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Legal Remedies for the Protection of Cross-border Properties
The Polish dispute on an adequate approach towards the Białowieża Forest has been significantly internationalised, primarily by UNESCO and the European Union. The judgment of the CJEU has not settled the substance of the dispute, although it points to a violation of EU legal standards. The authors of The Disputed Białowieża Forest: Legal Remedies for the Protection of Cross-border Properties address the dispute in a constructive and interdisciplinary manner, rather than merely expressing concern towards in situ conservation, and derive universal legal remedies from it. They conclude that in the case of unique invaluable goods, adequate individual solutions should be applied in the form of a localised agreement, open to many entities (interested states, international organisations and even socially responsible private corporations), on the condition that organisational and financial co-responsibility are accepted.
Legal Remedies for the Protection of Cross-border Properties
The Polish dispute on an adequate approach towards the Białowieża Forest has been significantly internationalised, primarily by UNESCO and the European Union. The judgment of the CJEU has not settled the substance of the dispute, although it points to a violation of EU legal standards. The authors of The Disputed Białowieża Forest: Legal Remedies for the Protection of Cross-border Properties address the dispute in a constructive and interdisciplinary manner, rather than merely expressing concern towards in situ conservation, and derive universal legal remedies from it. They conclude that in the case of unique invaluable goods, adequate individual solutions should be applied in the form of a localised agreement, open to many entities (interested states, international organisations and even socially responsible private corporations), on the condition that organisational and financial co-responsibility are accepted.
Volume 17, 2019
The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific.
This Yearbook covers the period 1 January 2019 to 31 December 2019.
This Yearbook covers the period 1 January 2019 to 31 December 2019.
Volume 17, 2019
The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific.
This Yearbook covers the period 1 January 2019 to 31 December 2019.
This Yearbook covers the period 1 January 2019 to 31 December 2019.
Institutions and Dispute Settlement
Volume Editor:
Laura Wanner
With the conclusion of the Uruguay Round, the World Trade Organization was established as a fully-fledged international organization including a comprehensive dispute settlement system which has, however, recently been challenged.
This commentary on the Agreement Establishing the WTO, the Dispute Settlement Understanding and the Trade Review Policy Mechanism offers a comprehensive overview of the legislative history, interpretation, practical application and challenges to the institutional system of the WTO. This volume brings together contributions by distinguished scholars and practitioners and aims at giving guidance to all interested in the WTO institutional arrangements and dispute settlement system.
This commentary on the Agreement Establishing the WTO, the Dispute Settlement Understanding and the Trade Review Policy Mechanism offers a comprehensive overview of the legislative history, interpretation, practical application and challenges to the institutional system of the WTO. This volume brings together contributions by distinguished scholars and practitioners and aims at giving guidance to all interested in the WTO institutional arrangements and dispute settlement system.
Institutions and Dispute Settlement
Volume Editor:
Laura Wanner
With the conclusion of the Uruguay Round, the World Trade Organization was established as a fully-fledged international organization including a comprehensive dispute settlement system which has, however, recently been challenged.
This commentary on the Agreement Establishing the WTO, the Dispute Settlement Understanding and the Trade Review Policy Mechanism offers a comprehensive overview of the legislative history, interpretation, practical application and challenges to the institutional system of the WTO. This volume brings together contributions by distinguished scholars and practitioners and aims at giving guidance to all interested in the WTO institutional arrangements and dispute settlement system.
This commentary on the Agreement Establishing the WTO, the Dispute Settlement Understanding and the Trade Review Policy Mechanism offers a comprehensive overview of the legislative history, interpretation, practical application and challenges to the institutional system of the WTO. This volume brings together contributions by distinguished scholars and practitioners and aims at giving guidance to all interested in the WTO institutional arrangements and dispute settlement system.
The Chinese and Comparative Law Series is a refereed scholarly series dedicated to the publication of studies of Chinese law in English, including works solely on Chinese law or Chinese law in a comparative legal context. The series also welcomes edited volumes. It aims for critical analyses of Chinese law in a broad sense and the presentation of legal developments in China to an international audience of lawyers and non-lawyers. It welcomes studies in all areas of law and studies of an interdisciplinary nature. Titles in the Chinese and Comparative Law series will be of particular interest to the international community of academics and practising lawyers, policy makers, national and international governmental and non-governmental organisations, and others interested in the study of comparative law.
