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Advocating Social Change through International Law

Exploring the Choice between Hard and Soft International Law

Edited by Daniel Bradlow and David Hunter

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.

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Edited by Giulio Bartolini, Dug Cubie, Marlies Hesselman and Jacqueline Peel

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

Access, Benefit-sharing and Conservation in Indigenous Lands

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Federica Cittadino

Notification concerning Planned Measures on Shared Watercourses

Synergies between the Watercourses Convention and the World Bank Policies and Practice

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Salman M.A. Salman

Notification of co-riparian states of planned measures on shared watercourses has been widely accepted as an established principle of international water law, and is codified and elaborated in the United Nations Watercourses Convention. However, despite this wide acceptance, differences have arisen on operationalizing notification, including on which riparians are required to undertake notification, and which riparians are entitled to it. Issues have also arisen on how to deal with the different types of responses that may ensue following notification. The World Bank has been financing projects on international watercourses since its inception in 1946, and has built an extensive wealth of policies and experience in this field. This monograph discusses the historical and legal foundations of notification under international law, analyzes the policies and implementation experience of the World Bank thereon, and identifies comparators and synergies between the provisions of the Watercourses Convention and the Bank policies and practice.

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Edited by Gudmundur Alfredsson and Timo Koivurova

The Yearbook of Polar Law is based at the Faculty of Social Sciences and Law at the University of Akureyri in Iceland and the Arctic Centre of the University of Lapland, Finland and covers a wide variety of topics relating to the Arctic and the Antarctic. These include:
- human rights issues, such as autonomy and self-government vs. self-determination, the rights of indigenous peoples to land and natural resources and cultural rights and cultural heritage, indigenous traditional knowledge,
- local, national, regional and international governance issues,
- environmental law, climate change, security and environment implications of climate change, protected areas and species,
- regulatory, governance and management agreements and arrangements for marine environments, marine mammals, fisheries conservation and other biological/mineral/oil resources,
- law of the sea, the retreating sea ice, continental shelf claims,
- territorial claims and border disputes on both land and at sea,
- peace and security, dispute settlement,
- jurisdictional and other issues with regard to the exploration, exploitation and shipping of oil, gas and minerals, bio prospecting,
- trade law, potential shipping lines through the northwest and northeast passages, maritime law and transportation law, and
- the roles and actual involvement of international organisations in the Polar Regions, such as the Arctic Council, the Antarctic Treaty System, the European Union, the International Whaling Commission, the Nordic Council, the North Atlantic Treaty Organization, and the United Nations, as well as NGOs.

The papers in this volume are based on presentations at the 10th Polar Law Symposium, held in Rovaniemi in November 2017.

The Right to Development

Sustainable Development and the Practice of Good Governance

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Edited by Wei Zhang

In The Right to Development authors offer a new path for the implementation and protection of the right to development from the new perspective of the 2030 Agenda for Sustainable Development.
Instead of emphasizing the economic perspective, this book focuses on how to realize the right to sustainable development by resolution of conflicts among the economy, the environment and society.
Integrating the value analysis into the empirical analysis method, this book expands the scope of the United Nations Declaration on the Right to Development and strengthens its practical function, extracts Chinese experiences, lessons from South Asia, local knowledge in South Africa and practice in Peru on the implementation of the right to development, and puts forward the idea of building human rights criteria in the South.

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Maria A. Gwynn

In Adapting Watercourse Agreements to Developments in International Law: The Case of the Itaipu Treaty Maria A. Gwynn offers an account of the need to align watercourses agreements to the current standards and principles of international law, thereby increasing prospects for achieving sustainable development. As a case study, the author focuses on the most important hydroelectrical energy treaty in the South American region and astutely explores its implementation together with states’ practices regarding the non-navigational uses of watercourses and their commitments to environmental protection. The analysis offers a unique opportunity to assess the value of the UN Watercourses Convention in recommending states adapt their agreements to the provisions of the convention promoting equitable and reasonable uses of watercourses; an interest not only for the treaty partners but also for river basin states and the international community as a whole.

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Pirjo Kleemola-Juntunen

The Åland Strait is a particularly important sea route connecting the Gulf of Bothnia with the Baltic Sea between Sweden and the Åland Islands. The Åland Strait is closely connected to the Åland Islands, which were demilitarised in the international legal treaty ending the Crimean War in the 1850s. Following World War I, the Åland Strait was also regulated by the 1921 Convention relating to the Non-fortification of and Neutralisation of the Åland Islands. This book is the first to examine passage rights in the Åland Strait according to the Law of the Sea and its long history in times of war and peace.