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Family Law in Britain and America in the New Century

Essays in Honor of Sanford N. Katz

Edited by John Eekelaar

In Family Law in Britain and America in the New Century: Essays in Honor of Sanford N. Katz nineteen leading family law scholars in the US and Britain pay tribute to Sanford Katz, Darald and Juliet Libby Millennium Professor Emeritus and Professor of Law, Boston College Law School by giving a critical account of developments in family law in their jurisdictions since 2000. Areas covered include the institution of marriage, financial and property issues, parents and children, the state and children, access to justice, and international issues as well as an overview by the Editor. The volume will provide a stimulating and accessible account of the state and current direction of travel of family law in those countries.

The State Practice of India and the Development of International Law

Dynamic Interplay between Foreign Policy and Jurisprudence

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Bimal N. Patel

The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law. Providing insight into the historical evolution of Indian state practice from pre-1945 period through the 21st century, the work meticulously and systematically examines the interpretation and execution of international law by national legislative executive and judicial organs individually as well as collectively. The author demonstrates India’s ambitions as a rising global power and emerging role in shaping international affairs, and convincingly argues how India will continue to resist and prevent consolidation of Euro-American centric influence of international law in areas of her political, economic and culture influence.

Reforming the Common European Asylum System

The New European Refugee Law

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Edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani

This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union.

This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.

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Willem van Eekelen

This volume is an updated and expanded version of the author’s original book, first published by Martinus Nijhoff Publishers and based on his cum laude doctoral dissertation. That volume discussed how the Five Principles of Peaceful Coexistence drowned in the first war between a communist and a non-aligned state. This new edition reproduces the original text, but supplements it considerably in light of subsequent developments and official records and reports only later released or leaked to the public. It places Sino-Indian relations in the wider, current context of the rise of China, the position of Tibet and the disorganised state of Asia. The border dispute did not prevent substantial economic relations developing between the two countries and visits taking place at the highest political level. But it still gives rise to almost daily incursions, and in the current climate, the risk of a clash is growing, as forces have been strengthened and most of the Line of Actual Control has not been demarcated. This thought-provoking volume sheds light on what is still a complex and uneasy relationship.

The Inter-American Human Rights System as a Safeguard for Justice in National Transitions

From Amnesty Laws to Accountability in Argentina, Chile and Peru

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Annelen Micus

In The Inter-American Human Rights System as a Safeguard for Justice in National Transitions, Annelen Micus analyzes the importance of the Inter-American Human Rights System for transitional justice processes in Latin America, with a focus on Argentina, Chile and Peru. She examines which factors influence a country’s approach in confronting its past and addressing impunity. The emphasis is placed on the way countries may overcome amnesty laws with the support of international law in order to hold perpetrators of grave human rights violations to account. The book’s main focus is on the Inter-American Court of Human Rights, and the impact of its jurisprudence on legal proceedings and political decisions within the national transitional justice processes in the three countries.

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Anatole Boute

Electricity supply plays a strategic role for Russia’s economic development and for social peace. As a main consumer of natural gas, electricity is also of central importance for the efficient management of Russia’s energy resource basis. Today, however, the electricity sector is in an obsolete condition. Investments are needed in the modernization of the infrastructure. This book analyzes the liberalization and privatization program that Russia is implementing to attract private investments in this modernization process. Taking a comparative approach, this analysis critically assesses Russian electricity law in the light of the European liberalization experience. Given the strategic importance of electricity, investors face significant risks of government intervention. This book identifies these regulatory risks and examines investment protection mechanisms under Russia’s national and international investment obligations.

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Kamal-Deen Ali

In Maritime Security Cooperation in the Guinea: Prospects and Challenges, Kamal-Deen Ali provides ground-breaking analyses of the maritime security situation in the Gulf of Guinea and its implications for shipping, energy security, sustainable fisheries as well as national and regional security. The book juxtaposes the growing strategic importance of the Gulf of Guinea against the rising insecurity in the maritime domain, especially from piracy. Ali points out key gaps in prevailing regional and international approaches to maritime security cooperation in the Gulf of Guinea and sets out several suggestions for combating piracy as well as other maritime security threats while effectively enhancing maritime security cooperation in the region.

Seeking Asylum in the European Union

Selected Protection Issues Raised by the Second Phase of the Common European Asylum System

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Edited by Céline Bauloz, Meltem Ineli-Ciger, Sarah Singer and Vladislava Stoyanova

Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States.

With a foreword by Professor Hélène Lambert.

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Juan José Quintana

Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation. Quintana's approach is primarily empirical and emphasis is put on examples derived from actual practice. This book is mainly intended to help practitioners and advisors to governments engaged in actual cases and deliberately avoids theoretical discussions, favoring a pragmatic stance that is focused not so much on what authors have to say on any given topic concerning procedure, but rather on presenting, directly “from the Court’s mouth,” as it were, what ICJ judges actually have done and said over the last ninety years concerning such questions.

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Phil C.W. Chan

China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.