Volume 39 (2021)
Launched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication.
The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.
It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.
It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. This special issue of the Australian Year Book of International Law is a collection of essays providing commentary on how international law relates to the different dimensions of situations unfolding around us. Written during school shut-downs, campus closure, border restrictions, rising global infection rates and ongoing uncertainty as to what would happen next, they are also valuable reflections in a time of great crisis: fitting perhaps for a discipline famously critiqued by Hilary Charlesworth as one of crisis, rather than situated in the everyday. At root, this collection go some way in analysing and answering the question of how, exactly, COVID-19 will impact on international law more generally.
The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.
It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.
It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. This special issue of the Australian Year Book of International Law is a collection of essays providing commentary on how international law relates to the different dimensions of situations unfolding around us. Written during school shut-downs, campus closure, border restrictions, rising global infection rates and ongoing uncertainty as to what would happen next, they are also valuable reflections in a time of great crisis: fitting perhaps for a discipline famously critiqued by Hilary Charlesworth as one of crisis, rather than situated in the everyday. At root, this collection go some way in analysing and answering the question of how, exactly, COVID-19 will impact on international law more generally.
Volume 39 (2021)
Launched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication.
The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.
It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.
It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. This special issue of the Australian Year Book of International Law is a collection of essays providing commentary on how international law relates to the different dimensions of situations unfolding around us. Written during school shut-downs, campus closure, border restrictions, rising global infection rates and ongoing uncertainty as to what would happen next, they are also valuable reflections in a time of great crisis: fitting perhaps for a discipline famously critiqued by Hilary Charlesworth as one of crisis, rather than situated in the everyday. At root, this collection go some way in analysing and answering the question of how, exactly, COVID-19 will impact on international law more generally.
The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.
It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.
It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. This special issue of the Australian Year Book of International Law is a collection of essays providing commentary on how international law relates to the different dimensions of situations unfolding around us. Written during school shut-downs, campus closure, border restrictions, rising global infection rates and ongoing uncertainty as to what would happen next, they are also valuable reflections in a time of great crisis: fitting perhaps for a discipline famously critiqued by Hilary Charlesworth as one of crisis, rather than situated in the everyday. At root, this collection go some way in analysing and answering the question of how, exactly, COVID-19 will impact on international law more generally.
Integrating an Adaptive Approach with a Rights-Based Approach to Climate Change Mobility
As global climate change continues to alter the environment, humans are moving. In this context, human mobility can be an empowered adaptation strategy or an unwelcome necessity for survival with a high cost. Existing legal frameworks provide only a patchwork of protection for some climate change mobility scenarios. In Humans on the Move, Grant Dawson and Rachel Laut investigate the development of an adaptive approach to climate change mobility and explore how transformational adaptation strategies can—and must—be integrated with a rights-based approach.
Integrating an Adaptive Approach with a Rights-Based Approach to Climate Change Mobility
As global climate change continues to alter the environment, humans are moving. In this context, human mobility can be an empowered adaptation strategy or an unwelcome necessity for survival with a high cost. Existing legal frameworks provide only a patchwork of protection for some climate change mobility scenarios. In Humans on the Move, Grant Dawson and Rachel Laut investigate the development of an adaptive approach to climate change mobility and explore how transformational adaptation strategies can—and must—be integrated with a rights-based approach.
Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea is the first title to provide a comprehensive and detailed analysis on these themes in English, examines Japan’s domestic laws and its approach to international law. The topics covered include Japan’s claim over its maritime entitlement, policies on the use of force at sea, and the mandates of the Self-Defense Force and the Japan Coast Guard to use coercive measures in maritime zones and airspace, both in peacetime and in times of emergency.
Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea is the first title to provide a comprehensive and detailed analysis on these themes in English, examines Japan’s domestic laws and its approach to international law. The topics covered include Japan’s claim over its maritime entitlement, policies on the use of force at sea, and the mandates of the Self-Defense Force and the Japan Coast Guard to use coercive measures in maritime zones and airspace, both in peacetime and in times of emergency.
