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The WTO Dispute Settlement Mechanism: A Developing Country Perspective
by Alberto do Amaral Júnior Luciana Maria de Oliveira Sá Pires Cristiane Lucena CarneiroThis book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe.Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective.Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.
The WTO Regime on Government Procurement: Challenge and Reform
by Sue Arrowsmith Robert D. AndersonOriginally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.
The WTO Transit Regime for Landlocked Countries and its Impacts on Members’ Regional Transit Agreements: The Case of Afghanistan’s Transit Trade with Pakistan (European Yearbook of International Economic Law #17)
by Suhailah AkbariThis book assesses Afghanistan’s transit trade with Pakistan in the context of WTO transit regime for landlocked countries and its impacts on Members’ regional transit agreements. The key questions this book seeks to answer are the extent Afghanistan can benefit from WTO transit rules in demanding freedom of transit through the territory of Pakistan, how these rules influence the transit agreement concluded between Afghanistan and Pakistan, and finally how useful it would be to challenge Pakistan under the WTO dispute settlement system for its failure to provide Afghanistan freedom of transit and free access to and from the sea.
The WTO and Infant Industry Promotion in Developing Countries: Perspectives on the Chinese Large Civil Aircraft (Routledge Research in International Economic Law)
by Juan HeThe charter of the World Trade Organization (WTO) sets the tone that sustainable trade and economic development dominates multilateral trade negotiation and specific working agreements. This book examines the novel challenge for developing countries to upgrade and optimize their industrial structure and trade composition by stimulating genuinely innovative and competitive industrial strength. The book specifically explores the issue of infant industry promotion under the legal framework of the WTO treaties and case law. Taking the regulatory measures and incentives China has used to build up a large civil aircraft supplier, the book evaluates the key trade agreements relevant to infant industry promotional policies and practices, such as product regulations and standards under the 'Agreement on Technical Barriers to Trade', and export promotion policies under the 'Agreement on Subsidies and Countervailing Measures'. Juan He argues that the regulatory room prescribed by the multilateral trade rules of the WTO does not allow adequate space for developing countries to encourage new and technologically advanced areas of production and trade. The author concludes by suggesting ways in which WTO rules could be modified to help enable developing countries’ industrialization. In doing so, the book highlights a need to investigate how localized and international policy trends can be reconciled and enhanced towards the common goal of development. The book will be of great interest to scholars and students of international trade law, Chinese studies, international political economy, and of great use to government agencies responsible for internal trade and industrial policy decisions.
The WTO and International Investment Law Converging Systems (Cambridge International Trade and Economic Law)
by Jürgen KurtzInternational law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jürgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems. Proposes a new understanding of the relationship between international trade and investment law Offers theoretical justifications for levels of convergence between the two regimes and expands the potential readership base beyond law to other disciplinary areas Identifies vectors by which both legal regimes may achieve systemic maturation and will appeal to treaty negotiators and policy makers who are seeking to reform both systems
The WTO and the Environment: Development of competence beyond trade (Routledge Research in International Economic Law)
by James WatsonThis book is a review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties. The book addresses the development of environmental competency in the WTO and examines the arguments of those who oppose WTO rule making with impacts on the environment. The WTO’s interactions with multilateral environmental agreements are considered and recent WTO cases including the 2011 US/Mexico tuna dispute and the US sea turtles decision are analysed in detail. In examining how an international organisation which was established with a specific purpose in mind has come to interact in fields beyond its original remit, James Watson demonstrates how the dispute resolution system at the WTO has come to work in a judicialised manner, operating with an informal system of precedent. This has led to the contracting parties placing more reliance on the decisions of the dispute panels and appeal body when considering policy options, with WTO rulings increasingly influencing the behaviour of national legislatures in regard to the environment. The book goes on to make concrete recommendations, based on existing practise in the WTO dispute resolution procedure, which could enhance decision making in environmental cases heard by the WTO. The book argues that this could be achieved with straightforward amendments to the WTO, based on existing practices endorsed under the WTO for other policy considerations. The WTO and the Environment will be of particular interest to academics and students of International and Environmental law.
