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Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
The United Nations Convention on the Law of Sea (‘UNCLOS’) is hailed as one of the most significant multilateral legal agreements executed in the past few decades. However, its shortcomings are neither trivial nor inconsequential, especially regarding maritime boundary disputes involving hydrocarbon resources. This monograph examines the relationship between UNCLOS and maritime boundaries in five non-polar regions, encompassing almost 90% of global unresolved disputes involving offshore hydrocarbon development. The regions, which include the eastern Mediterranean, the Caspian Sea, the Persian Gulf, northeast Asia, and the South China Sea, were chosen for their oil and gas resources potential and recent military skirmishes that have the potential to lead to wider regional confrontations. The book addresses each region’s maritime boundary status in the context of specific articles within UNCLOS that have been exploited by disputing states to justify their overlapping claims. The history and future applicability of multilateral Joint Development Area agreements for each region are evaluated for their potential to provide a cooperative solution to resolve ongoing tensions. Highlighting the limitations of current ‘gun-boat’ diplomacy, the monograph makes practical suggestions for new paradigms for resolving outstanding disputes, promoting lasting peace and generating economic benefits resulting from resource development.
The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor. Whereas the prohibition of rape has been consistently recognised in these areas of law, the definition of the offence has been a later concern to international law. Attempts to define the crime have, however, been made by the ad hoc tribunals (International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia), regional human rights courts and UN treaty bodies. Increasing duties are thus placed on states, not only to prevent rape through the enactment of criminal laws, but to adopt specific elements of the crime in domestic legislation. This study systematises and analyses such emerging obligations in international law. This leads to overarching questions on the fragmentation and harmonisation of norms between various regimes in international law.
This book places the discussion on reform of the Security Council membership in the context of its primary responsibility at the helm of the UN collective security system.
Spaceflight is a rational undertaking, yet full of emotions. It is a dream of mankind and a multi-billion industry likewise. It is subject to a distinct branch of law – and moreover part of modern pop culture. In short: spaceflight is fascinating. “Outer Space in society, politics and law” is an inter-disciplinary approach to the understanding of modern space law. Technical, cultural and historical aspects lay the foundation for a sound comprehension why space law norms have been established and what they mean in practice. The reader will realize the impact space and spaceflight have on society – from Stonehenge to climate change. A new approach to presenting space law: comprehensive and illustrative. “We live in a society absolutely dependent on science and technology and yet have cleverly arranged things so that almost no one understands science and technology. That's a clear prescription for disaster.” Carl Sagan
This three-volume set is a rich resource for readers in any discipline interested in understanding the global, regional, and domestic experiences of LGB people. This interdisciplinary set makes a vital contribution to understanding how LGB rights are progressing—and in some cases, regressing—around the globe. The three volumes look at the lived experiences of LGB people from varied perspectives and provide comprehensive coverage on a wide variety of topics ranging from LGB youth and LGB aging to the approaches to LGB people of different religions, including Islam, Judaism, and Christianity. Chapters focus on topics including the ongoing criminalization of same-sex sexual conduct and how international human rights law can be used to improve the lives of LGB people. Particular attention is paid to the rights of bisexuals, a group often ignored in works focusing on sexual orientation. Volume 1 focuses on history, politics, and culture relating to LGB people; Volume 2 focuses on the laws—domestic and international—governing LGB people; and Volume 3 provides snapshots of the current state of LGB experience in countries worldwide, presented by geographical region: Europe, the Americas, Africa, the Middle East, and the Asia Pacific region.