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Umweltökonomik
by Bodo Sturm Carsten VogtUmweltökonomik bedeutet, nach Mitteln zur möglichst effizienten Bereitstellung von Umweltgütern wie etwa sauberes Wasser und Klimaschutz zu suchen. Dieses Buch führt in die Grundlagen der Umweltökonomik ein, stellt aber auch aktuelle Forschungsfragen vor. Die Theorie externer Effekte sowie die Besonderheiten von Umweltgütern werden ausführlich erläutert, ebenso umweltpolitische Instrumente - Steuern, Emissionshandel und Auflagen - zur Lösung von umweltrelevantem Marktversagen. Dabei legen die Autoren Wert auf Anwendungsorientierung und verständliche Darstellung mit geringem Einsatz formaler Methoden. Fallstudien beschäftigen sich mit externen Kosten des Verkehrs, der Ökologischen Steuerreform, dem EU-Emissionshandel und CO2-Standards für PKWs. Ein Themenschwerpunkt gilt dem Klimawandel und der Klimapolitik.
Umweltrecht: Ein Lehrbuch (Umweltwissenschaften Ser.)
by Winfried Kluth Ulrich Smeddinck Guy Beaucamp Susanna Much Rüdiger Nolte Hans-Jürgen Sack Rainer Wolf Anne-Barbara WalterDieses Lehrbuch bietet eine Einführung in das Umweltrecht insbesondere auch für Praktiker und Nicht-Juristen. Ausgehend von den allgemeinen Grundlagen werden die wichtigsten Bereiche des Umweltrechts vorgestellt. Als wichtige übergreifende Materie ist das Klimaschutzrecht berücksichtigt. Zu Steigerung des Gebrauchswertes in der Praxis wird ein besonderer Akzent auf die Themen Rechtsschutz und das Umweltstrafrecht gesetzt.
Umweltschutz und Gefahrguttransport für Binnen- und Seeschifffahrt: Internationale, nationale und kommunale Übereinkommen
by Uwe JacobshagenDas Buch fasst die Rechtsgrundlagen auf internationaler, nationaler und kommunaler Ebene auf den Gebieten Umweltschutz und Gefahrgutrecht zusammen. Es werden Rechtsanwendungen für die Praxis dargestellt und Besonderheiten kommentiert. Der Einsatz in der Lehre ist mögliche, es kann aber auch als Fachbuch gute Dienste leisten und stellt vor allem für die Praxis einen Wissensspeicher dar.
Umweltstrafrecht (Springer-Lehrbuch)
by René BörnerDas vorliegende Lehrbuch vermittelt Studierenden und Rechtspraktikern eine schnelle Orientierung und sichere Wege zur Lösung praxisnaher Fälle im Umweltstrafrecht, dessen Bedeutung im Studium und in der Rechtspraxis rasant zunimmt. Die tiefgründig behandelte Rechtsdogmatik wird anhand klarer Strukturen und zahlreicher Beispiele didaktisch aufbereitet.
The UN and Human Rights
by Guglielmo VerdirameThrough an analysis of UN operations including international territorial administration, refugee camps, peacekeeping, the implementation of sanctions and the provision of humanitarian aid, Guglielmo Verdirame shows that the powers exercised by the UN carry a serious risk of human rights abuse. The International Law Commission has codified and developed the law of institutional responsibility, but, while indispensable, these principles and rules cannot on their own ensure compliance and accountability. The 'liberty deficit' of the UN and of other international organisations, thus remains an urgent legal and political problem. Some solutions may be available; indeed, recent state and institutional practice offers interesting examples in this respect. But at a fundamental level we need to ask ourselves whether, judged on the basis of the principle of liberty, the power shift from states to international organisations is always beneficial.
The UN Committee on Economic, Social and Cultural Rights: The Law, Process and Practice (Routledge Research In Human Rights Law Ser.)
by Marco Odello Francesco SeatzuThe book concerns the study and analysis of the UN Committee on Economic, Social and Cultural Rights from an international legal perspective, taking into consideration the adoption of the 2008 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR).The volume provides a detailed account of the structure and functioning of the Committee on Economic, Social and Cultural Rights in the light of its jurisprudence, through a study of the Committee’s procedures and practices (periodic reports and general comments), including taking into account the Optional Protocol for individual complaint procedure. The book considers the possible implications of the work of this Committee on other UN Committees, such as the Human Rights Committee and the UN Committee on the Rights of the Child, as well as considering the repercussions of its work on the international protection of fundamental rights, such as the right to education, to health and adequate food.The UN Committee on Economic, Social and Cultural Rights will be of particular interest to academics and students of International and Human Rights law.