The WTO and the New Generation EU FTA Dispute Settlement Mechanisms: Interacting in a Fragmented and Changing International Trade Law Regime (European Yearbook of International Economic Law #19)
by Cornelia FurculițăThis book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.
The WTO, Agriculture and Sustainable Development
by Heinrich Wohlmeyer Theodor QuendlerDespite the Doha declaration of November 2001, the failure to start a new round of global trade negotiations at Seattle in December 1999 and the hostility of protesters to the trade liberalization process and growing global economic and social disparities was a wake-up call for the World Trade Organisation (WTO). The ambitious goal of this ground-breaking book is to identify the strengths and weaknesses of liberalized world trade, in particular in the agricultural sector, and to investigate to what extent the current WTO agreements provide the necessary fail-safe devices to react to trade-related negative impacts on sustainability, environmental protection and food security. The background and interrelationship between the WTO, the tenets of sustainable development and the unique features of the agriculture and forestry sectors are explored, and conclusions regarding the deficits of the world trade system and its conflicts with basic societal goals – such as sustainability – are drawn. Agriculture and forestry have a particular affinity with what the authors call "strong sustainability" and are to be among the major agenda items in forthcoming WTO negotiations. The book proposes that sustainable agricultural production techniques such as integrated and organic farming provide a series of related services to community and environment which could be severely prejudiced by wholesale trade liberalization and the imposition of the large-scale production methods of the mega-trade giants of the USA and Europe. And yet the concept of sustainability is referred to only tangentially in the existing WTO agenda. The WTO, Agriculture and Sustainable Development argues that, without a formal recognition of this failing, the premise that free trade is inherently advantageous for all countries is a falsehood. Further, unfettered liberalization is unsustainable and a social and environmental multilateral framework must be agreed to reinterpret or adapt a host of WTO regulations that are at odds with sustainable development. The core problem is that, under the current system, import duties can only be differentiated by direct goods and services and not by their means of production – sustainable or otherwise. Therefore, a range of environmental policy measures in the agricultural sector, such as the consideration of product life-cycles, the internalization of external costs and a coupling of trade liberalization with ecological obligations are proposed by the authors. In addition, they argue that unsustainable economic short-termism must be curbed and the use of the stick of trade sanctions and the carrot of financial benefits for good environmental performance be permitted to promote sustainable agricultural practices. This book will contribute greatly in addressing the lack of basic theoretical arguments at the intersection between trade and sustainable development – a failing that has already been bemoaned by trade policy-makers. It is highly recommended reading for all those involved or interested in the WTO negotiations, whether from multilateral organizations, governments, industry or civil society.
The Wages of Sin: An Ozarks Mystery (Ozarks Mysteries)
by Nancy Allen“The Elsie Arnold series deserves to run and run.”— Alex Marwood, author of The Wicked Girls and The Killer Next DoorIn rural McCown County, Missouri, a young pregnant woman is found beaten to death in a trailer park. The only witness to the murder is Ivy, her six-year-old daughter, who points to her mom’s boyfriend—father of the unborn child. County prosecutor Madeleine Thompson promises the community justice, and in the Ozarks, that can only mean one thing: a death sentence.When Madeleine’s first choice for co-counsel declines to try a death penalty case, she is forced to turn to assistant prosecutor Elsie Arnold. Elsie is reluctant to join forces with her frosty boss, but the road to conviction seems smooth—until unexpected facts about the victim arise, and the testimony of the lone eyewitness Ivy becomes increasingly crucial. Against Elsie’s advice, Madeleine brings in the state attorney general’s office to assist them, while cutthroat trial attorney Claire O’Hara joins the defense.Elsie will not let the power of prosecution—of seeking justice—be wrested from her without a fight. She wants to win the case, and to avenge the death of the mother and her unborn child. But as the trial nears, Elsie begins to harbor doubts about the death penalty itself. Meanwhile, the child Ivy is in greater danger than anyone knows.“Unflinching and gritty.” — Library Journal