Editor:
Dr Nimer Sultany
Under the editorship of Nimer Sultany, the peer-reviewed Volume 22 of the Palestine Yearbook of International Law includes articles on: international law and Palestinian liberation; minority protections in international law; systemic economic harm under Israeli occupation; apartheid and restrictions of movement in the West Bank; restrictions on pro-Palestinian speech and activism in Germany; as well as book review essays. The Yearbook is an unparalleled reference work of general international law, in particular as related to Palestine and the Palestinian people. Published in cooperation with the Birzeit University Institute of Law, the Yearbook is a valuable resource for anyone seeking well-researched and timely information about Palestine and critical approaches to international law. Contributors include Ralph Wilde, Sally Shammas, Shahd Hammouri, Costanza Ferrando, Nadija Samour, Ahmed Abed, John Reynolds, and Ata Hindi. Please click here for the online version including the abstracts of the articles of The Palestine Yearbook of International Law.
Editor:
Dr Nimer Sultany
Under the editorship of Nimer Sultany, the peer-reviewed Volume 22 of the Palestine Yearbook of International Law includes articles on: international law and Palestinian liberation; minority protections in international law; systemic economic harm under Israeli occupation; apartheid and restrictions of movement in the West Bank; restrictions on pro-Palestinian speech and activism in Germany; as well as book review essays. The Yearbook is an unparalleled reference work of general international law, in particular as related to Palestine and the Palestinian people. Published in cooperation with the Birzeit University Institute of Law, the Yearbook is a valuable resource for anyone seeking well-researched and timely information about Palestine and critical approaches to international law. Contributors include Ralph Wilde, Sally Shammas, Shahd Hammouri, Costanza Ferrando, Nadija Samour, Ahmed Abed, John Reynolds, and Ata Hindi. Please click here for the online version including the abstracts of the articles of The Palestine Yearbook of International Law.
Editor:
Giuseppe Nesi
Associate Editor:
Daniele Amoroso
Volume XXX of The Italian Yearbook of International Law opens with a contribution tracing the history of the Yearbook, on the occasion of the publication of its Thirtieth Anniversary Volume. It then hosts a Symposium on cities and international law. The Symposium addresses: i) the legal status of cities under international law; ii) cities and cultural heritage law; iii) cities and sustainable development; iv) cities and climate change; v) cities and the human right to adequate housing; vi) cities and international investment law; vii) an international law perspective on cities and countryside. There follows a Focus section on the Enrica Lexie (Italy v. India) arbitral award, with contributions zooming in on i) law of the sea issues arising from the award; ii) the exercise of jurisdiction on incidental questions by the Arbitral Tribunal; iii) the functional immunity of the Italian marines. The Volume further contains articles on the election of judges and prosecutors of the International Criminal Court; the case law of the European Court of Human Rights on the measures of confiscation related to the commission of serious crimes; the maritime delimitation agreement between Italy and Greece. As in every volume the following sections feature Practice of International Courts and Tribunals and Italian Practice Relating to International Law. The remaining part of the Volume contains a bibliographical index of Italian contributions to international law scholarship published in 2020, a book review section, and an analytical index for easy consultation and reference to materials cited in the Yearbook. Published with the contributions of ENI and Tenaris.
Editor:
Giuseppe Nesi
Volume XXX of The Italian Yearbook of International Law opens with a contribution tracing the history of the Yearbook, on the occasion of the publication of its Thirtieth Anniversary Volume. It then hosts a Symposium on cities and international law. The Symposium addresses: i) the legal status of cities under international law; ii) cities and cultural heritage law; iii) cities and sustainable development; iv) cities and climate change; v) cities and the human right to adequate housing; vi) cities and international investment law; vii) an international law perspective on cities and countryside. There follows a Focus section on the Enrica Lexie (Italy v. India) arbitral award, with contributions zooming in on i) law of the sea issues arising from the award; ii) the exercise of jurisdiction on incidental questions by the Arbitral Tribunal; iii) the functional immunity of the Italian marines. The Volume further contains articles on the election of judges and prosecutors of the International Criminal Court; the case law of the European Court of Human Rights on the measures of confiscation related to the commission of serious crimes; the maritime delimitation agreement between Italy and Greece. As in every volume the following sections feature Practice of International Courts and Tribunals and Italian Practice Relating to International Law. The remaining part of the Volume contains a bibliographical index of Italian contributions to international law scholarship published in 2020, a book review section, and an analytical index for easy consultation and reference to materials cited in the Yearbook. Published with the contributions of ENI and Tenaris.
