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Developments in the Definition of Islands under the International Law of the Sea
Author: Clive Schofield
Religious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian. The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.
Author: 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.
Author: Scott Blakemore
Scholars are seeking to identify how to constructively integrate faith into diplomacy. Proponents of faith-based diplomacy recognise that incorporating faith into peacemaking activities assists in managing identity-based conflict and religiously motivated violence in the contemporary international system. A promising strategy within the scope of faith-based diplomacy is interfaith dialogue. The study and practice of interfaith dialogue has been reinvigorated since the advent of 9/11, and yet the link between interfaith dialogue and diplomacy remains underdeveloped. The cases of Indonesia and the United States present lessons on how states can effectively use interfaith dialogue to achieve policy objectives, while recognising that some policies are detrimental to achieving diplomatic goals. This paper seeks to provide some framework for bringing interfaith dialogue into the scope of diplomacy by illuminating how faith-based diplomacy and interfaith dialogue can be innovative diplomatic perspectives useful in addressing contemporary global issues.
Report of the International Law Association Committee on International Law and Sea Level Rise
This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise.
Reports of the International Law Association Committee on Baselines under the International Law of the Sea
Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.
Although the International Law Association (ILA) was established in 1873, it only turned its attention to the internationally shared water resources in 1954, when its half-century study of the applicable principles and rules of international law thereon began. The first ILA committee assigned to this task was the Rivers Committee, which, after a decade of intensive study and through several resolutions and statements, arrived unanimously at a set of articles reflecting customary international law, known as the Helsinki Rules on the Uses of the Waters of International Rivers.
The Helsinki Rules, approved at the ILA 1966 Helsinki Conference, were soon widely accepted across the Globe as a non-binding authoritative source of international water law. This monograph traces the work of the ILA leading to the Helsinki Rules, analyses the Rules, and identifies their influence on and contribution to the evolution of international water law.
Author: Olga Krasnyak
In The Organisation of the Anthropocene, J. E. Viñuales explores the legal dimensions of the currently advocated new geological epoch called the Anthropocene, in which humans are the defining force. He examines in this context two basic propositions. First, law as a technology of social organisation has been neglected in the otherwise highly technology-focused accounts by natural and social scientists of the drivers of the Anthropocene. Secondly, in those rare instances where law has been discussed, there is a tendency to assume that the role of law is to tackle the negative externalities of transactions (e.g. their environmental or social implications) rather than the core of the underlying transactions, i.e. the organisation of production and consumption processes. Such focus on externalities fails to unveil the role of law in prompting, sustaining and potentially managing the processes that have led to the Anthropocene.
Relevance and Application of the UN Watercourses and the UNECE Water Conventions
This work, Shared Water Resources in West Africa: Relevance and Application of the UN Watercourses and UNECE Water Conventions, addresses the question of whether riparian states in West Africa need to be parties to both the UN Watercourses Convention and the UNECE Water Convention, both of which have influenced current water regimes in the region. The initial transboundary water instruments in the region dealt primarily with navigation, later agreements addressed the need for cooperation, while recent regimes incorporate other principles of international water law articulated in the UN water treaties
Although only six out of its numerous shared watercourses are currently regulated by legal instruments, West Africa contributed through these agreements to the development of international water prior to the adoption of the UN Watercourses and the UNECE Water Conventions in the 1990s.