The Wallace Case: Britain's Most Baffling Unsolved Murder
by Roger Wilkes'It is a formidable, indeed a damning indictment and Wilkes presents the result of his detective work with journalistic panache'P. D. JAMES, Times Literary Supplement'Roger Wilkes's seminal book lays out the facts . . . one of the great unsolved murders of the century' CRAIG TAYLOR, Guardian'I call it the impossible murder because Wallace couldn't have done it. And neither could anyone else. The Wallace case is unbeatable, it will always be unbeatable'RAYMOND CHANDLERWho really killed Julia Wallace? The final verdict.Ever since that terrible night in January 1931, when the body of Julia Wallace was found in her Liverpool home, her head crushed by violent blows, the identity of her killer has remained a mystery. Her husband, William, was accused, tried, convicted and sentenced to hang for murder, but he was then acquitted in a sensational appeal court judgement. Yet the police refused to reopen their investigation. So who did kill Julia? When Roger Wilkes started researching a dramatised radio documentary for Liverpool's Radio City, he uncovered new evidence which suggested a disturbing story - a crucial witness ignored by the police, even a suggestion of a deliberate cover-up. Finally, he provides compelling evidence as to the identify of the real killer.
The Wallace Case: Britain's Most Baffling Unsolved Murder
by Roger Wilkes'It is a formidable, indeed a damning indictment and Wilkes presents the result of his detective work with journalistic panache'P. D. JAMES, Times Literary Supplement'Roger Wilkes's seminal book lays out the facts . . . one of the great unsolved murders of the century' CRAIG TAYLOR, Guardian'I call it the impossible murder because Wallace couldn't have done it. And neither could anyone else. The Wallace case is unbeatable, it will always be unbeatable'RAYMOND CHANDLERWho really killed Julia Wallace? The final verdict.Ever since that terrible night in January 1931, when the body of Julia Wallace was found in her Liverpool home, her head crushed by violent blows, the identity of her killer has remained a mystery. Her husband, William, was accused, tried, convicted and sentenced to hang for murder, but he was then acquitted in a sensational appeal court judgement. Yet the police refused to reopen their investigation. So who did kill Julia? When Roger Wilkes started researching a dramatised radio documentary for Liverpool's Radio City, he uncovered new evidence which suggested a disturbing story - a crucial witness ignored by the police, even a suggestion of a deliberate cover-up. Finally, he provides compelling evidence as to the identify of the real killer.
The Walleye War: The Struggle for Ojibwe Spearfishing and Treaty Rights
by Larry NesperFor generations, the Ojibwe bands of northern Wisconsin have spearfished spawning walleyed pike in the springtime. The bands reserved hunting, fishing, and gathering rights on the lands that would become the northern third of Wisconsin in treaties signed with the federal government in 1837, 1842, and 1854. Those rights, however, would be ignored by the state of Wisconsin for more than a century. When a federal appeals court in 1983 upheld the bands' off-reservation rights, a deep and far-reaching conflict erupted between the Ojibwe bands and some of their non-Native neighbors. Starting in the mid-1980s, protesters and supporters flocked to the boat landings of lakes being spearfished; Ojibwe spearfisher-men were threatened, stoned, and shot at. Peace and protest rallies, marches, and ceremonies galvanized and rocked the local communities and reservations, and individuals and organizations from across the country poured into northern Wisconsin to take sides in the spearfishing dispute. From the front lines on lakes to tense, behind-the-scenes maneuvering on and off reservations, The Walleye War tells the riveting story of the spearfishing conflict, drawing on the experiences and perspectives of the members of the Lac du Flambeau reservation and an anthropologist who accompanied them on spearfishing expeditions. We learn of the historical roots and cultural significance of spearfishing and off-reservation treaty rights and we see why many modern Ojibwes and non-Natives view them in profoundly different ways. We also come to understand why the Flambeau tribal council and some tribal members disagreed with the spearfishermen and pursued a policy of negotiation with the state to lease the off-reservation treaty rights for fifty million dollars. Fought with rocks and metaphors, The Walleye War is the story of a Native people's struggle for dignity, identity, and self-preservation in the modern world. Larry Nesper an assistant professor of anthropology at the University of Wisconsin-Madison.