The UN Convention on Contracts for the International Sale of Goods: Theory and Practice
by Gillette, Clayton P. and Walt, Steven D. Clayton P. Gillette Steven D. WaltUpdated and expanded for the second edition, this volume provides attorneys, academics and students with a detailed yet accessible overview of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Adopted by more than eighty nations and governing a significant portion of international sales, the CISG regulates contract formation, performance, risk of loss, conformity to contractual requirements and remedies for breach. This volume explains the CISG doctrines and their ambiguities, and appraises the extent to which the doctrines reduce transaction costs for commercial actors. Its topic-based approach will be ideal for those pursuing academic analysis or subject-specific research.
The UN Friendly Relations Declaration at 50: An Assessment of the Fundamental Principles of International Law
by Jorge E. ViñualesThe year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.
UN Interventions and Democratization: Case Studies of States in Political Transition (Societies and Political Orders in Transition)
by Carina Barbosa Gouvêa Pedro H. Castelo BrancoThis book analyzes United Nations (UN) interventions in the process of constitution making in states undergoing political change. It combines theoretical considerations of democracy and constitutionalism with empirical experiences and takes a critical perspective on the interventions developed by the United Nations in the processes of re-democratization. Presenting new empirical evidence on the substantive and procedural way in which the UN undertakes constitution building in Cambodia, Bosnia and Herzegovina, Afghanistan, and East Timor, the book illustrates difficulties of these practices such as the promotion of popular participation, as well as an increasing Westernization, and to meet local needs. In consequence, the authors call for reforms of the actions and structural methods the UN to better align a legitimate constitutional order with the rule of law and democratic values. This book is aimed at scholars and students of politics and law who are interested in the prerequisites and conditions for further democratization in states undergoing political transformation.
UN Peacekeeping Operations and the Protection of Civilians: Saving Succeeding Generations
by Conor FoleyOver 100,000 United Nations uniformed peacekeeping personnel are deployed on missions with authority from the Security Council to protect civilians in conflict zones. Chapter VII of the UN Charter allows for the use of force on UN missions, but does not list the rules governing the use; they are found in either the jus in bello provisions of international humanitarian law (IHL) or the regulations on the use of force in international human rights law. The UN Charter specifies that its provisions take precedence over all other international treaties. While the UN acknowledges the relevance of IHL to its missions, this book argues that the regulations of international human rights law usually provide more appropriate guidance. UN missions mandated to protect civilians have repeatedly failed to do so, and mechanisms need to be created to improve their accountability to those that they are responsible for protecting.
The UN Security Council and Domestic Actors: Distance in international law (Routledge Research in International Law)
by Machiko KanetakeThis book analyses the exercise of authority by the UN Security Council and its subsidiary organs over individuals. The UN Security Council was created in 1945 as an outcome of World War II under the predominant assumption that it exercises its authority against states. Under this assumption, the UN Security Council and those individuals were ‘distanced’ by the presence of member states that intermediate between the Security Council’s international commands and those individuals that are subject to member states’ domestic law. However, in practice, the UN Security Council’s exercise of authority has incrementally removed the presence of state intermediaries and reduced the Security Council’s distance to individuals. This book demonstrates that this phenomenon has increased the relevance of domestic law in developing the international normative frameworks governing the UN Security Council and its subsidiary organs in safeguarding the rights, obligations, and interests of those affected individuals. This book presents how the UN Security Council’s exercise of authority has been received at the domestic level, and what would be the international implications of the Security Council’s extensive encounter with the actors who primarily reside in a domestic legal order.
