are almost impossible to deliver during an ongoing deployment and as a means of monitoring progress. This is just as relevant for the political strategy guiding the action as for specific capacity-building projects.
Capacity-building in partner countries will grow in importance. At the same time, a presence on the ground is vital for implementing projects and particularly in the context of conflict, this will usually mean participating in larger and more comprehensive missions. The ruling of the Constitutional Court and the Parliamentary Participation Act have given them a solid legal framework. This needs to be kept in mind, especially during times when that order is being challenged or undermined. Numerous European politicians see a militarily capable EU as an added value not just in security policy, but also in integration policy.
Due to the obvious financial and military limitations of individual states, multilateral action in security and defence policy increasingly means action that is militarily integrated. Ad-hoc coalitions should remain the exception for Bundeswehr operations abroad. The Bundestag will have to examine more closely to what extent it can still fulfil its political oversight on such operations in conjunction with other national parliaments.
This largely means continuing current capacity-building efforts, including as part of CSDP training missions led by staff from the recently established Military Planning and Conduct Capability. Traditional peacekeeping operations also seem feasible again, as the debate over a potential UN peacekeeping operation in eastern Ukraine made clear.
With its Guidelines on crisis prevention and conflict resolution and White Paper, the federal government established a framework during the last legislative period that now needs to be elaborated.
Kristian Berg Harpviken
Capacity Building in Support of Security and Development. Organisation for Economic Co-operation and Development. Organisation for Security and Cooperation in Europe. German soldiers maximum. Total soldiers maximum. What Contribution to International Security? See bundeswehr. Federal Ministry of Defence ed. For a discussion about terminology, see also the debate in the Federal Parliament Subcommittee Crisis Prevention, 26 March Beschluss der XXXI. Januar in Wildbad Kreuth.
Focus on Operations. Concentration, Flexibility, Efficiency Berlin, October , On this point, see e. See Neue Macht — Neue Verantwortung. See Federal Ministry of Defence ed. On the first aspect, see Klaus Naumann, Einsatz ohne Ziel? On the second, see idem, Der blinde Spiegel. Deutschland im afghanischen Transformationskrieg Hamburg, According to Federal Ministry of Defence planning, in up to 12, soldiers are meant to be made available for such drills alone.
According to the annual report of the parliamentary ombudsman for the armed forces 59 th report, 20 February , p. See e. Sebastian von Einsiedel with Louise Bosetti et al. Later renamed the Political Instability Task Force. See Monty G. Von Einsiedel et al. For such a discussion, see e. See the following special issues for an extensive survey of the responsibility to protect: International Politics 53, vol. The Oxford Handbook of the Responsibility to Protect , ed. Alex J. Bellamy and Tim Dunne Oxford, , is also comprehensive.
Roger Mac Ginty and Oliver P. In addition, two further varieties of this revisionism can be seen in international relations: an institutional revisionism targeting the fundamental modification or abolition of existing institutions, and a normative revisionism pursuing the same goal with international norms.
See German Bundestag, 14 th legislative period, Antrag der Bundesregierung. Grundlagen, Strategien und Ergebnisse einer Beteiligung der Bundeswehr , ed. Hans J. Chester A. See the remarks on ad-hoc coalitions in the White Paper see note 29 , 81ff. This is not the place to debate whether or not the EU is a system of collective security. However, large swathes of the most recent legal literature clearly tend towards characterising the EU as a system of collective security under article 24 para 2 GG. See Courtney J. Joachim A.
Developments in the operations doctrine and reform efforts had already been documented and advanced between and PDF accessed 23 March See Rainer L. Zeitschrift des Deutschen Bundeswehrverbandes February , 14f. Dan Krause and Michael Staack Opladen, , — Rainer Glatz and Rolf Tophoven, Schriftenreihe, vol. See Joachim A. The EU will also enhance synergy with UN peacebuilding efforts, through greater coordination in the planning, evolution and withdrawal of CSDP capacity-building missions in fragile settings.