The Walls Within: The Politics of Immigration in Modern America (Politics and Society in Modern America #136)
by Professor Sarah ColemanA history of the battles over US immigrants’ rights since 1965—and how these conflicts reshaped access to education, employment, civil liberties, and moreThe 1965 Hart-Celler Act transformed the American immigration system by abolishing national quotas in favor of a seemingly egalitarian approach. But subsequent demographic shifts resulted in a backlash over the social contract and the rights of citizens versus noncitizens. In The Walls Within, Sarah Coleman explores those political clashes, focusing not on attempts to stop immigration at the border, but on efforts to limit immigrants’ rights within the United States through domestic policy. Drawing on new materials from the Carter, Reagan, and Clinton administrations, and immigration and civil rights organizations, Coleman exposes how the politics of immigration control has undermined the idea of citizenship for all.Coleman shows that immigration politics was not just about building or tearing down walls, but about employer sanctions, access to schools, welfare, and the role of local authorities in implementing policies. In the years after 1965, a rising restrictionist movement sought to marginalize immigrants in realms like public education and the labor market. Yet throughout the 1970s and 1980s, restrictionists faced countervailing forces committed to an expansive notion of immigrants’ rights. In the 1990s, with national politics gridlocked, anti-immigrant groups turned to statehouses to enact their agenda. Achieving strength at the local level, conservatives supporting immigration restriction actually acquired more influence under the Clinton presidency than even during the so-called Reagan revolution, resulting in dire consequences for millions of immigrants.Revealing the roots behind much of today’s nativist sentiment, The Walls Within examines debates about who is entitled to the American dream, and how such dreams can be subverted for those already calling the country home.
The Waltz of Reason: The Entanglement of Mathematics and Philosophy
by Karl Sigmund"A mind-bending jaunt ... that makes clear in fascinating detail how math is more than a sum of its parts" (Publishers Weekly) &“Let no one ignorant of geometry enter here,&” Plato warned would-be philosophers. Mathematician Karl Sigmund agrees. In The Waltz of Reason, he shows how mathematics and philosophy together have shaped our understanding of space, chance, logic, cooperation, voting, and the social contract. Sigmund shows how game theory is integral to moral philosophy, how statistics shaped the meaning of reason, and how the search for a logical basis for math leads to deep questions about the nature of truth itself. But this is no dry tome: Sigmund&’s wit and humor shine as brightly as his erudition.The Waltz of Reason is an engrossing history of ideas as vibrant as a ballroom full of dancers, one that empowers as it entertains, following the complex and occasionally dizzying steps of the thinkers who have molded our thought and founded our world.
The War Against Nonhuman Animals: A Non-Speciesist Understanding of Gendered Reproductive Violence
by Stacy BanwellWe are currently engaged in an existential species war against nonhuman animals. This book argues that, during this war, nonhuman animals should be granted legal personhood and treated as ‘protected persons’ rather than the property of ‘protected persons.’ The main argument is that War Crimes and Crimes against Humanity – rape, forced pregnancy and other acts of sexual violence – are being committed within the meat, egg and dairy industries. Avoiding ‘dreaded comparisons’, the book explores shared sources of oppression between human and nonhuman animals who are subject to the expressions and consequences of reproductive violence. It asks: what drives and facilitates the war against nonhuman animals? And what are the global consequences of this war? Throughout, it demonstrates how racism, sexism, and speciesism informs both intrahuman violence and the violence(s) of the animal-industrial complex. Ultimately the book asks us to reconsider what it means to be human.
