Netherlands Yearbook of International Law 2018


Book Description

This volume of the Netherlands Yearbook of International Law explores the many faces of populism, and the different manifestations of the relationship between populism and international law. Rather than taking the so-called populist backlash against globalisation, international law and governance at face value, this volume aims to dig deeper and wonders ‘What backlash are we talking about, really?’. While populism is contextual and contingent on the society in which it arises and its relationship with international law and institutions thus has differed likewise, this volume assists in our examination of what we find so dangerous about populism and problematic in its relationship with international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law./div







Netherlands Yearbook of International Law 2021


Book Description

This book engages with international legal responses to the global environmental crisis. Humanity faces a triple planetary crisis, consisting of the interlinked problems of climate change, depletion of biological diversity and pollution.The chapters in this volume of the Netherlands Yearbook of International Law address important questions of how and to what extent these environmental concerns have been integrated into international law, who or what drives these developments, and what all of this tells us about international law’s ability to tackle the challenges that a deteriorating environment brings for the future of life on Earth. The strength of the volume is that it brings together a wide range of perspectives on the ‘greening’ phenomenon in international law. It includes perspectives from international environmental law, human rights law, investment law, financial law, humanitarian law and criminal law. Moreover, it raises important questions regarding the validity of the predominant approach in international law to (the protection of) nature. By providing such a wide range of perspectives on international legal responses (or lack thereof) to the environmental crisis, the volume seeks to engage scholars and practitioners from a variety of disciplines. It invites readers to compare the state-of-the-art across disciplines and to reflect on ways to strengthen international law’s responses to the environmental crisis. Furthermore, as has become standard for the Netherlands Yearbook of International Law, the second part consists of a section on Dutch practice in international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law. Chapter 3 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.




Netherlands Yearbook of International Law 2019


Book Description

This volume of the Netherlands Yearbook of International Law (NYIL) is the fiftieth in the Series, which means that the NYIL has now been with us for half a century. The editors decided not to let this moment go by unnoticed, but to devote this year’s edition to an analysis of the phenomenon of yearbooks in international law. Once the decision was made that this would be the subject of this year’s NYIL, the editors asked themselves a number of questions. For instance: Not many academic disciplines have yearbooks, so what is the reason we do? What is the added value of having a yearbook alongside the abundance of international law journals, regular monographs and edited volumes that are published on a yearly basis? Does the existence of yearbooks tell us something about who we are, or who we think we are, or what we have to contribute to the world? These questions will be addressed both in a general and in a specific sense, whereby a number of yearbooks published all over the world will be looked at in further detail. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.




Netherlands Yearbook of International Law 2020


Book Description

This volume of the Netherlands Yearbook of International Law (NYIL) addresses the question how the assumption that states have a common obligation to achieve a collective public good can be reconciled with the fact that the 195 states of today’s world are highly diverse and increasingly unequal in terms of size, population, politics, economy, culture, climate and historical development. The idea of common but differentiated responsibilities is on paper the perfect bridge between the factual inequality and formal equality of states. The acknowledgement that states can have common but still different – more or less onerous – obligations is predicated on the moral and legal concept of global solidarity. This book encompasses general contributions on the function and the content of the related principles, chapters that describe and evaluate how the principles work in a specific area of international law and chapters that address their efficiency and broader ramifications, in terms of compliance, free-rider behaviour and shifting balances of power. The originality of the book resides in the integration of conceptual, comparative and practical dimensions of the principles of global solidarity and common but differentiated responsibilities. The book is therefore highly recommended reading for both academics with a theoretical interest and those working within international organisations. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.




The South China Sea Arbitration


Book Description

The South China Sea Arbitration, which marks the first time that the Philippines and China have been parties to a compulsory dispute settlement procedure, is a landmark legal case. The Tribunal tackled head-on critical issues in the interpretation and application of the UN Convention on the Law of the Sea that other international courts have failed to address, particularly the compatibility of historic rights with the Convention, the identification of maritime features as permanently submerged or above water at high-tide, and the distinction between features that are fully entitled to maritime zones and those that are not. In addition, the Tribunal also had to decide on issues as diverse as near-collisions at sea, illegal fishing of giant clams and sea turtles, and the destruction of fragile coral reefs resulting from island-building. The Tribunals task was rendered arduous by Chinas refusal to appear before it. In these circumstances, understanding the Tribunals decisions is a challenging undertaking. Chinas public relations campaign targeting the proceedings raised issues that the layperson could readily grasp, notably African states support for its non-appearance, the integrity of the judges, and the validity of arbitral awards. Understanding the Awards and Debating with China aims to facilitate understanding of the South China Sea Arbitration by presenting detailed summaries of the two Arbitral Awards. The author rebuts the questionable claims raised by Chinas public relations campaign and highlights Chinas covert actions during the proceedings.




Asian Yearbook of International Law, Volume 24 (2018)


Book Description

Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).




Global Animal Law from the Margins


Book Description

This book critically engages the emerging field of global animal law from the perspective of an intersectional ethical framework. Reconceptualising global animal law, this book argues that global animal law overrepresents views from the west as it does not sufficiently engage views from the Global South, as well as from Indigenous and other marginalised communities. Tracing this imbalance to the early development of animal law’s reaction to issues of international trade, the book elicits the anthropocentrism and colonialism that underpin this bias. In response, the book outlines a new, intersectional, second wave of animal ethics. Incorporating marginalised viewpoints, it elevates the field beyond the dominant concern with animal welfare and rights. And, drawing on aspects of decolonial thought, earth jurisprudence, intersectionality theory and posthumanism, it offers a fundamental rethinking of the very basis of global animal law. The book's critical, yet practical, new approach to global animal law will appeal to animal law and environmental law experts, legal theorists, and those working in the areas of animal studies and ecology.




Informed Publics, Media and International Law


Book Description

This book considers the significance of informed publics from the perspective of international law. It does so by analysing international media law frameworks and the 'mediatization' of international law in institutional settings. This approach exposes the complexity of the interrelationship between international law and the media, but also points to the dangers involved in international law's associated and increasing reliance upon the mediated techniques of communicative capitalism – such as publicity – premised upon an informed international public whose existence many now question. The book explores the ways in which traditional regulatory and analytical categories are increasingly challenged - revealed as inadequate or bypassed - but also assesses their resilience and future utility in light of significant technological change and concerns about fake news, the rise of big data and algorithmic accountability. Furthermore, it contends that analysing the imbrication of media and international law in the current digital transition is necessary to understand the nature of the problems a system such as international law faces without sufficiently informed publics. The book argues that international law depends on informed global publics to function and to address the complex global problems which we face. This draws into view the role media plays in relation to international law, but also the role of international law in regulating the media, and reveals the communicative character of international law.




International Law and Posthuman Theory


Book Description

Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in which states act as its main subjects, the traditional sources of international law – international legal statutes, customary international law, historical precedents and general principles of law – create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics – including environmental law, the law of the sea, colonialism, human rights, conflict and the impact of science and technology – it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book’s posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists and others with interests in posthuman thought, technology, colonialism and ecology. Chapters 1, 9 and 11 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.