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Global Pro Bono: Causes, Context, and Contestation
by Scott L. Cummings de Sa e Silva, Fabio Louise G. TrubekThe principle and practice of pro bono, or volunteer legal services for poor and other marginalized groups, is an increasingly important feature of civil justice systems around the world. Recent surveys have identified pro bono initiatives in more than eighty countries—including Colombia, Portugal, Nigeria, and Singapore—and the list keeps growing. Covering the spread of pro bono in across five continents, this book provides a unique comparative dataset permitting the first-ever analysis of pro bono's growing role in access to justice globally. The contributors are leading experts from around the world, whose chapters explore both the internal roots of and global influences on pro bono in transnational context. Global Pro Bono explores the dramatically expanding geographical and political reach of pro bono: documenting its essential contribution to bringing more justice to those on the margins, while underscoring its complex and contested meaning in different parts of the world.
The Global Prosecution of Core Crimes under International Law
by Christopher SolerThis book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students.Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
Global Public Interest in International Investment Law
by Andreas KulickThe strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.
The Global Reach of EU Law (Studies in Modern Law and Policy)
by Elaine FaheyThe EU strives to be a leading rule-making organisation with global reach in both economic and non-economic fields. But how should we understand the science behind this? This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. The work examines two central themes: the conceptual development of the global reach and effects of EU law; and the methodology of EU rule-making processes. It considers what specific impact and effects the EU’s rules are having, and its approach to global reach. The book studies the EU’s Area of Freedom, Security and Justice (AFSJ) as a case of a non-economic field offering examples of ways and means in which the global reach of EU law can manifest itself in an evolving and sensitive field. Using this casestudy, the book develops a sharper focus upon the ‘internal’ and ‘external’ elements of EU law which make up our understanding of the global reach of EU law and develops further why global reach is important as a scientific phenomenon. The book will be a valuable resource for researchers and students in the areas of EU law, global governance and the study of law beyond the nation state.
The Global Reach of European Refugee Law
by Hélène Lambert Jane Mcadam Maryellen Fullerton Hélène Lambert Jane McadamEurope has the most advanced regional protection regime in the world. The predicted impact of this body of norms, including the new Common European Asylum System, has been widely identified as one that will have a 'ripple effect' beyond the EU. However, very few studies have noted the fact that this regime has already influenced the law and practice of states around the world, for some time. The purpose of this book is to gather evidence that emulation is happening (if it is), to explore the extent and identify the processes through which it is happening, and to examine the implications of these findings. A review of seven case studies reveals all but one of these cases provides clear evidence of emulation at some point in time. The EU protection regime, which has been most influenced by the European Court of Human Rights, is 'naturally' evolving transnationally and spreading internationally.
Global Rectificatory Justice (Global Ethics Series )
by Göran CollsteWhat are the implications of colonialism for a theory of global justice today? What does rectificatory justice mean in the light of colonialism? What does global rectificatory justice require in practice? The author seeks to answer these questions covering a significant gap in the literature on global justice.
Global Reflections on Children’s Rights and the Law: 30 Years After the Convention on the Rights of the Child (Routledge Research in Human Rights Law)
by Ellen Marrus Pamela Laufer-UkelesThirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children’s various civil rights; how to best assist children at risk; and discussions surrounding children’s identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children’s rights and justice.
The Global Regime for the Enforcement of Intellectual Property Rights
by Xavier SeubaIn The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.
Global Satellite Meteorological Observation (GSMO) Applications: Volume 2
by Stojče Dimov IlčevThis book presents principal structures of space systems functionality of meteorological networks, media and applications for modern remote sensing, transmission systems, meteorological ground and users segments and transferring weather data from satellite to the ground infrastructures and users. The author presents techniques and different modes of satellite image interpretation, type of satellite imagery, spectral imaging properties, and enhancement of imaging technique, geo-location and calibration, atmospheric and surface phenomena. Several satellite meteorological applications are introduced including common satellite remote sensing applications, weather analysis, warnings and prediction, observation and measurements of meteorological variables, atmosphere and surface applications, ocean and coastal applications, land, agriculture and forestry applications, and maritime and aviation satellite weather applications. The author also covers ground segment and user segment in detail. The final chapter looks to the future, covering possible space integrations in meteorological and weather observation.This is a companion book of Global Satellite Meteorological Observation Theory (Springer), which provides the following topics:Evolution of meteorological observations and history satellite meteorologySpace segment with satellite orbits and meteorological payloadsAnalog and digital transmission, type of modulations and broadcasting systemsAtmospheric radiation, satellite meteorological parameters and instrumentsMeteorological antenna systems and propagation
Global Securities Litigation and Enforcement
by Pierre-Henri Conac Martin GelterGlobal Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law, and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide.