Editor:
Seokwoo Lee
The Encyclopedia is also available online.
Incorporating the work of numerous leading scholars, the Encyclopedia of Public International Law in Asia provides a detailed description of the practice and implementation of international law in various Asian states. The Encyclopedia covers the introduction of Western international law and the resulting shift from the older Asian order; the development of modern international law; and the impact that all of this has had on Asian states.
Offered online and in print as three geographically-organized volumes – Northeast Asia, Southeast Asia, and Central and South Asia – this reference work provides valuable information for all those interested in the historical development, implementation, and application of international law in Asia. Although there is general acknowledgement of the great variety of cultures among Asian countries, strong themes of familiarity, mutual understanding, coherence, and solidarity persists among them as a result of the numerous mutual cultural and religious contacts and interconnections that developed over the course of centuries. This examination of international law and its application in Asia reveals the shared history of the continent, as well as its unique development in each Asian state.
Each jurisdiction included in the Encyclopedia follows a standard structure for the broadest comparative advantage and starts with a Country Snapshot (Date of Independence, Date of Admission to the United Nations, Geographical Size, Population, Demographic Information, Form of Government, System of Law), followed by a State Report Overview (Executive summary of state report, Key highlights of unique state practice).
Coverage of the jurisdictions include the following items/chapters (where applicable):
THE STATE IN INTERNATIONAL LAW
History and Theoretical Approach of [The State] in International Law
Statehood & Sovereignty
Territory & Jurisdiction
Sovereign/State Immunity
State Responsibility
Relationship between International & Domestic Law
INSTITUTIONAL RELATIONS
Treaties
Diplomatic & Consular Relations
International & Regional Organisations
Individuals & Non-State Actors
International Relations & Cooperation
Settlement of Disputes
PARTICULAR INTERNATIONAL LAW SUBJECTS
International Economic Law
International Environmental Law
Law of the Sea
Air Law & Law of Outer Space
Human Rights
International Humanitarian Law
International Criminal Law
Use or Threat of Force
Incorporating the work of numerous leading scholars, the Encyclopedia of Public International Law in Asia provides a detailed description of the practice and implementation of international law in various Asian states. The Encyclopedia covers the introduction of Western international law and the resulting shift from the older Asian order; the development of modern international law; and the impact that all of this has had on Asian states.
Offered online and in print as three geographically-organized volumes – Northeast Asia, Southeast Asia, and Central and South Asia – this reference work provides valuable information for all those interested in the historical development, implementation, and application of international law in Asia. Although there is general acknowledgement of the great variety of cultures among Asian countries, strong themes of familiarity, mutual understanding, coherence, and solidarity persists among them as a result of the numerous mutual cultural and religious contacts and interconnections that developed over the course of centuries. This examination of international law and its application in Asia reveals the shared history of the continent, as well as its unique development in each Asian state.
Each jurisdiction included in the Encyclopedia follows a standard structure for the broadest comparative advantage and starts with a Country Snapshot (Date of Independence, Date of Admission to the United Nations, Geographical Size, Population, Demographic Information, Form of Government, System of Law), followed by a State Report Overview (Executive summary of state report, Key highlights of unique state practice).
Coverage of the jurisdictions include the following items/chapters (where applicable):
THE STATE IN INTERNATIONAL LAW
History and Theoretical Approach of [The State] in International Law
Statehood & Sovereignty
Territory & Jurisdiction
Sovereign/State Immunity
State Responsibility
Relationship between International & Domestic Law
INSTITUTIONAL RELATIONS
Treaties
Diplomatic & Consular Relations
International & Regional Organisations
Individuals & Non-State Actors
International Relations & Cooperation
Settlement of Disputes
PARTICULAR INTERNATIONAL LAW SUBJECTS
International Economic Law
International Environmental Law
Law of the Sea
Air Law & Law of Outer Space
Human Rights
International Humanitarian Law
International Criminal Law
Use or Threat of Force
Editor:
Seokwoo Lee
The Encyclopedia is also available online.
