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Series:

Edited by Ying-jeou Ma

Volume 36 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (ROC) in 2018. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific.

Questions and comments can be directed to the editorial board of the Yearbook by email at yearbook@nccu.edu.tw

Counter-Terrorism Financing

International Best Practices and the Law

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Nathalie Rébé

In Counter-Terrorism Financing: International Best Practices and the Law, Nathalie Rébé, offers a new comprehensive framework for CTF worldwide and reviews the strengths and weaknesses of current regulations and policies.
Both accessible, interesting and engaging in how it approaches chronic problems of Counter-Terrorism Financing, this book provides general understanding of this topic with a literature review and a gap-analysis based on CTF experts’ advices, as well as a very detailed analysis of current international regulatory tools.
Nathalie Rébé’s ‘all-in’one’ CTF manual is innovative in this field and provides answers for the international community to fight terrorism financing together more effectively, using a set of standards which promotes strong and diligent cooperation between countries concerning reporting, information exchange and gathering, as well as enforcement.

Extradition Law

Reviewing Grounds for Refusal from the Classic Paradigm to Mutual Recognition and Beyond

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Miguel João Costa

In Extradition Law, Miguel João Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform.
The book critically analyses numerous themes – from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law – at the national, European and global levels, and while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition.
The result is a new model based on mutual respect, enabling States to increase cooporation whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.

International Law in the Long Nineteenth Century (1776-1914)

From the Public Law of Europe to Global International Law?

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Edited by Inge Van Hulle and Randall C.H. Lesaffer

International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period.

Three themes are explored: ‘international law and revolutions’ which reappraises the revolutionary period as crucial to understanding the dynamics of international order and law in the nineteenth century. In ‘law and empire’, the traditional subject of nineteenth-century imperialism is tackled from the perspective of both theory and practice. Finally, ‘the rise of modern international law’, covers less familiar aspects of the formation of modern international law as a self-standing discipline.

Contributors are: Camilla Boisen, Raphaël Cahen, James Crawford, Ana Delic, Frederik Dhondt, Andrew Fitzmaurice, Vincent Genin, Viktorija Jakjimovska, Stefan Kroll, Randall Lesaffer, and Inge Van Hulle.

Judicial Cosmopolitanism

The Use of Foreign Law in Contemporary Constitutional Systems

Edited by Giuseppe Franco Ferrari

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.

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Edited by Olgun Akbulut and Elçin Aktoprak

This volume, Minority Self-Government in Europe and the Middle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation. Theoretical discussions transcend examining existing autonomy models in certain regions. It offers new models in the field, discussing such critical themes as environmentalism. Traditional concepts such as self-determination and well-known successful autonomy examples, including the Åland Islands, Basque and Catalonian models, are examined from different perspectives. Some chapters in this volume focus on certain regions (including Turkey, Syria, and Iraq) which have only recently received scholarly attention. Chapters complement one another in terms of their theoretical inputs and outputs from the field.

The Geopolitics of Cyberspace

A Diplomatic Perspective

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Shaun Riordan

In The Geopolitics of Cyberspace: A Diplomatic Perspective, Riordan explores the extent to which the key concepts of classical and critical Geopolitics can be applied to cyberspace, and how they might explain the behaviour of key state and non-state actors. Case studies seek to apply both kinds of geopolitical analysis to the US, Russia, China, the EU and internet companies, discussing what it can tell us about their past and future behaviour. Riordan then explores the implications for both the theory and, especially, the practice of diplomacy in relationship to cyberspace. He argues that foreign ministries and diplomatic services need to reform both their culture and structures to engage successfully with the challenges posed by cyberspace. Underlying the article is an attempt to rescue both diplomacy and geopolitics from popular usages that risk emptying both concepts of meaning.

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Diego Zannoni

Is international law equipped to tackle the challenges posed by the dramatic increase in disasters? In Disaster Management and International Space Law Diego Zannoni attempts to answer this crucial question through an analysis of the main legal issues involved, addressing both prevention and relief, with a special focus on major space applications such as remote sensing and telecommunications, and the attendant specific legal regimes.
It is argued that, when lives of human beings are in danger, territorial sovereignty becomes, to a certain extent, porous and bends in front of the value of human life and the urgent need to rescue. On the other hand, specific obligations were identified to cooperate in the prevention and management of disasters, particularly in terms of data sharing.

The Right to Appeal in International Criminal Law

Human Rights Benchmarks, Practice and Appraisal

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Drazan Djukić

In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas.
Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law.

Fundamentals of Public International Law

A Sketch of the International Legal Order

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Giovanni Distefano

Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.