The War Against the Greens: The "Wise-Use" Movement, the New Right, and Anti-Environmental Violence
by David HelvargA shadowy backlash against environmentalists has begun to emerge in America, the most visible element of which calls itself the "Wise Use" movement. Among its stated goals are the unregulated use of timber, oil, gas, minerals, and range land, and the abolition of all environmental laws and agencies.
The War Crime of Child Soldier Recruitment
by Julie McbrideThe practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.
The War Inside
by Michal ShapiraThe War Inside is a groundbreaking history of the contribution of British psychoanalysis to the making of social democracy, childhood, and the family during World War II and the postwar reconstruction. Psychoanalysts informed understandings not only of individuals, but also of broader political questions. By asserting a link between a real 'war outside' and an emotional 'war inside', psychoanalysts contributed to an increased state responsibility for citizens' mental health. They made understanding children and the mother-child relationship key to the successful creation of a democratic citizenry. Using rich archival sources, the book revises the common view of psychoanalysis as an elite discipline by taking it out of the clinic and into the war nursery, the juvenile court, the state welfare committee, and the children's hospital. It traces the work of the second generation of psychoanalysts after Freud in response to total war and explores its broad postwar effects on British society.
The War Of The Lamb: The Ethics Of Nonviolence And Peacemaking
by Glen Harold Stassen John Howard Yoder Mark T. Nation Matt HamsherJohn Howard Yoder was one of the major theologians of the late twentieth century. Before his death, he planned the essays and structure of this book, which he intended to be his last work. Now two leading interpreters of Yoder bring that work to fruition. <p><p> The book is divided into three sections: pacifism, just war theory, and just peacemaking theory. The volume crystallizes Yoder's argument that his proposed ethics is not sectarian and a matter of withdrawal. He also clearly argues that Christian just war and Christian pacifist traditions are basically compatible--and more specifically, that the Christian just war tradition itself presumes against all violence.
The War Power in an Age of Terrorism
by Michael A. Genovese David Gray AdlerThis book features a lively debate between two prominent scholars--Michael A. Genovese and David Gray Adler--on the critical issue of whether the Constitution, written in the 18th Century, remains adequate to the national security challenges of our time. The question of the scope of the president's constitutional authority--if any--to initiate war on behalf of the American people, long the subject of heated debate in the corridors of power and the groves of academe, has become an issue of surpassing importance for a nation confronted by existential threats in an Age of Terrorism. This question should be thoroughly reviewed and debated by members of Congress, and considered by all Americans before they are asked to go to war. If the constitutional allocation of powers on matters of war and peace is outdated, what changes should be made? Is there a need to increase presidential power? What role should Congress play in the war on terror?
The War That Doesn't Say Its Name: The Unending Conflict in the Congo
by Jason K. StearnsWhy violence in the Congo has continued despite decades of international intervention Well into its third decade, the military conflict in the Democratic Republic of the Congo has been dubbed a “forever war”—a perpetual cycle of war, civil unrest, and local feuds over power and identity. Millions have died in one of the worst humanitarian calamities of our time. The War That Doesn’t Say Its Name investigates the most recent phase of this conflict, asking why the peace deal of 2003—accompanied by the largest United Nations peacekeeping mission in the world and tens of billions in international aid—has failed to stop the violence. Jason Stearns argues that the fighting has become an end in itself, carried forward in substantial part through the apathy and complicity of local and international actors.Stearns shows that regardless of the suffering, there has emerged a narrow military bourgeoisie of commanders and politicians for whom the conflict is a source of survival, dignity, and profit. Foreign donors provide food and urgent health care for millions, preventing the Congolese state from collapsing, but this involvement has not yielded transformational change. Stearns gives a detailed historical account of this period, focusing on the main players—Congolese and Rwandan states and the main armed groups. He extrapolates from these dynamics to other conflicts across Africa and presents a theory of conflict that highlights the interests of the belligerents and the social structures from which they arise.Exploring how violence in the Congo has become preoccupied with its own reproduction, The War That Doesn't Say Its Name sheds light on why certain military feuds persist without resolution.