Global Shareholder Stewardship
by Dionysia Katelouzou Dan W. PuchniakThis is the first in-depth comparative and empirical analysis of shareholder stewardship, revealing the previously unknown complexities of this global movement. It highlights the role of institutional investors and other shareholders, examining how they use their formal and informal power to influence companies. The book includes an in-depth chapter on every jurisdiction which has adopted a stewardship code and an analysis of stewardship in the world's two largest economies which have yet to adopt a code. Several comparative chapters draw on the rich body of jurisdiction-specific analyses, to analyze stewardship comparatively from multiple interdisciplinary perspectives. Ultimately, this book provides a cutting-edge and comprehensive understanding of shareholder stewardship which challenges existing theories and informs many of the most important debates in comparative corporate law and governance.
Global Stakeholder Relationships Governance: An Infrastructure
by Toni Muzi Falconi James E. Grunig Emilio Galli Zugaro Joao DuarteBy arguing and detailing the elements of a soft and hard infrastructure approach to the process of global stakeholder relationships governance, this book integrates advanced, flexible and feasible tools to develop an organization's listening culture; integrated reporting as an ongoing process of continued multi-stakeholder reporting.
Global Sustainable Cities: City Governments and Our Environmental Future
by Danielle Spiegel-Feld, Katrina Miriam Wyman, and John J. CoughlinPerspectives from worldwide experts on how major cities across the globe are responding to the major environmental threats of our time, including global climate change Over half of the world’s population now lives in cities, and this share is expected to increase in the coming decades. With growing urbanization, cities and their residents face substantial environmental challenges such as higher temperatures, droughts, wildfires, and increased flooding. In response to these pressing challenges, some cities have begun to develop local environmental regulations that supplement national and environmental laws. In so doing, cities have stepped into a role that has been historically dominated by higher levels of government.Global Sustainable Cities takes stock of the policies that have been implemented by cities around the world in recent years in several key areas: water, air pollution, greenhouse gas emissions, and climate adaptation. It examines the advantages—and potential drawbacks—of allowing cities to assume a significant role in environmental regulation, given the legal and political constraints in which cities operate.The contributors present a series of case studies of the actions that seven leading cities—Abu Dhabi, Beijing, Berlin, Delhi, London, New York, and Shanghai—are taking to improve their environments and adapt to climate change. The first volume of its kind, Global Sustainable Cities is a critical comparative assessment of the actions that major cities in the global North and South are taking to advance sustainability.
Global Technology and Legal Theory: Transnational Constitutionalism, Google and the European Union (Routledge Research in International Commercial Law)
by Guilherme Cintra GuimarãesThe rise and spread of the Internet has accelerated the global flows of money, technology and information that are increasingly perceived as a challenge to the traditional regulatory powers of nation states and the effectiveness of their constitutions. The acceleration of these flows poses new legal and political problems to their regulation and control, as shown by recent conflicts between Google and the European Union (EU). <P><P> This book investigates the transnational constitutional dimension of recent conflicts between Google and the EU in the areas of competition, taxation and human rights. More than a simple case study, it explores how the new conflicts originating from the worldwide expansion of the Internet economy are being dealt with by the institutional mechanisms available at the European level. The analysis of these conflicts exposes the tensions and contradictions between, on the one hand, legal and political systems that are limited by territory, and, on the other hand, the inherently global functioning of the Internet. The EU’s promising initiatives to extend the protection of privacy in cyberspace set the stage for a broader dialogue on constitutional problems related to the enforcement of fundamental rights and the legitimate exercise of power that are common to different legal orders of world society. Nevertheless, the different ways of dealing with the competition and fiscal aspects of the conflicts with Google also indicate the same limits that are generally attributed to the very project of European integration, showing that the constitutionalization of the economy tends to outpace the constitutionalization of politics. <P><P> Providing a detailed account of the unfolding of these conflicts, and their wider consequences to the future of the Internet, this book will appeal to scholars working in EU law, international law and constitutional law, as well as those in the fields of political science and sociology.
