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Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to stablecoins, crypto-assets, crypto derivatives, Central Bank Digital Currencies, and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH).
Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to stablecoins, crypto-assets, crypto derivatives, Central Bank Digital Currencies, and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH).
New Thinking from Latin America and the Caribbean
Advancing sustainable development and democracy are the underlying purposes linking the landmark Escazú Agreement with the American Convention on Human Rights. Exploring both these treaties and the relevant regional jurisprudence, this monograph provides the first analysis of the ground-breaking environmental human rights law being developed in Latin America and the Caribbean. The key feature of the regional law is the priority it gives to equality and non-discrimination for vulnerable persons and groups, environmental defenders, local communities and indigenous peoples. This book brings practitioners and academics up to date with the legal tools for protecting people and planet.
New Thinking from Latin America and the Caribbean
Advancing sustainable development and democracy are the underlying purposes linking the landmark Escazú Agreement with the American Convention on Human Rights. Exploring both these treaties and the relevant regional jurisprudence, this monograph provides the first analysis of the ground-breaking environmental human rights law being developed in Latin America and the Caribbean. The key feature of the regional law is the priority it gives to equality and non-discrimination for vulnerable persons and groups, environmental defenders, local communities and indigenous peoples. This book brings practitioners and academics up to date with the legal tools for protecting people and planet.
Founding Editor:
The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague.
In this volume, several articles focus on the questions of international legal personality, the legal rights and duties of individuals in certain specialised international legal regimes and their procedures, and the use and abuse of international law in the EU legal order.
In this volume, several articles focus on the questions of international legal personality, the legal rights and duties of individuals in certain specialised international legal regimes and their procedures, and the use and abuse of international law in the EU legal order.
The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague.
In this volume, several articles focus on the questions of international legal personality, the legal rights and duties of individuals in certain specialised international legal regimes and their procedures, and the use and abuse of international law in the EU legal order.
In this volume, several articles focus on the questions of international legal personality, the legal rights and duties of individuals in certain specialised international legal regimes and their procedures, and the use and abuse of international law in the EU legal order.
If war is an intemporal reality of mankind, the ways and means it is conducted have nonetheless evolved through times thanks to new technologies and innovative military strategies. For the most part however, they have not challenged the ethical rules of warfare. But, are they keeping pace with the current technological evolutions and societal values? Indeed, the rapid rise in the use of automated weapons, the growing popularity of remotely controlled weapons, the development in soldiers’ enhancement technologies, of hybrid warfare and the impact of woman-man equality are all posing tremendous moral challenges affecting the traditional warrior ethos, the justification of killing and criminal responsibility. Based upon a selection of presentations made at the 2022 annual conference of the International society for Military Ethics in Europe (Euroisme), this book contains a variety of reflections about these questions.
If war is an intemporal reality of mankind, the ways and means it is conducted have nonetheless evolved through times thanks to new technologies and innovative military strategies. For the most part however, they have not challenged the ethical rules of warfare. But, are they keeping pace with the current technological evolutions and societal values? Indeed, the rapid rise in the use of automated weapons, the growing popularity of remotely controlled weapons, the development in soldiers’ enhancement technologies, of hybrid warfare and the impact of woman-man equality are all posing tremendous moral challenges affecting the traditional warrior ethos, the justification of killing and criminal responsibility. Based upon a selection of presentations made at the 2022 annual conference of the International society for Military Ethics in Europe (Euroisme), this book contains a variety of reflections about these questions.
This book brings together prominent scholars in the fields of international cultural heritage law and heritage studies to scrutinise the various branches of international law and governance dealing with heritage destruction from human rights perspectives, both in times of armed conflict as well as in peace. Importantly, it also examines cases of heritage destruction that may not be intentional, but rather the consequence of large-scale infrastructural development or resource extraction. Chapters deal with high profile cases from Europe, North Africa, The Middle East, Latin America and the Caribbean, with a substantial afterword on heritage destruction in Ukraine.
This book brings together prominent scholars in the fields of international cultural heritage law and heritage studies to scrutinise the various branches of international law and governance dealing with heritage destruction from human rights perspectives, both in times of armed conflict as well as in peace. Importantly, it also examines cases of heritage destruction that may not be intentional, but rather the consequence of large-scale infrastructural development or resource extraction. Chapters deal with high profile cases from Europe, North Africa, The Middle East, Latin America and the Caribbean, with a substantial afterword on heritage destruction in Ukraine.
The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe.
Part I contains scholarly articles on the Covid-19 pandemic an Ukraine, focusing on the minority language issue, which remains one of the constant challenges to minority protection.
Part II contains reports on national and international developments.
Part III features book reviews introducing and critiquing new, relevant literature within the disciplines of the social sciences, humanities and law.
Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.
The European Yearbook of Minority Issues is also available online.
Part I contains scholarly articles on the Covid-19 pandemic an Ukraine, focusing on the minority language issue, which remains one of the constant challenges to minority protection.
Part II contains reports on national and international developments.
Part III features book reviews introducing and critiquing new, relevant literature within the disciplines of the social sciences, humanities and law.
Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.
The European Yearbook of Minority Issues is also available online.
The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe.
Part I contains scholarly articles on the Covid-19 pandemic an Ukraine, focusing on the minority language issue, which remains one of the constant challenges to minority protection.
Part II contains reports on national and international developments.
Part III features book reviews introducing and critiquing new, relevant literature within the disciplines of the social sciences, humanities and law.
Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.
The European Yearbook of Minority Issues is also available online.
Part I contains scholarly articles on the Covid-19 pandemic an Ukraine, focusing on the minority language issue, which remains one of the constant challenges to minority protection.
Part II contains reports on national and international developments.
Part III features book reviews introducing and critiquing new, relevant literature within the disciplines of the social sciences, humanities and law.
Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.
The European Yearbook of Minority Issues is also available online.
From International Law to Geopolitics.
China claims Taiwan as a renegade province. While saying it prefers peaceful unification, it has consistently refused to renounce the use of force to incorporate the democratic island. Increasingly, Taiwan has become a potential flash point for military conflict between China and the United States. After exploring the historical roots of the Taiwan question, The State of Taiwan offers an in-depth analysis of the international legal status of Taiwan. An extensive epilogue throws the bridge between the international legal findings and geopolitics, and outlines the strategy the world’s democracies should adopt in light of those findings.
From International Law to Geopolitics.
China claims Taiwan as a renegade province. While saying it prefers peaceful unification, it has consistently refused to renounce the use of force to incorporate the democratic island. Increasingly, Taiwan has become a potential flash point for military conflict between China and the United States. After exploring the historical roots of the Taiwan question, The State of Taiwan offers an in-depth analysis of the international legal status of Taiwan. An extensive epilogue throws the bridge between the international legal findings and geopolitics, and outlines the strategy the world’s democracies should adopt in light of those findings.
Perspectives from National, European and International Law
Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.
Perspectives from National, European and International Law
Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.