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Law and Criminology (R0)

Meike Krakau

Causation in National and International Climate Change Litigation

&lt;p&gt;Chapter 1. Setting the Stage for Climate Change Litigation.-&amp;nbsp;Chapter 2. Causation in Climate Change Litigation.-&amp;nbsp;Chapter 3. Factual Causation.-&amp;nbsp;Chapter 4. Normative Causation.- Chapter 5. Conclusions.&lt;/p&gt;


Juridicum – Bochumer Schriften zur Friedenssicherung und zum Humanitären Völkerrecht I Bochum Studies on the International Law of Peace and Armed Conflict

Administrative procedure is often perceived as a nuisance by those involved: by individuals seeking an action, service or permission from the state as well as by members of the administration wanting to pursue an action against an individual or refusing to act in her favour. Both sides may view administrative procedure as an unwelcome hurdle on their way to reach their objectives. This perception, however, clouds the value and importance of administrative procedure for the individual in modern legal systems. It is not an end in itself but protects individuals against arbitrary state action.
This book explores the connection between international human rights law and administrative procedure. In particular, it discusses potential justifications for obligations of administrative procedure under international human rights law, their doctrinal construction, and their implementation as well as the scope of review of courts.
About the Author
Benedikt Behlert works as an attorney in Düsseldorf, focussing on all areas of German, European and international public law.

The Relevance of Administrative Procedure to International Human Rights

The Necessity of a Conversation between the Administration and the Individual

Distributed energy resources (DERs) such as solar panels, microgrids, and residential battery storage are reshaping electricity systems by enabling autonomous consumption and localised generation. They challenge the traditional centralised power model and offer significant potential for decarbonisation, decentralisation, digitisation, and democratisation—essential pillars for the energy transition. However, the DER revolution is not purely technological; it beckons important legal and policy changes too. While the need for DERs is widely recognised, their design, financing, and implementation can present complex economic, environmental, social, and governance risks including land tenure issues, legal liability, and protracted disputes. Electricity laws and policies—often drafted decades ago—are increasingly ill-equipped to address the challenges of integrating these technologies. At the same time, communities are demanding a greater role in shaping DER law and policy, calling for inclusive frameworks that ensure equitable access, data privacy, consumer protection, participation, human rights, and gender justice—particularly in low-income and indigenous communities. Sustainable Distributed Energy Resources: Law and Policy explores how legal and regulatory systems worldwide are responding to these challenges. Through a sustainability lens, it offers practical tools for managing legal, contractual, and governance risks across the DER value chain and presents a roadmap for improving coherence in the design, financing, generation, and consumption of DERs. It also highlights the role of energy entrepreneurship education in building a secure and inclusive energy future. ***** This book is the result of a long-standing collaboration between the International Bar Association's Section on Energy, Environment, Natural Resources, and Infrastructure Law (IBA SEERIL), Oxford University Press (OUP), and the Academic Advisory Group (AAG) of IBA SEERIL. The International Bar Association is the world's largest organization of lawyers and bar associations. As an active section of the IBA, SEERIL leads public interest initiatives and keeps its members informed about key developments across its six committees: Environment, Health and Safety Law; International Construction Projects; Mining Law; Oil and Gas Law; Power Law; and Water Law. The AAG is a network of academics engaged in research and teaching in areas relevant to SEERIL's work.

Law and Policy

Sustainable Distributed Energy Resources

Beiträge zum ausländischen öffentlichen Recht und Völkerrecht

The ICJ advisory opinion on climate obligations marks a milestone in international climate law. It reflects a shift toward a more coherent order that limits state discretion in favor of global public interests. The opinion construes climate law as a systematic framework that strengthens the shared value of long-term, science-based climate protection through multilateral cooperation. Yet it remains unclear whether it can fulfill its promise by providing workable paths for redistribution, state liability, and compensation. The contributions explore this normative shift and the tensions that persist.

With contributions by
Harro van Asselt |Juan Auz | Lovleen Bhullar | Jutta Brunnée | Dave-Inder Comar | Rashmi Dharia | Khaled El Mahmoud | Corina Heri | Jannika Jahn | Hellen Keller | Denise Koecke | Andreas Kulick | Andrej Lang | Phillip Paiement | Vishal Prasad | Malavika Rao | Jochen Rauber | Lillian Robb | Rozemarijn Roland Holst | David Scott | Nele Suchantke | Katalin Sulyok | Motitz Vinken | Christina Voigt

This title is also available as Open Access.

At the Forefront of the Structural Transformation of International Law

The ICJ Advisory Opinion on Climate Change

Should deep seabed mining (DSM) stop or proceed? The international community is now facing a difficult choice. No matter what decision is made, environmental consideration is the core of the issue. This book tackles the compelling question of how to secure the marine environmental protection in DSM from an international law perspective. It deals with two major research questions: What are the international environmental requirements of participants - the contractor, the sponsoring State and the International Seabed Authority (ISA)? What are the legal consequences for them when environmental damage occurs? In doing so, it analyses the international DSM legal regime and general international environmental principles, observes the functioning of the ISA, and draws on law and practice of various environmental treaty mechanisms. The examination reveals the potential practical difficulties as well as fundamental obstacles in the application of international environmental rules and principles in the specific context of DSM.

