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Hayashi Nobuo: Military Necessity

Military Necessity

The Art, Morality and Law of War

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

Multilateralism has been increasingly accepted as the modus operandi in world politics, and in global environmental politics in particular. International environmental law in the form of multilateral environmental agreements has over the last four decades emerged as the preferred avenue to address inter-state environmental issues that either cross state boundaries, materialize beyond national jurisdictions or are of genuinely global nature such as climate change.This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement – and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements, from diplomatic exchanges, to treaty negotiations, to analyses of the treaty text, non-compliance mechanisms and finally to recourse to courts. It also emphasises the strong impact of the sovereign powers of emerging economies such as China and Brazil on the shaping of international environmental regimes.

Environmental Multilateralism and its Discontents

Cambridge Studies in International and Comparative Law

The Co-Production of Infrastructure, Technology, and International Law

Cable Empires

A Festschrift for Rob Cryer

The Character of International Law

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Maritime and Transport Law Library

Responsibility Accountability Maritime Law examines the phenomenon of criminalisation which confronts the Master in their professional conduct, both in terms of Flag State and Port State rights and obligations. The fault lines of criminalisation, which go to the heart of the question, demand an understanding of how the concept of criminal justice has evolved to impose accountability on the Master, in circumstances which had not been crimes before.Since this book was first published, the maritime world has changed dramatically, requiring a new understanding of responsibility and accountability before the Master can make rational decisions to respond to the risk of criminalisation. While the basic theory of accountability for criminalisation and the sources of law provide the foundation, this second edition presents a new introduction to summarise the necessity for changes in structure in order to define the pre-existing law with which the Master must comply, acknowledging the re-emergence of risk in the Gulf in 2026, and the foreseeable emergence of risk in the Arctic as geopolitical pressures create uncertainty as to who will assert jurisdictional control in the management of merchant shipping in this region. The Sources of Law chapter has been expanded to address risk management in the context of current geopolitical turmoil, balancing company commitments with the safety of the ship and crew. New content includes detention of Masters and crew, the International Convention on Arrest of Ships, universal jurisdiction, and relevant case studies such as the M/T Heroic Idun.The book's format meets the needs of lawyers, academics and maritime professionals, with the aim of analysing the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions.The book is directly relevant to a broad range of parties which includes lawyers, academics, P &amp; I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.The current law and cases have been verified up to June 2026.

Criminalisation of the Ship’s Master

Responsibility and Accountability in Maritime Law

Studies in International Law

This book argues that the pursuit of universal norms remains a worthwhile endeavour for the international legal discipline. It does this while also engaging with the very active imperialist critique of such norms. The study has 4 aims; firstly to illustrate the role that the idea and debate around norms have in developing international law, and secondly to address the philosophical concerns around identifying such norms. It moves on to explore whether a legal/practical instantiation of the universal can be done without taking a particular position/perspective. And finally, it turns to the impact the universal has on the development of international human rights law. Public international law, human rights and legal philosophy scholars will welcome this original theoretical-philosophical perspective on an enduring debate in the field of international law.

International Law and the Pursuit of Universal Norms

This book offers a pioneering and deeply insightful examination of one of the most challenging dilemmas in contemporary counterterrorism and international law: how to legally and morally assess the responsibility of female suicide bombers affiliated with terrorist groups such as Boko Haram. It exposes a critical legal blind spot where female bombers are caught in a 'grey zone' - neither fully prosecuted nor released - due to conflicting norms around gender, victimhood and terrorism. Drawing on extensive research including interviews, case studies of failed suicide bombers, and legal analysis of terrorism cases, it develops a novel culpability framework that moves beyond simplistic notions of guilt or innocence. By exploring the complex spectrum of moral and legal responsibility, this framework offers a much-needed tool for policymakers, judges, practitioners, academics and students dealing with terrorism, war crimes and transitional justice. It challenges prevailing gender stereotypes that often either criminalise women excessively or excuse them arbitrarily and instead provides a nuanced approach that recognises female bombers as individuals whose actions range from coerced victimhood to accountable perpetrators. More than a legal study, this book humanises the lived realities of women involved in violent extremism and highlights the urgent need for legal systems worldwide to adapt. It is essential reading for scholars, legal professionals, policymakers, and anyone interested in terrorism, gender, human rights and international justice.

