Means of Transportation and Registration of Nationality

Author: Vincent P. Cogliati-Bantz
Publisher: Routledge
ISBN: 1317804511
Format: PDF, ePub
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This book examines the concept of nationality of means of transportation in terms of jurisdiction in international law. It reassesses the definition of nationality and explores how it is conferred. The book first places nationality in the broader perspective of jurisdiction in international law, and examines the historical development and necessity of the nationality of means of transportation. It goes on to investigate whether and under which conditions international organizations may confer a ‘nationality’ on means of transportation, examining the law of the sea conventions and air and space treaties. The book finally explores several questions relating to international registration of means of transportation, building a regime of international registration. Vincent Cogliati-Bantz introduces a necessary distinction between transport internationally registered and transport registered in a State but fulfilling a mission for an international organization. As a work that proposes the ability for international organisations to access international spaces without reliance on State-registered means of transport, this book will be of great use and interest to scholars and students of public international law, international organisations, and maritime, space, and aviation law.

Demilitarization and International Law in Context

Author: Sia Spiliopoulou Åkermark
Publisher: Routledge
ISBN: 1351605526
Format: PDF, Mobi
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The demilitarisation and neutralisation of the Åland Islands is a confirmation of, and an exception to, the collective security system in present-day international affairs. Its core idea is that there is no need for military presence in the territory of the islands and that they are to be kept out of military activities. A restricted use of military force has a confidence building effect in cases where competing interests may be so intense that banning the very presence of military force remains the only viable option. The regime of the Åland Islands is the result of pragmatic and contingent political compromises. As such, the case of the Åland Islands offers an alternative trajectory to the increased militarisation we witness around the world today. Through parliamentary and archival materials, international treaties and academic works, the authors examine the legal rules and institutional structures of the demilitarisation regime. In this process they reassess core concepts of international law and international affairs, such as sovereignty and security, and introduce a theoretical view on the empirical case study of the Åland Islands. The book covers legal, political and policy discursive aspects of demilitarisation, international co-operation, defence and security matters around the Baltic Sea with a broader European and global relevance. It can be a source of inspiration for all those in search of constructive efforts that can address territorial disputes and security challenges.

Latin America and the International Court of Justice

Author: Paula Wojcikiewicz Almeida
Publisher: Taylor & Francis
ISBN: 1317511360
Format: PDF, ePub
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This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

The Rule of Unwritten International Law

Author: Peter G. Staubach
Publisher: Routledge
ISBN: 1351207296
Format: PDF, Docs
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This book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek’s theory of law as a ‘spontaneous order’, an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.

European Sustainable Carriage of Goods

Author: Ellen Eftestøl-Wilhelmsson
Publisher: Routledge
ISBN: 1317633946
Format: PDF, Mobi
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This work discusses the rapidly developing European transport policy on sustainable freight and the connected efforts initiated by the European Commission (EC) on greening transport by the means of contract law. Greening transport has been a central goal for the EU for decades. The main problem has been, and still is, that far too much carriage of goods within the EU is performed unimodally: by road carriage alone. This has caused severe problems particularly in central Europe, where both trade and environment is suffering from an ineffective transport industry with growing problems of congestion and pollution. A modal shift in transport from mainly road based to a form of transport in which more environmental friendly modes such as rail, inland waterways and sea born transport are integrated into one transport chain, is hence an objective of the EU. If successful, this model could then be extended to the international transport community. The key question raised in this book is whether the traditional role of contract law is changing to such an extent that the parties involved must take external interests into account. In the case of the EU’s efforts to enhance sustainable carriage of goods within its realm, the author explores whether governmental interference is necessary, or if we can trust that the parties will integrate environmental issues into their contracts because there is a demand for such clauses. The different proposals for an EU regime on multimodal contracts of carriage are discussed in this context. This book will be of great relevance to academics and practitioners with an interest in EU law, transport law, environmental law and maritime law in general.

Routledge International Handbook of Migration Studies

Author: Steven J. Gold
Publisher: Routledge
ISBN: 1135183481
Format: PDF, ePub, Mobi
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The current era is marked by an unparalleled level of human migration, the consequence of both recent and long-term political, economic, cultural, social, demographic and technological developments. Despite increased efforts to limit its size and consequences, migration has wide-ranging impacts upon social, environmental, economic, political, and cultural life in countries of origin and settlement. Such transformations impact not only those who are migrating, but those who are left behind, as well as those who live in the areas where migrants settle. The Handbook of Migration Studies offers a conceptual approach to the study of international migration, exploring clearly the many modes of exit, reception and incorporation which involve varied populations in disparate political, economic, social and cultural contexts. How do these movements also facilitate the transmission of ideologies and identities, political and cultural practices and economic resources? Uniquely among texts in the subject area, the Handbook also provides a section devoted to exploring methods for studying international migration. Featuring forty-seven essays written by leading international and multidisciplinary scholars, the Routledge International Handbook of Migration Studies offers a contemporary, integrated and comprehensive resource for students and scholars of sociology, politics, human geography, law, history, urban planning, journalism, and health care.

The Origins of Worker Mobilisation

Author: Michael Quinlan
Publisher: Routledge
ISBN: 1351620568
Format: PDF, ePub, Docs
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This is a book on how and why workers come together. Almost coincident with its inception, worker organisation is a central and enduring element of capitalism. In the 19th and 20th centuries’ mobilisation by workers played a substantial role in reshaping critical elements of these societies in Europe, North America, Australasia and elsewhere including the introduction of minimum labour standards (living wage rates, maximum hours etc), workplace safety and compensation laws and the rise of welfare state more generally. Notwithstanding setbacks in recent decades, worker organisation represents a pivotal countervailing force to moderate the excesses of capitalism and is likely to become even more influential as the social consequences of rising global inequality become more manifest. Indeed, instability and periodic shifts in the respective influence of capital and labour are endemic to capitalism. As formal institutions have declined in some countries or unions outlawed and severely repressed in others, there has been growing recognition of informal strike activity by workers and wider alliances between unions and community organisations in others. While such developments are seen as new they aren’t. Indeed, understanding of worker organisation is often ahistorical and even those understandings informed by historical research are, this book will argue, in need of revision. This book provides a new perspective on and new insights into how and why workers organise, and what shapes this organisation. The Origins of Worker Mobilisation will be key reading for scholars, academics and policy makers the fields of industrial relations, HRM, labour economics, labour history and related disciplines.

Low Carbon Cities

Author: Steffen Lehmann
Publisher: Routledge
ISBN: 1317659139
Format: PDF, Kindle
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Low Carbon Cities is a book for practitioners, students and scholars in architecture, urban planning and design. It features essays on ecologically sustainable cities by leading exponents of urban sustainability, case studies of the new directions low carbon cities might take and investigations of how we can mitigate urban heat stress in our cities’ microclimates. The book explores the underlying dimensions of how existing cities can be transformed into low carbon urban systems and describes the design of low carbon cities in theory and practice. It considers the connections between low carbon cities and sustainable design, social and individual values, public space, housing affordability, public transport and urban microclimates. Given the rapid urbanisation underway globally, and the need for all our cities to operate more sustainably, we need to think about how spatial planning and design can help transform urban systems to create low carbon cities, and this book provides key insights.

The Legal Regime of Straits

Author: Hugo Caminos
Publisher: Cambridge University Press
ISBN: 1316060608
Format: PDF, Mobi
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The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.