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Law and Criminology (R0)

Nguyen Hong Thao

Vu Hai Dang

Asia and UNCLOS 30 Years' Implementation

An Assessment

&lt;p&gt;Settlement of Disputes: Bay of Bengal.- Territorial and Maritime Disputes: South China Sea.- Settlement of Disputes: Maritime Delimitation.- The Practical Implications of Unresolved Maritime Boundaries: Special Reference to the Malaysian Position.- Moving from MPAs to Area-based Management Measures in the South China Sea.- The Necessity of Indonesia's Measures to Sink Vessels for IUU Fishing in the Exclusive Economic Zone.- Expanding the Environmental Regulatory Scope of UNCLOS Through the Rule of Reference: Potentials and Limits.- Improving the Freedom of Repairing Telecommunication Submarine Cables in Southeast Asia.- Problems and Processes of Restricting Navigation in Particularly Sensitive Sea Areas.- Regulating Exceptions for Research and Exploratory Fishing in Southern Ocean Marine Protected Areas.- Doctrines of Self-Defence on the High Seas under Law of the Sea.- International Arbitration of Maritime Delimitation.- China’s Participation in the Global Ocean Governance Reform.&lt;/p&gt;


While mainstream international legal scholarship has long treated race as a peripheral concern-or a historic injustice to be remembered but not redressed-this volume argues that racialisation is foundational to the discipline, underpinning its doctrines, epistemes, and interlocutors. Emancipating International Law explores the many ways racial hierarchy, systemic oppression, and global white supremacy shape international law. Bringing together leading and emerging scholars, the collection moves beyond qualifying whether international law is racist to explore how racial hierarchies are embedded in its structures and continue to evolve through legal and institutional practice. Divided into five sections, the book begins by situating international law's racialised boundaries within its colonial, capitalist, and chauvinist afterlives, exposing how white ignorance and race-thinking underpin legal norms, from sovereignty to jus cogens. It then examines racial stratification across legal institutions, including investment law, refugee law, and the Genocide Convention. The third section extends this critique to human rights, revealing the ways in which even an emancipatory paradigm can bolster racial injustices. The penultimate section unpacks racial hierarchies in disparate societies, including Brazil, India, and Japan, as well as the frontiers of nation-states. The volume concludes with a powerful discussion of the role of activism and alternative epistemologies in racial justice struggles, and the limits of international law's capacity for anti-racist transformation. Aimed at scholars, practitioners, and students of international law, critical legal studies, and anti-colonial theory, this book advances an understanding of international law that is aimed at dismantling its racialised structures. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

Confronting the Violence of Racialised Boundaries

Emancipating International Law

Our oceans are suffering under the impacts of climate change. Despite the critical role that oceans play in climate regulation, international climate law and the law of the sea are developed as two different, largely separate, legal regimes. The main objective of this book is to assess how the law of the sea can be interpreted, developed and applied to support the objectives of the United Nations Climate Regime. By identifying the potential and constraints of the law of the sea regime in supporting and complementing the climate regime in the mitigation of and adaptation to climate change, this book offers a new perspective on the law of the sea and its capacity to evolve to respond to systemic challenges, and its potential to adapt and ensure a resilient and sustainable future.

Solutions and Constraints

The Law of the Sea and Climate Change

ASIL Studies in International Legal Theory

Democratic Representation in International Organizations

Space Regulations Library

This volume offers a rigorous and comprehensive examination of the legal and institutional frameworks shaping space activities across Latin America. Through a series of country-specific analyses—including Argentina, Brazil, Chile, Mexico, and Uruguay—it explores the evolution of national space programs, regulatory reforms, and international collaborations that define the region’s approach to outer space governance. The book also highlights the pivotal role of the Latin American and Caribbean Network of Universities and Institutions that Research on Space Technology, Policy and Law (ReLaCa Espacio), underscoring its contribution to academic dialogue and regional integration in space law. Bringing together the historical context, policy analysis, and legal insights, the book highlights the strategic importance of Latin America’s growing presence in the global space community. It highlights the region’s commitment to the peaceful, responsible and sustainable use of outer space, as well as its capacity to contribute meaningfully to international space law and governance.

This volume offers a rigorous and comprehensive examination of the legal and institutional frameworks shaping space activities across Latin America. Through a series of country-specific analyses—including Argentina, Brazil, Chile, Mexico, and Uruguay—it explores the evolution of national space programs, regulatory reforms, and international collaborations that define the region’s approach to outer space governance.
 
 The book also highlights the pivotal role of the Latin American and Caribbean Network of Universities and Institutions that Research on Space Technology, Policy and Law (ReLaCa Espacio), underscoring its contribution to academic dialogue and regional integration in space law.
 
