Max Planck Yearbook of United Nations Law, Volume 27 (2023)


Book Description

The Max Planck Yearbook of United Nations Law (UNYB) is the first scholarly periodical to focus on activities of the United Nations in the field of international law. By concentrating on issues connected with the UN and its initiatives, the UNYB addresses both legal scholars and practitioners, giving them insights into the workings, challenges and evolution of the UN and international law.







Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 26 (2022)


Book Description

The ITLOS Yearbook 2022 provides information on the composition and organization of the Tribunal and reports on its judicial activities in 2022, in particular concerning Cases Nos. 28, 30 and 31. The Yearbook is prepared by the Registry of the Tribunal. Le TIDM Annuaire 2022 fournit des informations sur la composition et l’organisation du Tribunal et rend compte des activités judiciaires de celui-ci au cours de l’année 2022, en particulier en ce qui concerne les affaires Nos. 28, 30 et 31. L’Annuaire est préparé par le Greffe du Tribunal.




International Law and Peace Settlements


Book Description

International Law and Peace Settlements provides a systematic and comprehensive assessment of the relationship between international law and peace settlement practice across core settlement issues, e.g. transitional justice, human rights, refugees, self-determination, power-sharing, and wealth-sharing. The contributions address key cross-cutting questions on the legal status of peace agreements, the potential for developing international law, and the role of key actors – such as non-state armed groups, third-state witnesses and guarantors, and the UN Security Council – in the legalisation and internationalisation of settlement commitments. In recent years, significant scholarly work has examined facets of the relationship between international law and peace settlements, through concepts such as jus post bellum and lex pacificatoria. International Law and Peace Settlements drives forward the debate on the legalisation and internationalisation of peace agreements with diverse contributions from leading academics and practitioners in international law and conflict resolution.




The Committee on the Rights of Persons with Disabilities


Book Description

The book focuses on the modus operandi of the Committee on the Rights of Persons with Disabilities (CRPD Committee), the Convention on the Rights of Persons with Disabilities (CRPD) monitoring body, and its main tasks, namely monitoring functions and interpreting the CRPD provisions. Unlike other doctrinal contributions, it analyses all aspects of the CRPD Committee, including those of an institutional nature (membership, sessions, methods of voting, relationships with other organs, and others). The target audience of the book is composed of academics and students of international human rights law. Furthermore, it serves as a guide for civil servants, NGOs, DPOs, practitioners and other stakeholders involved in implementing disability rights.




International Conflict Feminism


Book Description

In this book, Vasuki Nesiah tells the story of the astonishing uptake of International Conflict Feminism (ICF) in the most powerful institutions of global governance. ICF refers to a repertoire of policy agendas and legal strategies allied with those institutions to focus on women’s vulnerabilities, fight impunity for sexual violence, and promote women’s roles in peace-building processes. ICF emerged from feminist networks anchored in the Global North that gained momentum in the aftermath of the Cold War. Although this volume offers a testament to ICF’s remarkable success, it also analyzes how this success was intertwined with the defeat of alternative visions and agendas, including a range of dissident and heterodox feminisms that were eclipsed as ICF gained traction. Emerging from Nesiah’s dual occupations in academia and international law and policy practice, International Conflict Feminism shows how centrally the ICF agenda has shaped fields such as peace building, international criminal law, transitional justice, and post-conflict economic policy. Each section pauses at different sites in the international governance architecture to analyze the distributive impact of ICF and its allied global policy agendas to examine what is privileged, legitimized, and empowered, and what is subordinated, marginalized, and further excluded. ICF is a project of ideas and passions, legal proposals, and policy orientations. Today, when the most powerful countries of the world are describing their military, economic, and political interventions as a “feminist foreign policy,” the task of understanding and assessing the ICF project is especially urgent. Nesiah argues that, rather than obfuscating and denying the power of the ICF agenda, grappling with ICF’s power is essential to achieving solidarity with feminisms that don’t have a seat at the table, in particular those dissident feminist traditions with priorities and interests that challenge the dominant world order and its injustices and hierarchies.




Data Protection and Privacy, Volume 15


Book Description

This book offers conceptual analyses, highlights issues, proposes solutions, and discusses practices regarding privacy and data protection in transitional times. It is one of the results of the 15th annual International Conference on Computers, Privacy and Data Protection (CPDP), which was held in Brussels in May 2022. We are in a time of transition. Artificial Intelligence is making significant breakthroughs in how humans use data and information, and is changing our lives in virtually all aspects. The pandemic has pushed society to adopt changes in how, when, why, and the media through which, we interact. A new generation of European digital regulations - such as the AI Act, Digital Services Act, Digital Markets Act, Data Governance Act, and Data Act - is on the horizon. This raises difficult questions as to which rights we should have, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, including: data protection risks in European retail banks; data protection, privacy legislation, and litigation in China; synthetic data generation as a privacy-preserving technique for the training of machine learning models; effectiveness of privacy consent dialogues; legal analysis of the role of individuals in data protection law; and the role of data subject rights in the platform economy. This interdisciplinary book has been written at a time when the scale and impact of data processing on society – on individuals as well as on social systems – is becoming ever more important. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.




International Investment Law


Book Description

'...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fifth edition captures the essence of the ongoing multiple reform processes – either planned or envisaged – currently underway.




Proportionality in International Humanitarian Law


Book Description

This book seeks to clarify the legal concept of proportionality in international humanitarian law, as it applies during armed conflict. It is argued in the book that a refocus of the interpretation of the proportionality rule is warranted to enhance the protection of civilians. More precisely, this book seeks to dissect the origins of the rule, determine how its components must be interpreted and how it is to be applied in practice. The book considers practical situations that may arise in the conduct of military operations and searches for the limits international humanitarian law sets to commanders' assessments of proportionality during armed conflict. The book concludes that proportionality is an inherently subjective and imprecise yardstick that nonetheless serves to protect civilians during armed conflict.




Routledge Handbook of Seabed Mining and the Law of the Sea


Book Description

For years, exploration of seabed natural resources has been ongoing while exploitation in deep marine areas remained unrealistic due to land-based mineral availability and costs. However, mounting pressures from the green transition, climate change, and long-lasting fears of terrestrial minerals scarcity now bring exploitation prospects closer to reality. This has caused concern to a growing chorus of States, scientists, industries, NGOs, and parts of civil society due to the potential environmental and social impacts of these activities. As a result, the idea of a moratorium or ‘precautionary pause’ is gaining ground. Yet, an important number of interpretation and implementation issues of the United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement remain to be answered as a means to move forward in accordance with international law. This multidisciplinary book, designed to become the essential handbook on the matter, provides a global overview of the national, regional, and international regulatory frameworks applicable to the exploration and exploitation of seabed minerals on the continental shelf and the Area, as well as the related state of the science on the matter. By presenting historical and geopolitical context crucial to understanding regulation evolution, the book equips readers with foundational legal and policy knowledge. It furthermore addresses contemporary and prospective issues and offers unique insights into regional and national practices, including non-Party States to UNCLOS. Chapter VI.1.4 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.