The UN Security Council and International Criminal Tribunals: Procedure Matters (Studies in Global Justice #20)
by Christodoulos KaoutzanisThe book explains why and how the UN Security Council authorizes international criminal investigations into mass atrocities. In doing so, it tackles head-on the obvious double standards of global justice, where few atrocities get investigated and most slip below the headlines. The book argues that the Council’s decision-making procedure is central to understanding the Council’s decisions. This procedure is broken into three distinct steps, namely the role of diplomats at the Council, the Council’s reliance on third parties and the Council’s resort to precedent. The volume documents that the Council authorized international criminal investigations only into the handful of mass atrocities for which the Council’s deliberations successfully completed each of these three steps. Written for both scholars and practitioners, the book combines insights from the fields of international relations, international law and human rights. Through archival research and interviews with UNSC diplomats who took part in deliberations on atrocities, the volume presents evidence that supports its argument across cases and across time. In doing so, the book avoids the yes/no (or 0 vs 1) tendency of many social science projects, thereby acknowledging that there is no silver bullet to explain the work of the Council’s five permanent and ten elected members. Chris Kaoutzanis's Procedure Matters is a deep dive into how the UN Security Council actually works in dealing with some of the world's worst atrocities. Showing that UN procedure does matter, Kaoutzanis illuminates the limited accountability for international crimes that can be expected from that vital institution. As importantly, he offers a road map for how to use UN legitimating procedures to navigate the power politics of that august body. This is a map no scholar of international institutions and no human rights activist should be without. Michael Doyle, Columbia University This project recognizes what the scholarly literature has generally ignored or deemphasized: the central role of the Security Council in responding to mass atrocity situations. As much as international lawyers would hate to admit it, the legal response to international crimes is initially controlled not by international judges and tribunals, but rather by the Security Council and its geo-political and diplomatic complications. Kaoutzanis has put the sun back at the center of our solar system. Jens David Ohlin, Cornell Law School
The UN Security Council and International Law (Hersch Lauterpacht Memorial Lectures)
by Michael Wood Eran SthoegerThe UN Security Council and International Law explores the legal powers, limits and potential of the United Nations Security Council, offering a broadly positive (and positivist) account of the Council's work in practice. This book aims to answer questions such as 'when are Council decisions binding and on whom?', 'what legal constraints exist on Council decision making?' and 'how far is the Council bound by international law?'. Defining the controlling legal rules and differentiating between what the Council can do, as opposed to what it should do as a matter of policy, this book offers both a tool for assessment of the Council as well as realistic solutions to address its deficiencies, and, most importantly, evaluates its potential for maintaining international peace and security, to the benefit of us all.
The UN Security Council and the Maintenance of Peace in a Changing World (Max Planck Trialogues)
by null Congyan Cai null Larissa van den Herik null Tiyanjana MaluwaHow can the UN Security Council contribute to the maintenance of international peace and security in times of heightened tensions, global polarisation, and contestation about the principles underlying the international legal and political order? In this Trialogue, experts with diverse geographic, socio-legal, and ideational backgrounds present their perspectives on the Security Council's historic development, its present functions and deficits, and its defining tensions and future trajectories. Three approaches engage with each other: a power-focused approach emphasising the role of China as an emerging actor; an institutionalist perspective exploring how less powerful states, particularly the elected members of the Security Council, exert influence and may strengthen rule-of-law standards; a regionalist perspective investigating how the Security Council as the central actor can cooperate with regional organisations towards maintaining international peace and security. This title is also available as Open Access on Cambridge Core.
The UN System and Cities in Global Governance
by Chadwick F. AlgerThis is the second volume to commemorate the 90th birthday of the distinguished scholar Chadwick F. Alger to honor his lifetime achievement in international relations and as President of the International Studies Association (1978-1979). After a brief introduction by Chad F. Alger this volume presents six of his key texts on The UN System and Cities in Global Governance, focusing on "Cities as arenas for participatory learning in global citizenship"; "The Impact of Cities on International Systems"; "Perceiving, Analysing and Coping With the Local-Global Nexus"; "The World Relations of Cities: Closing the Gap Between Social Science Paradigms and Everyday Human Experience"; "Japanese Municipal International Exchange and Cooperation in the Asia-Pacific: Opportunities and Challenges" and on "Searching for Democratic Potential in Emerging Global Governance: What Are the Implications of Regional and Global Involvements of Local Governments?".
UN Territorial Administration and Human Rights: The Mission in Kosovo (Post-Conflict Law and Justice)
by Gjylbehare Bella MuratiThis book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.