 Bringing together the historical context, policy analysis, and legal insights, the book highlights the strategic importance of Latin America’s growing presence in the global space community. It highlights the region’s commitment to the peaceful, responsible and sustainable use of outer space, as well as its capacity to contribute meaningfully to international space law and governance.

Past, Present, and Future

Space Regulation in Latin America

Ius Gentium: Comparative Perspectives on Law and Justice

This book’s central focus is on climate litigation, highlighting the main challenges and achievements, analyzing the points of convergence between the main climate cases around the world, and presenting important discussions in the area of climate litigation and its main terms and definitions.
In the first part, it provides a general overview of the role of national and international courts in the evolution of climate litigation around the world, while also addressing important concepts such as climate justice, procedural rights, gender perspective and intersectionality, and climate disinformation.
In the second part, the book reviews a number of pivotal cases in the world of climate litigation, and, to this end, presents contributions from all regions of the globe. It offers insights into cases and advisory opinions from various international human rights courts, as well as cases pursued in the UN system. Furthermore, it touches on discussions concerning e.g. ecocide, natural resources, and environmental goods.
The third and final part presents two important contributions to the legacy of climate litigation around the world: El-Hinnawi’s work for environmental and climate defense in the context of climate activism; and the role of special rapporteurs for the environment and climate change, including an unprecedented report from the Special Rapporteur of the Inter-American Commission on Human Rights for Economic, Social, Cultural and Environmental Rights, detailing his own experiences in climate litigation.
This work offers a valuable resource on climate litigation around the world for researchers, policymakers, students, teachers, and the general public alike.

This book’s central focus is on climate litigation, highlighting the main challenges and achievements, analyzing the points of convergence between the main climate cases around the world, and presenting important discussions in the area of climate litigation and its main terms and definitions.In the first part, it provides a general overview of the role of national and international courts in the evolution of climate litigation around the world, while also addressing important concepts such as climate justice, procedural rights, gender perspective and intersectionality, and climate disinformation.In the second part, the book reviews a number of pivotal cases in the world of climate litigation, and, to this end, presents contributions from all regions of the globe. It offers insights into cases and advisory opinions from various international human rights courts, as well as cases pursued in the UN system. Furthermore, it touches on discussions concerning e.g. ecocide, natural resources, and environmental goods.The third and final part presents two important contributions to the legacy of climate litigation around the world: El-Hinnawi’s work for environmental and climate defense in the context of climate activism; and the role of special rapporteurs for the environment and climate change, including an unprecedented report from the Special Rapporteur of the Inter-American Commission on Human Rights for Economic, Social, Cultural and Environmental Rights, detailing his own experiences in climate litigation.This work offers a valuable resource on climate litigation around the world for researchers, policymakers, students, teachers, and the general public alike.

A Comparative Analysis of Similarities, Challenges and Pathways

Climate Litigation in a Changing World

What is the rule of law for? What does that take? Why does it matter? There is little clarity and less agreement about any of these questions. That is partly because they are hard, but it is also because we generally do not think especially well about them. Yet they are rarely more important than today, and there are better ways to think. In this seminal book, Martin Krygier combines an account of conventional assumptions, a fundamental critique of them, and an alternative way of thinking about the purpose, the value, and the significance of the rule of law, in light of the goal it should serve: tempering power. In this time of widespread intemperate abuse of power throughout the world, these concerns are not merely analytical, academic, or even legal. They are social, political, and moral, and everyone's business. And the stakes are high.

Beyond the Rule of Law

Tempering Power

Legislative Research on the People’s Supervisor System

The book offers a comprehensive analysis of the legal implementation and impacts of the European Green Deal (EGD), introduced in 2019 to transform the EU towards a sustainable, carbon-neutral economy. Covering key research areas such as energy transition, biodiversity, circular economy, and climate law, it explores topics like the EU's potential withdrawal from the Energy Charter Treaty, the role of Power Purchase Agreements in energy markets, and the intersection of energy efficiency and biodiversity. The volume also addresses legal pathways for circularity in construction, marine ecosystem sustainability, forest conservation, and climate targets at the Member State level. Drawing on contributions from the 10th European Environmental Law Forum (2023, Leipzig), this book provides valuable insights for policymakers, legal professionals, and scholars working towards a climate-neutral Europe.This open access book

Legal Implementation and Impacts of the European Green Deal

Global Challenges in the Environmental Humanities

Adopting a multidisciplinary approach to climate adjudication, this book addresses how adjudicators decide cases by considering the influence of psychology, philosophy, legal education, film, literature, political economy, political ecology, judicial appointments, history, and climate science on their decision-making and ultimately on the (inconsistent) outcomes in climate cases. Drawing upon the humanities, science of climate change and/or social sciences to identify extra-legal factors that may drive the decision-making processes and outcomes of climate cases, this book uses case studies from different jurisdictions across the globe, addressing climate cases decided or pending in Africa, Asia, Europe, Latin and North America, and Oceania. In all, the volume will: - Engage with extra-legal influence to how show judges and arbitrators make their decisions in climate cases, shedding light on the inconsistent responses that climate cases have generated so far - Challenge assumptions of legal universalism, by recognising differences in how the law works in various - Inform actors involved in climate litigation (lawyers, judges, arbitrators, disputants), policymakers, and the public about how cases are decided

