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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.
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.
Editor:
Martin Lau
The Yearbook of Islamic and Middle Eastern Law combines practice-relevant analysis of the latest legal trends in more than twenty Arab and Islamic jurisdictions alongside peer-reviewed articles on the laws of the MENA region, the Islamic world as well as Islamic jurisprudence, case notes and book reviews.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
Editor:
Martin Lau
The Yearbook of Islamic and Middle Eastern Law combines practice-relevant analysis of the latest legal trends in more than twenty Arab and Islamic jurisdictions alongside peer-reviewed articles on the laws of the MENA region, the Islamic world as well as Islamic jurisprudence, case notes and book reviews.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
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.
A Critical Appraisal of the Court’s Jurisprudence on the Rights to Property and Home in the Context of Displacement
The authors grapple with questions raised by the Court’s reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey.
A Critical Appraisal of the Court’s Jurisprudence on the Rights to Property and Home in the Context of Displacement
The authors grapple with questions raised by the Court’s reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey.
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.