Gendered Dimensions of Responsibility

Culpability in Terrorism Law

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

Studies in Private International Law - Asia

This book is the only reference in English on private international law in Uzbekistan. Dispelling a common misconception that the law of ex-USSR countries is largely the same, the book provides an authoritative account of private international law in Uzbekistan, as well as the role the country plays in the harmonisation of private international law in the region and beyond. The chapters provide authoritative guidance on conflict-of-law rules, issues of jurisdiction in contractual and non-contractual matters, as well as the practice and procedure of enforcement of foreign judgements and arbitral awards in Uzbekistan. The book is the first that systematically explores private international law in Uzbekistan and is an essential tool in understanding the peculiarities of the country and their impact on legal practice.

Private International Law in Uzbekistan

Elements of International Law

Reservations to Treaties

Hart Publishing

This book examines the structural tensions at the heart of European economic governance and their impact on European democracy. It argues that lasting legitimacy and stability require a fundamental rethinking of how collective resources are raised and managed at supranational level and how Member States are accounted for fiscal discipline. The separation of monetary authority and economic decision-making, entrenched since the Maastricht Treaty, has generated a system marked by competence asymmetry, mutual economic and financial dependence of both the EU and Member States, constrained national policy space, and indirect democratic control. Drawing on law, economics, and political science, the book develops a comparative institutional analysis of how political, market, and judicial processes have shaped responses to financial crises, sovereign distress, pandemic and geopolitical-era interventions. It shows how the growing reliance on top-down rules, provision of financial assistance, and judicial restraint has altered relationships between institutions, governments, and individuals, with significant consequences for legitimacy and accountability. Rather than defending incremental adjustment, the book advances a normative and institutional alternative. It proposes a framework in which collective decision-making is supported by transparent financial contribution by individuals, and where responsibility for economic choices is matched by meaningful consequences at different levels of governance. Central to this vision is a rebalancing between shared fiscal capacity and decentralised responsibility, primarily by market-based mechanisms to address sovereign distress. By linking goal selection to institutional choice, the book offers a coherent roadmap for reform that prioritises ongoing involvement of EU citizens, more effective Member State fiscal accountability, and mutual independence. It will be of particular interest to scholars of public law, economic governance, and constitutional change, as well as policymakers seeking sustainable models for managing complex, multi-level political systems.

Reforming the Law of EU Finances

Towards a European Budgetary Union

This book examines the interaction between Islam and private international law in Asia. The analysis distinguishes between Muslim-majority and non-Muslim jurisdictions. Among the former, a further distinction can be drawn between Muslim-majority jurisdictions where Islamic law continues to exert a strong influence on both substantive and procedural law (including Pakistan, Bangladesh, Indonesia, and Brunei), and those where the law has been largely secularized (such as Kazakhstan, and Uzbekistan). Among the latter, non-Muslim jurisdictions can likewise be divided into two groups: those with a significant Muslim minority, often granted a certain degree of judicial or legal autonomy (such as India, the Philippines, and Thailand); and those where Muslims constitute only a small minority and where no special legal or judicial framework exists (including Japan, South Korea, Taiwan, and China). In Muslim-majority jurisdictions, the main question concerns the influence of Islamic law on the private international law treatment of cross-border cases. In non-Muslim jurisdictions, the main question concerns the acceptance of foreign law based on or influenced by Islamic law or judgments rendered in application of such laws. The chapters put the question of the interrelation between Islam and private international law in its broader theoretical context, examining the differences and similarities between the various approaches and proposing suggestions that bridge the gap between sometimes opposing approaches. The book sheds light on the multifaceted interrelation between Islam and private international law in Asia from both a theoretical and practical angle. It offers a unique perspective in which cultural and religious diversity meets private international law. This invaluable book provides judges, practitioners, decision-makers, and scholars with a practical guide and an indispensable reference to understanding this complex issue within the Asian context.

Islam and Private International Law in Asia

Military Necessity

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