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Series:

Guofu Liu

Studying and understanding Chinese refugee law is difficult for those outside China or unfamiliar with it due to the complex factors involved. Chinese Refugee Law offers a comprehensive, up-to-date, and readily-accessible reference to Chinese refugee law. It focuses on the basic legal theories and practical issues involved for China to process refugee matters and to make refugee law, and envisions the law’s future development. It provides the necessary detail, insight and background information for a thorough understanding of this complex system. The book has been written on the basis of Chinese statutes while also including coverage of the relevant international instruments. The work draws on and compares Chinese and English language sources, making it an invaluable resource for both Chinese and non-Chinese readers alike.

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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.

The European Union Returns Directive and its Compatibility with International Human Rights Law

Analysis of Return Decision, Entry Ban, Detention, and Removal

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Izabella Majcher

The book undertakes a throughout human rights assessment of the EU Returns Directive. The overarching human rights framework which circumscribes states’ prerogatives in the context of expulsion builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on the assessment of the Directive against this human rights framework, Izabella Majcher discusses several protection gaps in the Directive’s provisions which may result in violations of migrants’ rights and highlights how the Directive’s rules should be implemented to comply with member states’ human rights obligations. Informed by this assessment, the book discusses draft amendments to the Directive, proposed by the European Commission in September 2018.

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Pauline Melin

In The External Dimension of EU Social Security Coordination: Towards a Common EU Approach, Pauline Melin provides a detailed legal analysis of the framework on social security coordination with third countries and offers alternative policy solutions to the current fragmented approach.

The analysis comprises a complete overview of the EU approach to social security coordination with third countries, 9 bilateral agreements (between Belgium, Germany, and the Netherlands, with respectively India, Turkey, and USA) and international standards. Based on this analysis, the author explores the possibility from an institutional perspective to develop a common EU approach through the conclusion of EU agreements. The author concludes by favouring an alternative softer solution through an EU model agreement and proposes that the content of that model agreement be based on the best practices of the current framework.

General Principles of Law Recognized by Civilized Nations (1922-2018)

The Evolution of the Third Source of International Law Through the Jurisprudence of the Permanent Court of International Justice and the International Court of Justice

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Marija Đorđeska

In the General Principles of Law Recognized by Civilized Nations (1922-2018) Marija Đorđeska offers an account of the origins, theory and the practical application of the general principles in the jurisprudence of the Permanent Court of International Justice and International Court of Justice between 1922 and 2018. Are general principles rules of international law? What is their relationship to custom and treaties? What are the types of general principles and where do international courts find them? This monograph answers these and other questions concerning the general principles codified in Article 38(1)(c) of the Statute of the International Court of Justice, and offers and detailed overview of over 150 general principles ascertained in the international jurisprudence.

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Manuel Lomas

The development of the Spanish Navy in the early modern Mediterranean triggered a change in the balance of political and economic power for the coastal populations of the Hispanic Monarchy. The establishment of new permanent squadrons, endowed with very broad jurisdictional powers, was the cause of many conflicts with the local authorities and had a direct influence on the economic and production activities of the region. Manuel Lomas analyzes the progressive consolidation of these institutions in the sixteenth and seventeenth centuries, their influence on the mechanisms of justice and commerce, and how they contributed to the reconfiguration of the jurisdictional system that governed the maritime trade in the Mediterranean.

Law in West German Democracy

Seventy Years of History as Seen Through German Courts

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Hugh Ridley

Law in West German Democracy relates the history of the Federal Republic of Germany as seen through a series of significant trials conducted between 1947 and 2017, explaining how these trials came to take place, the legal issues which they raised, and their importance to the development of democracy in a country slowly emerging from a murderous and criminal régime. It thus illustrates the central issues of the new republic. If, as a Minister for Justice once remarked, crime can be seen as ‘the reverse image of any political system, the shadow cast by the social and economic structures of the day’, it is natural to use court cases to illuminate the eventful history of the Federal Republic’s first seventy years.

NATO Rules of Engagement

On ROE, Self-defence and the Use of Force during Armed Conflict

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Camilla Guldahl Cooper

In NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment.

Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.

The Practice of Independent Accountability Mechanisms (IAMs)

Towards Good Governance in Development Finance

Edited by Owen McIntyre and Suresh Nanwani