Global Tobacco Control
by Paul Cairney Donley T. Studlar Hadii M. MamuduThe first major book by political scientists explaining global tobacco control policy. It identifies a history of minimal tobacco control then charts the extent to which governments have regulated tobacco in the modern era. It identifies major policy change from the post-war period and uses theories of public policy to help explain the change.
Global Trade, Labour Rights and International Law: A Multilevel Approach (Studies in Modern Law and Policy)
by Aneta TycThis book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States–Mexico–Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.
Global Trafficking in Women and Children (International Police Executive Symposium Co-Publications)
by Obi N. I. Ebbe Dilip K. DasWar, poverty, and famine; political, social, and economic change; and the deep seated views and rituals rooted in a culture‘s history and traditions all contribute to the widespread and growing trafficking of women and children. The multilayered complexity, myriad contributing factors, enormous amount of money involved, and sheer magnitude of the
Global Transformations in the Use of Biodiversity for Research and Development: Post Nagoya Protocol Implementation Amid Unresolved and Arising Issues (Ius Gentium: Comparative Perspectives on Law and Justice #95)
by Evanson Chege KamauEnough laws have been enacted since the adoption of the Nagoya Protocol on access and benefit-sharing to permit a study which is capable of accurately portraying the status quo of national implementation of the Protocol and the ensuing practice, emerging challenges and how countries are coping with them. This book, one of the first to present such a study, uniquely combines an examination of the new laws and practice and how they comply with the Nagoya Protocol; of issues not yet resolved by the Protocol and which solutions are being explored; and of how research and development is responding to the new situation. In addition, it proposes solutions to selected questions on ABS based on real-world and hypothetical cases, which could instigate litigation.Written by a team of expert academics and practitioners in the field, this book makes a valuable contribution to academic and policy debates and to academic literature on international environmental law, international biodiversity law, international property law, climate law and the law of indigenous populations. It also offers a reference guide for practicing lawyers in the area of ABS.
Global Values and International Trade Law (Transnational Law and Governance)
by Csongor István NagyExploring the relationship and interaction between economic interests and normative non-trade values, this book argues that the emergence and development of non-trade values is based on a complex dialectic interaction between selfish economic interests and normative values, and examines how their structural interdependence has given rise to a remarkable evolution in international trade. Conceiving this relationship as an intricate dialectic one that is neither purely value-driven, nor purely economic-interest-driven, it addresses the emergence, function, and role of non-trade values in international trade with a synthetizing approach and explores the results of their interaction in international economic intercourse. Approaching the non-trade issues of trade in a holistic manner, the book demonstrates that trade can operate smoothly only if it is framed by an architecture of normative value standards and international trade liberalization has reached the level where further development calls for cooperation also in fields that, at first glance, may appear to be non-trade in nature.
Global Viewpoints: Civil Liberties
by Noel MerinoThis series provides readers with the information they need to think critically about the worldwide implications of global issues; each volume focuses on a controversial topic of worldwide importance and offers a panoramic view of opinions. This title explores free speech and freedom of expression, media freedom and freedom of the press, the right to due process, and the right to privacy; By illuminating the complexities and interrelations of the global community, this excellent resource helps students and other researchers enhance their global awareness.
The Global War for Internet Governance
by Laura DenardisThe Internet has transformed the manner in which information is exchanged and business is conducted, arguably more than any other communication development in the past century. Despite its wide reach and powerful global influence, it is a medium uncontrolled by any one centralized system, organization, or governing body, a reality that has given rise to all manner of free-speech issues and cybersecurity concerns. The conflicts surrounding Internet governance are the new spaces where political and economic power is unfolding in the twenty-first century. This all-important study by Laura DeNardis reveals the inner power structure already in place within the architectures and institutions of Internet governance. It provides a theoretical framework for Internet governance that takes into account the privatization of global power as well as the role of sovereign nations and international treaties. In addition, DeNardis explores what is at stake in open global controversies and stresses the responsibility of the public to actively engage in these debates, because Internet governance will ultimately determine Internet freedom.
