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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

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Catherine Harwood

In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order.
The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.

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Edited by Dawn L. Rothe and Victoria E. Collins

This volume is in honor of William J. Chambliss who has influenced and provided a foundation for new directions and approaches in sociology, criminology, critical criminology in particular, and the sociology of law. This is to name a few of the many inspirational and foundational ways he has changed the course and methods for generations to come, inspiring not only the editors and contributors of this volume. Each of the chapters detail various ways Bill’s work has impacted on our own perspectives and/or research including, but not limited to, the way we understand the value of non-traditional methods, law and power, the very definition of crime, organized crime, and unmasking the power structures and powerful that cause inequality, social ills and pains.

Contributors are: Elizabeth A. Bradshaw, Meredith Brown, William J. Chambliss, Francis T. Cullen, Jeff Ferrell, David O. Friedrichs, Mark S. Hamm, Ronald C. Kramer, Teresa C. Kulig, Raymond Michalowski, Christopher J. Moloney, Ida Nafstad, Sarah Pedigo, Gary Potter, Isabel Schoultz.

Edited by Frauke Lachenmann and Rüdiger Wolfrum

The Max Planck Yearbook of United Nations Law (UNYB), founded in 1997, appears under the auspices of the Max Planck Foundation for International Peace and the Rule of Law. The first part, ‘The Law and Practice of the United Nations’, concentrates on the legal fundamentals of the UN, its Specialized Agencies and Programmes. The second part, ‘Legal Issues Related to the Goals of the United Nations’, analyses achievements with regard to fulfilling the main objectives of the UN. The UNYB addresses both scholars and practitioners, giving them insights into the workings, challenges and evolution of the UN.

Edited by Donald R. Rothwell, Matthew Zagor and Imogen Saunders

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. Volume 36 features an Agora on the 2018 Timor Sea Treaty and Conciliation between Australia and Timor Leste.

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

Access, Benefit-sharing and Conservation in Indigenous Lands

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Federica Cittadino

What Does Risk Mean in This New “Risky Space Business”?

Managing Liability Exposure for Injuries to Crew and Passengers Resulting from US Commercial Space Activities

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Maria-Vittoria “Giugi” Carminati

In the only analysis of its kind, Dr. Maria-Vittoria “Giugi” Carminati asks the question: if a commercial space operator kills or injures one of its spaceflight participants or a crewmember, what is the extent of the operator’s liability? In the United States, that question has no clear answer. Dr. Carminati explores the way the United States manages liability, at state and federal level, and from state to state.

Tort law in the United States exists at the state level. However, commercial spaceflight and its regulation are creatures of federal law. Understanding how these two systems interact and, often, conflict is critical to understanding how commercial spaceflight operators can manage exposure.

Between Criminalization and Protection

The Italian Way of Dealing with Migrant Smuggling and Trafficking within the European and International Context

Series:

Vincenzo Militello and Alessandro Spena

This volume is devoted to the dark side of human mobility, that is migrant smuggling, and, linked with it, human trafficking. Both subjects will be mainly treated from an Italian perspective; however, due to their having a generally transnational character, the analysis will necessarily require that international and supranational actions/measures also be taken into account. Moreover, the legal perspective will be supplemented by the phenomenological/criminological one, through which the authors try to provide the work with a realistic dimension aimed at grasping the practical aspects of both migrant smuggling and human trafficking emerging from the different ways in which such crimes are de facto committed.

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.

Majid Daneshgar

This essay will explore how the intellects of both scholars and their audiences are censored. In addition to various Western thinkers, particular attention will be paid to Ali Shari'ati, one of the most influential thinkers of modern Iran, and how he represented an important Islamic tradition. Not only did his ideas inspire revolutionary acts by generations of Iranians, but Turkish, Arab, Malay, Indonesian, and Indian philosophers, sociologists, theologians, and politicians have all employed his definitions of concepts such as justice, injustice, revolution, corruption, and bliss. This article sheds light both on how intellectuals influence their audience, and their long-term impact on broader communities. In order to do so, it will analyze the material and political conditions that censor both what scholars are able to say, and what their audiences are allowed to hear.