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This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints. The contributions span a wide range of national jurisdictions with examples from both the Global South and the Global North. In addition, the potentialities and limitations for climate change-related cases at the regional and international levels are addressed, ranging from regional human rights courts and United Nations Treaty Bodies to the International Court of Justice, the World Trade Organization, the International Criminal Court and international arbitration. The volume will be of interest to legal scholars and legal practitioners, policy makers as well as activists and all those who are seeking to achieve change for the better in this field.
In this comparative and analytical study, G. Matteo Vaccaro-Incisa offers the most comprehensive and detailed account of China's Treaty Policy and Practice in International Investment Law and Arbitration published to date. After outlining the evolution of China's macroeconomics and ideological stance toward foreign investment, the author analyzes the relationship between the model investment treaties China adopted over the time and those of other traditional key players in the field (Germany, UK, France, Italy, Netherlands). Most innovatively, by analytically surveying several key provisions (including ISDS, expropriation, MFN, NT, FET, FPS) of 120 International Investment Agreements concluded by China, this work manages to draw an objective assessment of the investment treaty policy and practice of a nation that has quickly become a leading importer and exporter of capital across the globe.
Author: Dante Fedele
Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400). A student of Bartolus de Sassoferrato, Baldus wrote both extensive commentaries on Roman, canon and feudal law and thousands of consilia originating from particular cases. His writings dealt with numerous issues related to sovereignty, territorial jurisdiction, diplomacy and war, combining a rich conspectus of earlier scholarship with highly creative ideas that exercised a profound influence on later juristic thought. The detailed picture of the international law doctrines elaborated by a prominent medieval jurist offered in this study contributes to our understanding of the intellectual archaeology of international law.

"Dr. Fedele’s monograph will no doubt become a necessary work of reference for any scholar interested in the history of international law. [...] Beyond the specific doctrines on particular areas of international law, Dr. Fedele’s study of Baldus shows how in the area of international governance, jurists sought to marshal different expressions of normativity." - Alain Wijffels, Foreword
Author: Felix Dasser
“Soft law” is a current buzzword and considered a panacea for all kinds of issues that arise in international commercial arbitration. Very little research has, however, been done on the dogmatic underpinnings of the concept and its actual legal relevance. This course follows the development of the so-called “soft law” from its origins in public international law to commercial arbitration, where it is used today as a label for various instruments and phenomena, covering both procedural aspects and the applicable substantive law: model laws, arbitration rules, guidelines, the UNIDROIT Principles, the lex mercatoria, and others.
It presents three particularly well-known sets of guidelines by the International Bar Association and discusses the pros and cons of “soft law” instruments and their potential normativity. The analysis suggests that “soft law” instruments are typically less well recognised in practice than is generally assumed. The author explains what such instruments can achieve and what minimum requirements they have to fulfil to at least aspire to some legitimacy. He argues ultimately that “soft law” instruments can be very useful tools, but they do not carry any normativity.
Author: Maciej Mikuła
In this volume, Maciej Mikuła analyses the extant texts of the Ius municipale Magdeburgense, the most important collection of Magdeburg Law in late medieval Poland. He discusses the different translation traditions of the collection; the application of Magdeburg Law in cities; how differences between the versions could affect the application of the rights; and how the invention of printing influenced the principle of legal certainty. Mikuła ultimately shows that the differences between the texts not only influenced legal practice, but also bear out how complex the process was of the adaptation of Magdeburg Law.
South Korea, Japan and the Search for a Peaceful Solution
In The Dokdo/Takeshima Dispute, Paul Huth, Sunwoong Kim, and Terence Roehrig have assembled some of the top scholars from Japan, South Korea, and the United States to provide a fresh and comprehensive look at one of the most long-running island disputes in East Asia. The book examines the dispute from multiple perspectives with chapters that provide a detailed and balanced assessment addressing issues in international law, history, foreign policy, domestic politics, the media, education, and the impact on relations with the United States. The book also provides analyses of why this dispute has persisted for decades and explores possible solutions that are relevant for other maritime disputes in the Asia-Pacific.