Frontmatter -- Contents -- Foreword -- Introduction / Bernier, Ivan / Cairns, Alan / Smith, David C. -- Preface / Quinn, John -- Acknowledgments -- Introduction -- Canadian Interests and Concerns -- National Ocean Policy in the Wake of UNCLOS III -- Basic Foreign Policy Issues After UNCLOS III -- Conclusion: Canada in the Age of Ocean Development and Management -- Notes
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Preliminary Material /Ying-Jeou Ma --The Role of Soft Law in the Governance of International Economic Relations in Asia /Paul J. Davidson --The Imbalanced Development of the Chinese Legal System /Wen-Chieh Wang and Min-Chiuan Wang --Individual Responsibility in International Law for Crimes Against Humanity: The Attorney-General of the Government of Israel v. Adolf Eichmann (1961) /John K.T. Chao --The Comparative Analysis on the Treatments of Vertical Price-Fixing between U.S. Antitrust Law and Taiwan's Antitrust Law /Richard Y. Fang --The Criteria of Statehood in International Law and the Hallstein Doctrine: The Case of the Republic of China on Taiwan /Augusto Hernández-Campos --Comparing Qualified Foreign Institutional Investors (QFII) Mechanisms in Mainland China and Taiwan /Tat Pang Lin --Taiwan's Achievement in the Reduction of High Sea Fishing Capacity between 2004 and 2006 at the International Commission for the Conservation of Atlantic Tunas /Michael Sheng-ti Gau --Taiwan's First Trade Policy Review in the World Trade Organization (June 20 and 22, 2006) /Chen-huan Hsiao --Contemporary Practice and Judicial Decisions of The Republic of China Relating to International Law, 2006 /Chun-i Chen , Yufan Li , Chih-Sheng Lee , and Pei-Lun Tsai --Cross Currents: Regionalism and Nationalism in Northeast Asia Gi-Wook Shin and Daniel C. Sneider (eds.) Washington, D.C.: Brookings Institution Press, 2007, 304 pp /Seung-hoon Heo --Bibliography of Books and Articles on International and Comparative Law Relevant to Taiwan (2000–2006) /Pasha L. Hsieh and Steven Y. Wu --Treaties/Agreements and Official, Semi-Official or Unofficial Agreements Concluded by The Republic of China with Other Countries in 2006 /Chun-i Chen and Pei-Lun Tsai --Paul Guggenheim Prize /Ying-Jeou Ma --Guidelines for Submitting Articles to The Chinese (Taiwan) Yearbook of International Law and Affairs /Ying-Jeou Ma --Table of Cases /Ying-Jeou Ma --Index /Ying-Jeou Ma.
"Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups. In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context; along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, it also, however, demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited. With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies"-- Provided by publisher
The international law of sovereign immunity derives from state practice embodied in national judicial decisions and legislation. Although some U.S. Supreme Court decisions refer to this body of law using terms like "grace and comity," the customary international law of sovereign immunity is law, which national courts should consider when arriving at immunity decisions. While it would be possible for a widely followed international treaty to work changes in customary international law, the UN Convention on Jurisdictional Immunities of States and Their Property has not done so yet. National legislation such as the U.S. Foreign Sovereign Immunities Act can precipitate changes in the international law of sovereign immunity, as can innovative lawsuits prompting national courts to reexamine theories of immunity. The International Court of Justice should refrain from interfering with the ability of national institutions to provide remedies for wrongful conduct of the type involved in Germany's suit against Italy.
"This interdisciplinary book explores how those who employ terrorist tactics across international borders intend to achieve their strategic goals by targeting a government's legitimacy. Because legitimacy must be bestowed through compliance from below, a shift away from the traditional top-down approach must be undertaken to account for the views of citizens. The spheres of legality, morality and efficacy serve to conceptualize legitimacy as this target of terrorism To explore this hypothesis, the author uses the framework of international law to investigate the case study of the cross-border 'war on terror' launched by the United States.Thus this work represents the conscious integration of two disciplines: international law and political philosophy. Through their integration, we see that civil societies have often turned to the standards of international law to understand and judge the legitimacy of their government's counterterrorism policies reaching across international borders. The end result is that counterterrorism's long-term effectiveness hinges on adopting policies which take into account international obligations based not only in codified legality, but in morality and efficacy as well. As the first element is the modern language of diplomacy and the other two have deep roots in diplomatic relations, this tripartite relationship has direct diplomatic implications. In essence, this is a book about 'legitimate' counterterrorism policy. The author's concept of legitimacy as a target illuminates the need for placing legitimacy at the center of counterterrorism studies, and the book explores its shape and utility as an analytical tool through the application of three intersecting conceptual lenses.This book will be of much interest to students of international law, diplomacy, counter-terrorism, political philosophy, security studies and IR"--
The Åland Islands constitute a very special case in international law. This island territory under Finland's sovereignty has been demilitarised and neutralised for more than one hundred and forty years and autonomous for more than seventy years. In 1921 the Council of the League of Nations laid down international guarantees for the autonomy and the Swedish character of Åland, and a multilateral convention on Åland's demilitarisation and neutralisation was concluded in the same year. The convention is still in force and Åland's autonomy is firmly anchored in both customary international law and Finnish constitutional law. This volume is the first to comprehensively analyse Åland's international legal status. Coverage of its articles includes: analyses of the status and content of Åland's autonomy, military issues, and the relationship between Åland and the EU. The solution achieved for Åland may provide a valuable model of autonomy. This book is important not only for experts and students of international law, but for anyone concerned with territorial autonomy as a possible means for enhancing political rights of minorities
Vigilantes Beyond Borders: NGOs as Enforcers of International Law, de Mette Eilstrup-Sangiovanni y J.C Sharman (2022) es un libro que aborda el papel de las organizaciones no gubernamentales (ONG) como agentes independientes para la aplicación y el cumplimiento del derecho internacional. Los autores examinan el surgimiento de las ONG como actores en la política internacional y de qué forma se sirven de su influencia para promover la aplicación y el cumplimiento del derecho internacional. Buscan responder dos preguntas clave: ¿por qué hemos visto el reciente ascenso de agentes de ley no estatales en el nivel internacional?, y ¿por qué algunas ONG ejercen como agentes de ley mientras otras se mantienen con las estrategias tradicionales de apoyar o entregar servicios para los gobiernos? Para responderlas, se analiza el rol de estas organizaciones como vigilantes de la aplicación de la normativa internacional en el campo de los derechos humanos, el medio ambiente y la lucha contra la corrupción. ...