International Environmental Obligations and Liabilities in Deep Seabed Mining

Modern China and International Economic Law

<div>This book provides a comprehensive and systematic overview of the provisional measures regime in investor-State arbitration, from the legal basis of&nbsp;provisional measures in investor-State arbitration to the purpose of provisional measures, from the categories of provisional measures to provisional measures suspending parallel proceedings, and from the authority of investor-State arbitral tribunals to grant provisional measures to the requirements for granting provisional measures and to the compliance with provisional measures.</div>
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The system of provisional measures in investor-State arbitration can be divided into ICSID arbitration and non-ICSID arbitration, and comparison and anatomy can be conducted within the system. In addition, it is interesting to see how these issues are dealt with in the interim measures taken by the ICJ. In view of this, this book intends to compare the provisional measures in the ICSID arbitration and non-ICSID arbitration within the investor-State arbitration system, and compare the provisional measures in the investor-State arbitration with the interim measures in the ICJ, so as to anatomize the system of provisional measures and provide some guidance for the international lawyers in their future arbitral (judicial) practice.
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Provisional Measures in Investor-State Arbitration and China’s Legal Practice

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

International Law in Asia

This book is a scholarly compilation that explores the diverse and evolving landscape of public maritime law across Asia. This book provides an in-depth analysis of key legislative frameworks, safety and security measures, marine environmental governance, and seafarer welfare within the region. Divided into four thematic sections—Public Maritime Legislations, securing Maritime Safety, Prevention of Vessel-Source Pollution, and Seafarer Rights—the book features contributions from esteemed academics and professionals across Asia. It offers country-specific insights, comparative analyses, and case studies from nations such as South Korea, China, Vietnam, Mongolia, Singapore, and others. The work aims to highlight the unique challenges faced by Asian countries while addressing global maritime issues such as environmental sustainability, safety regulations, and human rights.
By bringing together diverse perspectives from experts across the region, the book contributes meaningfully to the discourse on maritime governance while supporting sustainable development and legal innovation in the Asian maritime sector. It serves as a valuable resource for legal scholars, policymakers, maritime professionals, and students interested in understanding the complexities of maritime governance in the Asian context.

Public Maritime Law in Asia

A Critical Introduction

Major Cases in Climate Law

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

EYIEL Monographs - Studies in European and International Economic Law

European Yearbook of International Economic Law

This book provides a critical, practically oriented examination of the ethical implications of third-party funding in international arbitration, viewed through the lens of legal ethics and the legitimacy and integrity of arbitral proceedings. It clarifies what constitutes appropriate and inappropriate conduct in third-party funding in international arbitration and provides guidance for arbitrators, lawyers, funders, parties, and policymakers navigating this fast-evolving field. With forward-thinking proposals, this book encourages the development of specialized professional standards and ethical rules for arbitration practitioners within an evolving, shared, self-regulatory ethical ecosystem of international arbitration, while also calling for external regulation of third-party funders’ conduct through both statutory and market-based mechanisms. The timely information contained in this book supports the evolving needs of the international arbitration community and serves as a valuable guide for professionals navigating this changing landscape.
This book combines theoretical underpinnings with practical applications to serve as a resource for researchers, professionals, educators, and students. It provides researchers and arbitration participants with critical insights into the ethical implications of third-party funding in international arbitration, as well as practical guidance, recommendations for ethical standards and rules, and innovative strategies for meeting these challenges.

Conflicts of Interest, Professional Duties, and Regulatory Responses

Third-Party Funding and Ethical Ecosystem of International Arbitration

Space Law and Policy

This book examines the emerging industry of extracting resources from celestial bodies, focusing on the ethical, legal, and technological challenges involved. As private companies and national agencies pursue the untapped potential of asteroids and the Moon, the book explores who stands to benefit and how this can be achieved responsibly and sustainably.
It addresses critical questions surrounding equity in resource extraction and whether space will remain a shared domain or become a battleground for economic and geopolitical competition. The book also highlights the role of technologies such as blockchain, artificial intelligence, and quantum computing in improving transparency and accountability in space mining operations.
In addition to technological insights, the book examines gaps in international space law and offers governance models to guide future activities, ensuring that the exploitation of space resources benefits all humanity.
Ideal for policymakers, industry professionals, academics, and those curious about the future of space exploration, Space Mining: Humanity’s Quest for Equity provides a balanced analysis of the opportunities and risks involved in space mining.
This book invites readers to consider how humanity’s role in the cosmos can align with principles of fairness, sustainability, and long-term stewardship.

Humanity’s Quest for Equity

Space Mining

This book provides a critical examination of the deficiencies in decent work within global supply chains. It explicitly identifies and discusses the core elements of decent work as defined by the International Labour Organisation's (ILO) decent work agenda, while underscoring the essential international human and labour rights principles that are integral to achieving these standards. The study firmly asserts that multinational enterprises (MNEs) have a pivotal role in advancing decent work initiatives. However, it is undeniable that many of these enterprises frequently fail to comply with established decent work standards. MNEs have gained stronger international influence, and they are able to move their businesses to countries with low cost of labour and less regulations. This phenomenon weakens the governments of host nations as they are keen to promote foreign direct investment in order to reduce unemployment and to ensure economic growth. As a result, the host nations are encouraged to set laws that will attract MNEs at the expense of human and core labour rights. As a result, MNEs are not held accountable in respect of alleged abuses of human and labour rights.
This book recommends regulatory reforms, which will empower the ILO to intervene to prevent human and labour rights violations by MNEs and where such violations occur, to at least provide effective remedies to vulnerable employees.

Compliance with Decent Work Standards by Multinational Enterprises

Causation in National and International Climate Change Litigation

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