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As businesses search increasingly for opportunities beyond their national borders, they face the risk that political change in other countries will jeopardize their efforts. Anything from minor shifts in regulations to sudden revolutions can threaten business investment, trade, and credit. Virginia Haufler shows that a crucial factor in the expansion of global markets has been the private sector's creation of a sophisticated insurance industry to redistribute the risks entailed in foreign commerce, a privately constructed safety net for international transactions. Haufler believes that the network of relationships and institutions established by the insurers constituted a privately led regime for the management of international risk. She analyzes political risks insurance during three periods of substantial uncertainty: the era from the turn of the century to the beginning of World War I, when British global power began to wane; the interwar years, leading up to the collapse of world trade and a second world war; and the "debt crisis" decade of the 1980s. Public and private involvement in supplying insurance against international risks has varied depending on demand, the availability of resources, and the norms of what can be insured. As the scale and complexity of risks have expanded, Haufler suggests, responsibility has shifted from commercial insurers first to the state and now to multilateral institutions.
The 'British Year Book of International Law' is a key reference resource for academics and practising lawyers, providing up-to-date information on important developments in modern international law.
This is the first comprehensive study of the law governing professional misconduct by defence lawyers before the International Criminal Court. The ICC's regulatory regime was introduced in response to instances of misconduct experienced by other international and domestic criminal courts. The book first turns to how the ICC's forerunners - the International Criminal Tribunals for the former Yugoslavia and Rwanda and the Special Court for Sierra Leone - coped with misconduct, often resulting in controversy. The book also looks at the approaches that have evolved in Germany and the United States, reflecting the different role of defence lawyers in the civil and common law criminal justice traditions. The book offers a unique insight into the professional responsibilities of defence lawyers within the various international and national regimes. Offering practical guidance on disciplinary systems and other sanctioning mechanisms, it also explores the inherent tension at the heart of the defence lawyer's role: to ensure the human right to a fair trial we want them to be zealous advocates for their clients; at the same time we ask them to commit themselves as officers of the court.
The trading relationship between the United States and China, though now robust, was a recent and hardly inevitable development. Political animosity stemming from the Korean War and America's subsequent strategic embargo of China broke off economic and cultural ties. Following two decades of China's international isolation, as the United States sought to realign the geopolitical order in the 1970s, Washington began to engineer a restoration of its relationship with China. Diplomatic historians have carefully documented the formal and governmental intrigues of Nixon, Kissinger, Mao, and Zhou Enlai. As this book shows, a vigorous reconstruction of bilateral ties was unfolding simultaneously at the level of informal diplomacy, especially in the realm of US-China trade. Central to understanding the renewal of bilateral commerce is the National Council for United States-China Trade, an organization that, although nongovernmental, was established in 1973 with Washington's encouragement and oversight. The Council organized major American corporations not only to engage in commercial exchanges with China, but also to function as a diplomatic backchannel between Washington and Beijing before the two nations restored formal relations in 1979. Using the Council to historicize the entangling of the American and Chinese economies, Forgotten Vanguard not only reveals globalization's contingent path but also exposes the hidden importance of informal trade diplomacy in building the modern US-China relationship. This book will appeal to those with an interest in Cold War history, international relations, and the history of American diplomacy, with particular emphases on informal diplomacy and the modern history of the US-China economic relationship.
In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights law. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Judges and Prosecutors Programme in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The Special Panels for Serious Crimes in East Timor suspended operation in May 2005, although there continues to be some international involvement in investigation and prosecution of serious crimes. Suggestions have also been made that this model of tribunal would be appropriate for the prosecution of atrocities committed in, among others, Burundi, the Sudan, the Democratic Republic of Congo, Kenya and Liberia, as well as for a wider range of international crimes, most recently piracy. The key aims of this book are: to place the model of hybrid and internationalised tribunals in the context of other mechanisms to try international crimes; to examine the increasing demand for the establishment of hybrid and internationalised judicial institutions and the factors driving such demand; to define the category of 'hybrid and internationalised tribunals' by examining the key features of the existing and proposed hybrid or internationalised tribunals, as well as the features of those institutions with international elements that are generally excluded from this category; to determine the legal and jurisdictional bases of existing hybrid and internationalised tribunals; to analyse how the legal and jurisdictional basis of a tribunal affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of the tribunal with the host state, third states, national courts and other international criminal tribunals. The book concentrates on the definitional, legal and jurisdictional aspects of hybrid and internationalised criminal tribunals as this has been the subject of some confusion in arguments before the tribunals and in the judgments of the tribunals. In its concluding section, the book examines the future role of internationalised and hybrid criminal tribunals, particularly in light of the establishment of the ICC, and the potential use of such tribunals in other contexts. It also assesses how hybrid and internationalised tribunals fit into a 'multi-layered framework' of international criminal law and transitional justice.
Despite the gains made by gay rights movements throughout the world, there are still areas in which homosexuals and their relationships are targeted as immoral and criminal. Sociolegal Control of Homosexuality, a comprehensive, up-to-date examination of governmental and religious reaction to issues of sexual orientation in regions - such as Asia and the Middle East - not often covered in English language publications, includes: a sampling of international legislation, both proscriptive and liberal the effects of fundamentalist religious movements new scientific information concerning the origin of sexual orientation, and much more! £/LIST£
This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict.
"This work will be very valuable for academic and public libraries supporting prelaw, law, social, and cultural studies. Summing Up: Highly recommended. Upper-level undergraduates through professionals/practitioners; general readers." —CHOICE There are two aspects of scholarship about the legal systems of our day that are especially salient—one being for the first time there is a fair amount of genuine research on legal systems, and two, that this research is increasingly global. As soon as you cross a jurisdictional line, even if it separates countries that are very similar, you enter a different legal system. It cannot be assumed that any particular rule, doctrine, or practice is the same in any two jurisdictions, regardless of how close these jurisdictions are, in terms of history and tradition. The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia′s coverage, American and international law and society will be better understood within its historical and comparative context. Key Features: Includes more than 700 biographical entries that are historical, comparative, topical, thematic, and methodological Presents the rich diversity of European, Latin American, Asian, African, and Australasian developments for the first time in one place to reveal the truly holistic, interdisciplinary virtues of law and society Examines how and why legal systems grow and change, how and why they respond (or fail to respond) to their environment, how and why they impact the life of society, and how and why the life of society impacts in turn these legal systems With borders more porous than ever before, this Encyclopedia reflects the paradoxical reality of modern life, including legal life. This valuable resource aims to present research, along with the theories on which it is grounded, fairly and comprehensively and is a must-have for all academic libraries.