The War That Must Not Occur
by Jean-Pierre DupuyThe possibility of a nuclear war that could destroy civilization has influenced the course of international affairs since 1945, suspended like a sword of Damocles above the heads of the world's leaders. The fact that we have escaped a third world war involving strategic nuclear weapons—indeed, that no atomic weapon of limited power has yet been used under battlefield conditions—seems nothing short of a miracle. Revisiting debates on the effectiveness and ethics of nuclear deterrence, Jean-Pierre Dupuy is led to reformulate some of the most difficult questions in philosophy. He develops a counterintuitive but powerful theory of apocalyptic prophecy: once a major catastrophe appears to be possible, one must assume that it will in fact occur. Dupuy shows that the contradictions and paradoxes riddling discussions of deterrence arise from the tension between two opposite conceptions of time: one in which the future depends on decisions and strategy, and another in which every occurring event is one that could not have failed to occur. Considering the immense destructive power of nuclear warheads and the almost unimaginable ruin they are bound to cause, Dupuy reaches a provocative conclusion: whether they bring about good or evil does not depend on the present or future intentions of those who are in a position to use them. The mere possession of nuclear weapons is a moral abomination.
The War in Court: Inside the Long Fight against Torture
by Lisa HajjarHow hundreds of lawyers mobilized to challenge the illegal treatment of prisoners captured in the war on terror and helped force an end to the US government's most odious policies. In The War in Court, sociologist Lisa Hajjar traces the fight against US torture policy by lawyers who brought the "war on terror" into courts. Their victories, though few and far between, forced the government to change the way prisoners were treated and focused attention on state crimes perpetrated in the shadows. If not for these lawyers and their allies, US torture would have gone unchallenged because elected officials and the American public, with a few exceptions, did nothing to oppose it. This war in court has been fought to defend the principle that there is no legal right to torture. Told as a suspenseful, high-stakes story, The War in Court clearly outlines why challenges to the torture policy had to be waged on the legal terrain and why hundreds of lawyers joined the fight. Drawing on extensive interviews with key participants, her own experiences reporting from Guantánamo, and her deep knowledge of international law and human rights, Hajjar reveals how the ongoing fight against torture has had transformative effects on the legal landscape in the United States and on a global scale.
The War in Ukraine and International Law
by Dai Tamada Masahiko AsadaThe war in Ukraine is fast approaching its second anniversary since its commencement on 24 February 2022 as a blatant aggression by Russia. As we discuss in detail in this book, there are multiple international legal issues that arise and require addressing. What is more, the very international legal order is under threat, insofar as the fundamental international law obligations are not being complied with and the basic international rules are utterly ignored. This book discusses a number of international law issues arising from the war in Ukraine. It covers not only the traditional subjects of war, such as jus ad bellum, international criminal law, and the law of neutrality, but also the relatively new issues arising from the economic sanctions against Russia, including aspects of the WTO law and international investment law. This book provides the readers with opportunities to reconsider the various legal aspects of the war in Ukraine.
The War on Corruption in China: Local Reform and Innovation (China Policy Series)
by Sunny L. YangHaving engaged in an intensified war against corruption for more than four decades since the period of reform and opening up, China is now at a turning point in its anti-corruption agenda. Many believe that building government integrity has been a top-down process in China, and the anti-corruption strategies taken by the current administration seem to have confirmed it. This book challenges the view by analyzing local anti-corruption innovations in recent years and argues for the importance of bottom-up efforts in controlling corruption. The book attempts to answer the question of whether the rise of local anti-corruption innovations has helped China to pursue anti-corruption reform more effectively and, if so, why. It proceeds to analyze the major patterns of local anti-corruption innovations, the ways in which they have been initiated and implemented, and the factors influencing their success or failure. The book includes more than 400 cases of local innovative anti-corruption reforms in China in recent years. This book will be a useful reference for those interested in learning more about anti-corruption studies and also contributes to the study of corruption and anti-corruption reform in China by providing solid and fresh evidence of anti-corruption innovation by local governments.