Global Water Ethics: Towards a global ethics charter (Earthscan Studies in Water Resource Management)
by Rafael Ziegler David GroenfeldtScholarly interest in water ethics is increasing, motivated by the urgency of climate change, water scarcity, privatization and conflicts over water resources. Water ethics can provide both conceptual perspectives and practical methodologies for identifying outcomes which are environmentally sustainable and socially just. This book assesses the implications of ongoing research in framing a new discipline of water ethics in practice. Contributions consider the difficult ethical and epistemological questions of water ethics in a global context, as well as offering local, empirical perspectives. Case study chapters focus on a range of countries including Canada, China, Germany, India, South Africa and the USA. The respective insights are brought together in the final section concerning the practical project of a universal water ethics charter, alongside theoretical questions about the legitimacy of a global water ethics. Overall the book provides a stimulating examination of water ethics in theory and practice, relevant to academics and professionals in the fields of water resource management and governance, environmental ethics, geography, law and political science.
Globale Internet Governance und Völkerrecht: Anforderungen an staatliche und nicht-staatliche Akteure bei der grenzüberschreitenden Regulierung des Internets
by David HamburgerDie Regulierung des Internets, häufig auch als Internet Governance bezeichnet, erfolgt gegenwärtig durch eine Vielzahl sowohl privater als auch staatlicher Akteure. Zugleich ist es eine der drängendsten Herausforderungen mit Blick auf die Zukunft des Internets, den ständigen Prozess des Wandels und der Fortentwicklung dieses Mediums regulatorisch zu begleiten und einzuhegen. Dies wirft die Frage auf, welchen Regelungen und Vorschriften Regulierungsmaßnahmen unterliegen, die auf das Internet abzielen. Da aufgrund der entgrenzten Natur des Internets einer Regulierungsmaßnahme praktisch stets eine grenzüberschreitende und damit internationale Dimension zukommt, lässt sich dies jedoch nicht allein anhand nationaler Rechtsvorschriften beantworten. Stattdessen ist hierfür ein Rückgriff auf das Völkerrecht angezeigt. Der Band soll einen Beitrag dazu leisten, die Bedeutung des Völkerrechts für die globale Internet Governance zu ermitteln.
Globalisation and Agricultural Landscapes: Change Patterns and Policy Trends in Developed Countries
by Jørgen Primdahl Simon SwaffieldWhilst agricultural landscapes are products of the local ecosystem and community in which they are situated, they are becoming increasingly affected by the same global issues, and are converging under the dynamics of globalisation. Combining landscape ecological research and an examination of relevant public policy, this book investigates the dynamic relationship between agricultural landscapes and the global change processes, such as urbanisation, by which they are being transformed. Landscape change is analysed in the context of biophysical patterns, market dynamics, and specific public policy frameworks, through a series of case studies from different OECD countries spanning Europe, Asia Pacific and North America. Particular emphasis is placed upon the way that landscapes are changing under differing policies of agricultural subsidy including the EU Common Agricultural Policy. This is an ideal resource for graduate students and researchers in landscape ecology and agriculture as well as policy analysts working in the agricultural sector.
Globalisation and Governance: International Problems, European Solutions
by Robert SchützeWhile it might have been viable for states to isolate themselves from international politics in the nineteenth century, the intensity of economic and social globalisation in the twenty-first century has made this impossible. The contemporary world is an international world - a world of collective security systems and collective trade agreements. What does this mean for the sovereign state and 'its' international legal order? Two alternative approaches to the problem of 'governance' in the era of globalisation have developed in the twentieth century: universal internationalism and regional supranationalism. The first approaches collective action problems from the perspective of the 'sovereign equality' of all States. A second approach to transnational 'governance' has tried to re-build majoritarian governmental structures at the regional scale. This collection of essays wishes to analyse - and contrast - the two types of normative and decisional answers that have emerged as responses to the 'international' problems within our globalised world.