Un-Veiling Dichotomies: European Secularism and Women’s Veiling (Boundaries of Religious Freedom: Regulating Religion in Diverse Societies)
by Giorgia BaldiThis book analyzes the implication of secular/liberal values in Western and human rights law and its impact on Muslim women. It offers an innovative reading of the tension between the religious and secular spheres. The author does not view the two as binary opposites. Rather, she believes they are twin categories that define specific forms of lives as well as a specific notion of womanhood. This divergence from the usual dichotomy opens the doors for a reinterpretation of secularism in contemporary Europe. This method also helps readers to view the study of religion vs. secularism in a new light. It allows for a better understanding of the challenges that contemporary Europe now faces regarding the accommodation of different religious identities. For instance, one entire section of the book concerns the practice of veiling and explores the contentious headscarf debate. It features case studies from Germany, France, and the UK. In addition, the analysis combines a wide range of disciplines and employs an integrated, comparative, and inter-disciplinary approach. The author successfully brings together arguments from different fields with a comparative legal and political analysis of Western and Islamic law and politics. This innovative study appeals to students and researchers while offering an important contribution to the debate over the role of religion in contemporary secular Europe and its impact on women’s rights and gender equality.
The UN Watercourses Convention in Force: Strengthening International Law for Transboundary Water Management
by Flavia Rocha Loures Alistair Rieu-ClarkeAt the UN General Assembly in 1997, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses – a global overarching framework governing the rights and duties of States sharing freshwater systems. Globally, there are 263 internationally shared watersheds, which drain the territories of 145 countries and represent more than forty percent of the Earth's land surface. Hence, inter-State cooperation towards the sustainable management of transboundary water supplies, in accordance with applicable international legal instruments, is a topic of crucial importance, especially in the context of the current global water crisis. This volume provides an assessment of the role and relevance of the UN Watercourses Convention and describes and evaluates its entry into force as a key component of transboundary water governance. To date, the Convention still requires further contracting States before it can enter into force. The authors describe the drafting and negotiation of the Convention and its relationship to other multilateral environmental agreements. A series of case studies assess the role of the Convention at various levels: regional (European Union, East Africa, West Africa, Central Asia, Central America and South America), river basin (e.g. the Mekong and Congo) and national (e.g. Ethiopia and Mexico). The book concludes by proposing how future implementation might further strengthen international cooperation in the management of water resources, to promote biodiversity conservation as well as sustainable and equitable use.
The UN Working Group on Arbitrary Detention: Commentary and Guide to Practice
by Jared GenserThe United Nations Working Group on Arbitrary Detention is the first comprehensive review of the contributions of this important institution to understanding arbitrary detention today. The Working Group is a body of five independent human rights experts that considers individual complaints of arbitrary detention, adopting legal opinions as to whether a detention is compatible with states' obligations under international law. Since its establishment in 1991, it has adopted more than 1,200 case opinions and conducted more than fifty country missions. But much more than a jurisprudential review, these cases are presented in the book in the style of a treatise, where the widest array of issues on arbitrary detention are placed in the context of the requirements of multilateral treaties and other relevant international standards. Written for both practitioners and serious scholars alike, this book includes five case studies and a foreword by Archbishop Desmond M. Tutu.
The Unabomber: Agent Kathy Puckett and the Hunt for a Serial Bomber (FBI Files #1)
by Bryan DensonA new true-crime series that follows FBI agents behind the scenes as they work to keep Americans safe.The Unabomber was a lone-wolf terrorist who carried out fourteen bombings that left three people dead and another twenty-three injured. A cunning genius, he dodged his FBI pursuers for nearly two decades, terrifying Americans from coast to coast. Agent Kathy Puckett, a spy hunter and highly trained psychologist, served as the turning point in the FBI's efforts to understand the mind of the faceless killer. Her insights helped send more than a hundred agents to a remote cabin in the mountains of western Montana on April 3, 1996. There the FBI captured Theodore J. Kaczynski, engineer of the most notorious bombing spree in U.S. history. Bryan Denson presents the story of the FBI's investigation of the Unabomber and the agent who helped bring him to justice.
The Unabridged Federalist Papers and Anti-federalist Papers
by John Jay James Madison Patrick HenryThe Unabridged Federalist and Anti-Federalist Papers written by Alexander Hamilton & James Madison & John Jay and Patrick Henry among others is widely considered by many to be among the most important historical collections of all time. In "The Federalist Papers," three of the founding fathers brilliantly defend their revolutionary charter: the Constitution of the United States. The Anti-Federalist Papers are a collection of articles, written in opposition to the ratification of the 1787 United States Constitution. Unlike the Federalist Papers written in support of the Constitution, the authors of these articles, mostly operating under pen names, were not engaged in a strictly organized project. Major Anti-Federalist authors included Cato (likely George Clinton), Brutus (likely Robert Yates), Centinel (Samuel Bryan), and the Federal Farmer (either Melancton Smith, Richard Henry Lee, or Mercy Otis Warren). Speeches by Patrick Henry and Smith are included as well.