Multidisciplinary Perspectives

Adjudicating Climate Change

The second edition of the book provides a thorough legal analysis of sovereign indebtedness, examining four typologies of sovereign debt – bilateral debt, multilateral debt, syndicated debt, and bonded debt – in connection with three crucial aspects: genesis, restructuring, and litigation. Its treatise-style approach makes it possible to capture in a systematic manner a phenomenon characterized by high complexity and huge multidisciplinarity. Because of this complexity and multidisciplinarity, the legal analysis is not exclusively based on international law, but also includes private international law, domestic law and financial practice. To better contextualise the phenomenon, references are made to international financial relations and international financial history. Although it follows the structure of a continental&nbsp;tractatus,&nbsp;the work presents a good balance between doctrinal and jurisprudential sources, making it a valuable reference book for scholars and practitioners alike.
 The main updates in the second edition include:&nbsp;the effects of the Covid and Ukrainian crises and the Puerto Rico default; the issue of the validity of the Mozambican, Ukrainian, and Venezuelan loans; an analysis of China’s lending policy with particular reference to Africa; a description of the Asian Infrastructure Investment Bank and the New Development Bank; the role of credit rating agencies in the bond issuing process and the ICMA Principles on green, social, and sustainable bonds; the place of marine conservation swaps and climate swaps in restructuring processes; an inquiry into the legal status of the Paris Club and an illustration of the 
 ad hoc
 terms for restructuring and the Debt Service Suspension Initiative;&nbsp;the inclusion of single-limb collective action clauses in the terms of the bonded loans; the conclusion of the lawsuits brought by vulture funds before the US courts and of the ICSID arbitrations instituted against Argentina; and, finally, an account on the Paris Club Common Framework and the UN Basic Principles on Sovereign Debt Restructuring.

The second edition of the book provides a thorough legal analysis of sovereign indebtedness, examining four typologies of sovereign debt – bilateral debt, multilateral debt, syndicated debt, and bonded debt – in connection with three crucial aspects: genesis, restructuring, and litigation. Its treatise-style approach makes it possible to capture in a systematic manner a phenomenon characterized by high complexity and huge multidisciplinarity. Because of this complexity and multidisciplinarity, the legal analysis is not exclusively based on international law, but also includes private international law, domestic law and financial practice. To better contextualise the phenomenon, references are made to international financial relations and international financial history. Although it follows the structure of a continental&nbsp;tractatus,&nbsp;the work presents a good balance between doctrinal and jurisprudential sources, making it a valuable reference book for scholars and practitioners alike.
 The main updates in the second edition include:&nbsp;the effects of the Covid and Ukrainian crises and the Puerto Rico default; the issue of the validity of the Mozambican, Ukrainian, and Venezuelan loans; an analysis of China’s lending policy with particular reference to Africa; a description of the Asian Infrastructure Investment Bank and the New Development Bank; the role of credit rating agencies in the bond issuing process and the ICMA Principles on green, social, and sustainable bonds; the place of marine conservation swaps and climate swaps in restructuring processes; an inquiry into the legal status of the Paris Club and an illustration of the 
 ad hoc
 terms for restructuring and the Debt Service Suspension Initiative;&nbsp;the inclusion of single-limb collective action clauses in the terms of the bonded loans; the conclusion of the lawsuits brought by vulture funds before the US courts and of the ICSID arbitrations instituted against Argentina; and, finally, an account on the Paris Club Common Framework and the UN Basic Principles on Sovereign Debt Restructuring.

Genesis — Restructuring — Litigation

Sovereign Debt

Whistleblowers: Voices of Justice

Cambridge Studies in International and Comparative Law

Submarines in International Law is the first book to explore both the legal history and the contemporary regulation of submarine operations in varied areas of international law. The analysis demonstrates the instances where submarines influenced the development of the law of the sea and the law of armed conflict, as well as highlighting where international law needs to give greater account for submarines in existing bodies of law-including international marine environmental law, the law on the use of force, navigational safety rules, transnational criminal law and international cultural heritage law. Submarine operations range from military and defence uses, to supporting research and commercial seabed industries, to ocean tourism and smuggling of illicit goods. International law regulates all these activities to varying degrees. While submarines may strive to be evasive objects in the ocean, this book demonstrates why they cannot and should not elude the reach of international law.

Submarines in International Law

Asia and UNCLOS 30 Years' Implementation

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