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Casey-Maslen Stuart: Hybrid Warfare
Under International Law

Hybrid Warfare Under International Law

This book brings together all essential documents, materials, and case law on international investment law and international investment arbitration. These extracts from the primary material are accompanied by explanatory commentary placing the documents in their wider context within the international investment legal system. International investment law has emerged as a dynamic area of international law, ripe with controversies over the balance between state sovereignty and investment protection, the decentralized system of international investment law, the scope of international investment agreement protections, investor-state arbitration, and the rights and obligations of international investors. This book highlights each of these controversies, providing an overview of the historical development of international investment law, its purpose, its contractual protection, and the background to investment treaties. It assesses the substantive obligations required by the applicable law and the key issues currently facing the field, including umbrella clauses, exceptions and defences, and reparations. The book gives a detailed overview of international dispute settlement, introducing the fundamental features of investor-state arbitrations, before demonstrating the significant jurisdictional hurdles a claimant faces in order to prosecute its claim. It explains of the difference between objections to jurisdiction and to admissibility, before providing an in-depth assessment of procedural issues, the enforcement of awards, and sovereign immunity. Finally, it assesses current issues in international investment law, including investment and the environment, corporate social responsibility, and critiques of the legitimacy of the investment treaty regime, suggesting future directions for international investment law. In addressing each of these issues the book has as its principal foundation the primary materials relevant to the topics under discussion. Presented in a clear and focused manner, this book is an essential resource for students and practitioners in the field of international investment law and arbitration.

An ideal resource for students of international investment law or international dispute settlement, this collection of primary sources contains extracts from cases, bilateral investment treaties, and other key materials, accompanied by detailed commentary and analysis. It provides a perfect introduction to the most important topics in this field.

Cases, Materials, and Commentary

International Investment Law and Arbitration

The rise in the use of private prosecution is of increasing importance to criminal practitioners as well as civil litigators and commercial practitioners. This book sets out the history of private prosecutions, the statutory bases and the practical issues involved in bringing and conducting a private prosecution. The step-by-step approach begins with the laying of the information and the subsequent issuing of the summons, followed by the investigation process and the gathering of evidence through to the trial process and procedure itself. In addition the work includes the important related aspects of disclosure, costs and confiscation. Extensive use of case law and reference to related literature and statutes, as well as the inclusion of precedents, ensures a comprehensive single source for both the less experienced practitioner taking their first steps into private prosecutions and for the more experienced practitioner as a handy reference source for court.

The rise in the use of private prosecution is of increasing importance to criminal practitioners as well as civil litigators and commercial practitioners. This book sets out the history of private prosecutions, the statutory bases and the practical issues involved in bringing and conducting a private prosecution. The step-by-step approach begins with the laying of the information and the subsequent issuing of the summons, followed by the investigation process and the gathering of evidence through to the trial process and procedure itself. In addition the work includes the important related aspects of disclosure, costs and confiscation. Extensive use of case law and reference to related literature and statutes, as well as the inclusion of precedents, ensures a comprehensive single source for both the less experienced practitioner taking their first steps into private prosecutions and for the more experienced practitioner as a handy reference source for court.

The Law and Practice of Private Prosecutions

This book addresses the interplay between the proportionality principle and EU digital law. Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests. The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas. Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.

Balancing Conflicting Rights and Interests

Proportionality in EU Digital Law

Law, History and Genocidal Realities Beyond Borders and Beneath Waves

Genocide and the Ocean

This open access book provides a Mediterranean perspective on digital societies, focusing on core issues such as cultural heritage, tourism, smart city development, migration, humanitarian action management, maritime security, health data sharing, and the Mediterranean data space. The Mediterranean Sea is not just a geographical place; it is a crossroads of cultures, economies, and political trends which are now intertwined with data-driven technologies. Neither a national nor an EU versus non-EU perspective can fully grasp the variety and complexity of the resulting space and legal issues. This book takes a multidisciplinary approach to Mediterranean digital societies by analysing the legal, societal, and technical dimensions of the Mediterranean digital environment, with contributions by scholars and experts in this area. The book is a key resource for scholars who want to better understand these under-explored topics and do so from a Mediterranean, rather than an EU-centric perspective. It also supports policy makers designing their digital strategies - both sectoral and general - in the Mediterranean region, and considering the impact of data-driven technologies on society and their geo-political dimension. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Law and Technology

Mediterranean Digital Societies

Analyses in full the matters relating to the regulation of international trade under UK legislation, including coverage of geo-political situations such as the war in the Ukraine.

Analyses in full the matters relating to the regulation of international trade under UK legislation, including coverage of geo-political situations such as the war in the Ukraine.

The UK Regulation of International Trade

This book traces the evolution of the rule of forfeiture in the UK and other common law countries (Australia/NZ/Canada) alongside the development of the US public policy doctrine.

This book traces the evolution of the rule of forfeiture in the UK and other common law countries (Australia/NZ/Canada) alongside the development of the US public policy doctrine.

The Modern Law of Forfeiture

An expert lineup of contributors fill in the methodological and intellectual gaps in the field of comparative international law.

An expert lineup of contributors fill in the methodological and intellectual gaps in the field of comparative international law.

Foundations and Critique

Comparative International Law

This concise work by the leading global expert on sale of goods law provides the perfect starting point for anyone requiring an introduction to international commercial contracts. The book provides analysis of all relevant harmonised law (including the CISG and PICC) and standard forms (the Incoterms(c) 2010; and UCP 600) in a practical context.

This concise work by the leading global expert on sale of goods law provides the perfect starting point for anyone requiring an introduction to international commercial contracts. The book provides analysis of all relevant harmonised law (including the CISG and PICC) and standard forms (the Incoterms© 2010; and UCP 600) in a practical context.

Introduction to CISG, PICC and other International Instruments

Global Commercial Contracts

This book provides the first in-depth scholarly analysis of fraud, the highest volume crime in England and Wales, addressing the challenges faced in building a principled criminal law response by presenting an innovative normative analysis. The UK is now in a pandemic of fraud. There were 4.6 million fraud offences recorded in the year ending March 2021, accounting for 42% of all crime committed against individuals. Fraud is now the highest volume crime in England and Wales; its incidence in the first half of 2021 was described by UK Finance as a 'national security threat'. The book provides the answers to key questions, such as: - How can the rapidly changing nature of fraud be understood and mapped by criminal lawyers? - How does fraud connect to economic crime more broadly? - Is the current landscape for criminalising fraud fit for purpose, in the light of changes to the nature and complexity of wrongdoing? - What are the principled limits to using Artificial Intelligence technologies to detect and to penalise fraud? - Which principles should inform fraud criminalisation and governance following the COVID-19 pandemic, to meet the challenges of a digital age and a stretched criminal justice system?

The Future of Criminalisation of Fraud in England and Wales

The Fraud Pandemic

Cambridge International Trade and Economic Law

Restoring Balance

National Security and International Economic Law

The EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.

Developing the EEA over Three Decades

The EFTA Court

Hybrid Warfare Under International Law

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