Incorporating the work of numerous leading scholars, the Encyclopedia of Public International Law in Asia provides a detailed description of the practice and implementation of international law in various Asian states. The Encyclopedia covers the introduction of Western international law and the resulting shift from the older Asian order; the development of modern international law; and the impact that all of this has had on Asian states.
Offered online and in print as three geographically-organized volumes – Northeast Asia, Southeast Asia, and Central and South Asia – this reference work provides valuable information for all those interested in the historical development, implementation, and application of international law in Asia. Although there is general acknowledgement of the great variety of cultures among Asian countries, strong themes of familiarity, mutual understanding, coherence, and solidarity persists among them as a result of the numerous mutual cultural and religious contacts and interconnections that developed over the course of centuries. This examination of international law and its application in Asia reveals the shared history of the continent, as well as its unique development in each Asian state.
Each jurisdiction included in the Encyclopedia follows a standard structure for the broadest comparative advantage and starts with a Country Snapshot (Date of Independence, Date of Admission to the United Nations, Geographical Size, Population, Demographic Information, Form of Government, System of Law), followed by a State Report Overview (Executive summary of state report, Key highlights of unique state practice).
Coverage of the jurisdictions include the following items/chapters (where applicable):
THE STATE IN INTERNATIONAL LAW
History and Theoretical Approach of [The State] in International Law
Statehood & Sovereignty
Territory & Jurisdiction
Sovereign/State Immunity
State Responsibility
Relationship between International & Domestic Law
INSTITUTIONAL RELATIONS
Treaties
Diplomatic & Consular Relations
International & Regional Organisations
Individuals & Non-State Actors
International Relations & Cooperation
Settlement of Disputes
PARTICULAR INTERNATIONAL LAW SUBJECTS
International Economic Law
International Environmental Law
Law of the Sea
Air Law & Law of Outer Space
Human Rights
International Humanitarian Law
International Criminal Law
Use or Threat of Force
Incorporating the work of numerous leading scholars, the Encyclopedia of Public International Law in Asia provides a detailed description of the practice and implementation of international law in various Asian states. The Encyclopedia covers the introduction of Western international law and the resulting shift from the older Asian order; the development of modern international law; and the impact that all of this has had on Asian states.
Offered online and in print as three geographically-organized volumes – Northeast Asia, Southeast Asia, and Central and South Asia – this reference work provides valuable information for all those interested in the historical development, implementation, and application of international law in Asia. Although there is general acknowledgement of the great variety of cultures among Asian countries, strong themes of familiarity, mutual understanding, coherence, and solidarity persists among them as a result of the numerous mutual cultural and religious contacts and interconnections that developed over the course of centuries. This examination of international law and its application in Asia reveals the shared history of the continent, as well as its unique development in each Asian state.
Each jurisdiction included in the Encyclopedia follows a standard structure for the broadest comparative advantage and starts with a Country Snapshot (Date of Independence, Date of Admission to the United Nations, Geographical Size, Population, Demographic Information, Form of Government, System of Law), followed by a State Report Overview (Executive summary of state report, Key highlights of unique state practice).
Coverage of the jurisdictions include the following items/chapters (where applicable):
THE STATE IN INTERNATIONAL LAW
History and Theoretical Approach of [The State] in International Law
Statehood & Sovereignty
Territory & Jurisdiction
Sovereign/State Immunity
State Responsibility
Relationship between International & Domestic Law
INSTITUTIONAL RELATIONS
Treaties
Diplomatic & Consular Relations
International & Regional Organisations
Individuals & Non-State Actors
International Relations & Cooperation
Settlement of Disputes
PARTICULAR INTERNATIONAL LAW SUBJECTS
International Economic Law
International Environmental Law
Law of the Sea
Air Law & Law of Outer Space
Human Rights
International Humanitarian Law
International Criminal Law
Use or Threat of Force