Unacceptable: Privilege, Deceit & the Making of the College Admissions Scandal
by Melissa Korn Jennifer LevitzAn explosive true crime story of fraud, corruption, greed, celebrity, and justice in the cheating scandal that shattered the myth of meritocracy.The largest college admissions scam ever prosecuted by the Department of Justice broke on March 12, 2019, sending shock waves through American schools and families. In Unacceptable, veteran Wall Street Journal reporters Melissa Korn and Jennifer Levitz trace the wiretapped calls, covert payments, and blatant deceit that brought the feds to Beverly Hills mansions and Upper East Side apartments, their residents all linked by one man: college whisperer and ultimate hustler Rick Singer. The shocking tale at the heart of Unacceptable is how, over decades, the charismatic Singer easily exploited a system rigged against regular people. Exploring the status obsession that seduced entitled parents in search of an edge, Korn and Levitz detail a scheme that eventually entangled more than fifty conspirators—a catalog of wealth and privilege that included CEOs, lawyers, real-estate developers, financiers, and famous actresses, mingling in jail cells and courtrooms. Detailing Singer&’s steady rise and dramatic fall, woven with stories of key players in the case, Unacceptable exposes the ugly underbelly of elite college admissions as a game with no rule book—paid-off proctors and storied college coaches turning a blind eye, helicopter parents and coddled teens spinning lies—opening loopholes and side doors into America&’s most exclusive institutions.
Unaccompanied Children in European Migration and Asylum Practices: In Whose Best Interests? (Routledge Research in Asylum, Migration and Refugee Law)
by Mateja Sedmak Birgit Sauer Barbara GornikUnaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children’s rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children’s rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants’ rights in practice. Authors deconstruct power relations residing within the discourses of children’s rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children’s’ rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors’ survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states’ obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.
The Unaccountable State of Surveillance
by Clive Norris Paul De Hert Xavier L’hoiry Antonella GalettaThis book examines the ability of citizens across ten European countries to exercise their democratic rights to access their personal data. It presents a socio-legal research project, with the researchers acting as citizens, or data subjects, and using ethnographic data collection methods. The research presented here evidences a myriad of strategies and discourses employed by a range of public and private sector organizations as they obstruct and restrict citizens' attempts to exercise their informational rights. The book also provides an up-to-date legal analysis of legal frameworks across Europe concerning access rights and makes several policy recommendations in the area of informational rights. It provides a unique and unparalleled study of the law in action which uncovered the obstacles that citizens encounter if they try to find out what personal data public and private sector organisations collect and store about them, how they process it, and with whom they share it. These are simple questions to ask, and the right to do so is enshrined in law, but getting answers to these questions was met by a raft of strategies which effectively denied citizens their rights. The book documents in rich ethnographic detail the manner in which these discourses of denial played out in the ten countries involved, and explores in depth the implications for policy and regulatory reform.
The Unaccountable & Ungovernable Corporation: Companies' use-by-dates close in
by Frank Clarke Graeme Dean Matthew EganThe Corporation is a major vehicle of business activity worldwide. It incurs social costs and generates benefits that continually change - hence, whether it still provides a net benefit to society is contestable. Evidence-based observations of the last decade of corporate sagas and the role of accounting and auditing, suggests a serious rethink is needed about how commerce is pursued and, in particular, whether the current corporate form has passed its use-by-date. The authors of this new book - including internationally renowned accounting scholars - argue that the two major governance tools of accounting and auditing require major makeovers. Beginning by analyzing the global sweep of deregulation that corporations experienced since 2000, the authors go on to discuss the various scandals and crises that characterized the subsequent period, culminating in yet more calls for further deregulation. Having thoroughly assessed the status quo, they provide a series of urgent recommendations for reforms designed to bring the corporation back to the real world and restore its purpose. This book will be of great interest to students and academics across accounting, business, law and finance, especially more advanced students at undergraduate and postgraduate level.