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  • Hart Publishing, Oxford - Good books for lawyers
    became a reality with the adoption of the Rome Statute This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court Detailed consideration is given to the history of war crimes trials and their place in the system of international law the legal and political significance of a permanent ICC the legality and legitimacy of war crimes trials the tensions and conflicts involved in negotiating the ICC Statute the general principles of legality the scope of defences evidential dilemmas the perspective of victims the nature and scope of the offences within the ICC s jurisdiction aggression genocide war crimes crimes against humanity questions of admissibility and theories of jurisdiction the principle of complementarity national implementation of the Statute in a range of jurisdictions and national and international responses to the ICC The expert contributors are drawn from a range of national jurisdictions UK Sweden Canada and Australia The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute Dominic McGoldrick is Professor of Public International Law and Director of the International and European Law Unit Liverpool

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841132815 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    limitations by the ICJ respectively are inter dependent On the one hand judicial review would only become relevant if and to the extent that the powers granted to the Security Council under Chapter VII of the Charter are subject to justiciable limitations On the other hand the relevance of any limitation to the powers of the Security Council would remain limited if it could not be enforced by judicial review This inter dependence is reflected by the fact that Chapters 2 and 3 focus on judicial review in advisory and contentious proceedings respectively whereas Chapters 4 to 9 examine the limits to the powers of the Security Council The concluding chapter subsequently illuminates how the respective limits to the Security Council s enforcement powers could be enforced by judicial review It also explores an alternative mode of review of binding Security Council decisions that could complement judicial review by the ICJ notably the right of states to reject illegal Security Council decisions as a right of last resort The space and attention devoted to the limits to the Security Council s enforcement powers reflects the second aim of this study namely to provide new direction to this aspect of the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841134222 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    toxic movements a set of binding as well as non binding norms are being developed at the European and international level This book analyses the development and effectiveness of transnational toxics law through two case studies one dealing with the European regional regime for the control of toxic discharges in the aquatic environment and the other looking at the emerging global regime for the regulation of international trade in hazardous pesticides It provides a comprehensive analysis of the legal and political framework in EU law for the reduction of inputs of hazardous substances in the marine and freshwater environment and in regional agreements for the protection of the marine environment of the North Sea and Northeast Atlantic Baltic Sea and Mediterranean It also offers a critical account of the development of soft and hard law regulating exports of banned and severely restricted pesticides from industrialised to developing countries from the resolutions of the United Nations Environment Programme and General Assembly in the late 1970s to the signing of the Rotterdam Convention on the Prior Informed Consent Procedure in 1998 The author shows that international normative efforts in these two fields have proved much more productive in establishing procedural obligations for states than in laying down actual substantive standards to govern their conduct and argues that transnational environmental law may be valued by governments more for its symbolic value expressive function than for any real problem solving capacity Dr Marc Pallemaerts holds graduate degrees in law and political science from the Vrije Universiteit Brussel and Harvard University He teaches European and international environmental law at the Universit Libre de Bruxelles and the University of Amsterdam He has also acted as legal and policy adviser to several environment ministers and was Deputy Chief of Staff of the Belgian State Secretary for Energy

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841131290 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Bank and Fund purport to link broadly defined reforms with obligations under international human rights law rarely has this been carried out through a rigorous and in depth application of international legal rules governing the proper interpretation of the institutions mandates and rarely have the policy consequences and practical possibilities for human rights integration been explored in any detail These are the principal gaps that the present book aims to

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841133904 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Law and Ethics in International Trade and Environment Debates First Edition Ilona Cheyne April 2020 256 pages Paperback 9781841134819 35 00 More info Add to basket Regional Economic Integration and Dispute Settlement in East Asia The Evolving Legal Framework First Edition Anna G Tevini April 2020 574 pages Hardback 9781849465830 80 00 More info Add to basket The Legitimacy of the World Trade Organisation First Edition Joshua Meltzer April 2020

    Original URL path: http://www.hartpublishing.co.uk/SeriesDetails.aspx?SeriesName=Studies%20in%20International%20Trade%20Law&SeriesFullTitle=Studies%20in%20International%20Trade%20Law&Published=no (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    WTO law The workings of the aid projects and aid procurement systems of donor countries granting bilateral aid are fully examined through case studies from the UK Italy the EU and the US Tied aid refers to aid granted to developing countries on condition that goods and services for the aid financed projects are purchased from the donor country only The recipient country in order to receive the grant or the loan has no other choice but to fulfil the condition imposed by the donor Economists have shown that tying aid undermines the effectiveness of aid It leads to higher costs paid for the goods and services purchased and the distortion of the nature of the aid Further tying frustrates the potential of aid to foster trade between developing countries in many of these countries public bodies and in particular aid financed projects are major potential outlets for trade between neighbouring states The importance of tied aid has been pointed out in economic literature but there is surprisingly little written on the legal aspects of tied aid practices and this book seeks to fill this major gap in the literature The book is of interest to academics in the field

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461153 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    how we can look at culture in many different ways and explains why we should care about cultural diversity The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment and analyses UNESCO s theories and approaches to cultural diversity This is followed by a comprehensive examination of the treatment of culture in global and regional trade agreements including the framework of the GATT WTO system the WTO s judicial practice involving cultural products and the treatment of culture under the EC EU and NAFTA This identifies the challenges trade norms encounter in dealing with cultural products The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation Jingxia Shi is a Professor of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464253 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    UN now aims to mainstream the right into its policies and operational activities and is reviewing prospects for an internationally binding legal instrument The evolution of the right to development however has been dominated by debates about its conceptual validity and practical ramifications It has been hailed as the cornerstone of the entire human rights system and criticized as a distracting ideological initiative Questions also persist about the role of the right in reforming the international economic order This book examines the legal and moral foundations of the right to development addressing the major issues It then considers the right to development in the global economy noting the challenges of globalization and identifying key principles such as differential treatment of developing countries participation and accountability It relates the right to broad objectives such as the Millennium Development Goals the human rights based approach to development and environmental sustainability Implications for international economic law and policy in the areas of trade development finance and corporate responsibility are assessed The conclusion looks to the legal and ethical contributions and limitations of the right to development in this new context With an academic and professional background in international law human rights and moral

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136004 (2016-02-13)
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