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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;


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

ASIL Studies in International Legal Theory

Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book's central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law's unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order.

The Nature of International Law

International law requires that, before any new weapon is developed, purchased or modified, the legality of its use must be determined. This book offers the first comprehensive and systemic analysis of the law mandating such assessments - Article 36 of the 1977 Additional Protocol I to the Geneva Conventions. Underpinned by empirical research, the book explores the challenges the weapons review authorities are facing when examining emerging military technology, such as autonomous weapons systems and (autonomous) cyber capabilities. It argues that Article 36 is sufficiently broad to cover a wide range of military systems and offers States the necessary flexibility to adopt a process that best suits their organisational demands. While sending a clear signal that law should not simply follow technological developments, but rather steer them, the provision has its limits, however, which are shaped and defined by the interpretative decisions made by States.

Emerging Military Technology under the Law of Armed Conflict

International Law and Weapons Review

Humanity in the twenty-first century faces serious global challenges and crises, including pandemics, nuclear proliferation, violent extremism, refugee migration, and climate change. None of these calamities can be averted without robust international cooperation.&nbsp;Yet, national leaders often assume that because their states are sovereign under international law, they are free to opt in or out of international cooperation as they see fit. This book challenges conventional wisdom by showing that international law requires states to cooperate with one another to address matters of international concern-even in the absence of treaty-based obligations. Within the past several decades, requirements to cooperate have become firmly embedded in the international legal regimes governing oceans, transboundary rivers, disputed territories, pollution, international security, and human rights, among other topics. Whenever states address matters of common concern, international law requires that they work together as good neighbors for their mutual benefit. This title is also available as Open Access on Cambridge Core.

Mandatory Cooperation Under International Law

Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

The Challenge of Global and Local Legal Pluralism

Negotiating State and Non-State Law

Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.

Human Dignity in International Law

Forests are central to international security, peace, and justice, as they provide livelihoods for millions of impoverished people in developing countries. Threat's to the world's forests may result in a reduction in basic livelihood resources and will have significant consequences on a global scale. There is no existing international treaty on the protection of forests, with the result that their international protection is governed by disparate areas of international law and smaller-scale local initiatives. In this context, this book reviews the history of international law on forests, evaluating the effectiveness of the existing international legal framework to protect them. The book investigates the impact of the initiatives which have emerged in the absence of a dedicated international agreement, including Reducing Emissions from Deforestation and Forest Degradation (REDD+) and forest certification, which are assessed in the wider context of the development of international environmental law. It also considers the role of regional forest agreements in the international protection of forests. It assesses the challenges to the effectiveness of international law governing forests, in particular the disparate nature of the law as it stands, and posits that the solution can be found in existing regional agreements. It argues that a more specific international treaty, consistent with the recent decisions of international courts on environmental protection and building on the experience of regional legal instruments, may offer an effective path forward.

International Law and the Protection of Forests

Cambridge Studies in International and Comparative Law

Hegemony, Contestation, and International Law

Free Flow of Information

Pathways towards Fairness

Remedies to Digital Vulnerability in European Private Law

Springer Commentaries on International and European Law

A Commentary

ESA Convention

Cambridge Studies in Constitutional Law

This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.

Local Meanings of Proportionality

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.

Past, Present, and Future

Space Regulation in Latin America

Asia and UNCLOS 30 Years' Implementation

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