The present book invites the reader to rethink some questions raised in EU external relations law in the light of recent developments in the case law of the Court of Justice, from the perspective of the constitutional foundations of the Union. The various chapters invite the reader to take a look at the balance between the specific legal regime for EU external action and the constitutional fund…
Areas of limited statehood, in which the territorial State lacks effective control, either completely or in part, challenge International Humanitarian Law in various ways. This volume explores if and how the law adapts to these challenges on the basis of mainly two legal issues: detention and investment protection in (non-)international armed conflict. Does a sufficient legal basis exist for th…
China’s accession to the World Trade Organization (WTO) has had profound consequences for the structure of its economy, and there will many more before the full benefits of an open trading regime will be realised. Agriculture and Food Security in China explains the background to China’s WTO accession and links accession to reforms beginning as far back as 1979. The book highlights China’s…
This volume takes a fresh look at climate change as a threat to peace and its impacts on cultural heritage and cultural diversity. It proceeds under the assumption that the impacts of climate change on cultural heritage and cultural diversity may challenge sustainable global peace. As innovative feature, the interdisciplinary nexus between cultural heritage and peace is explicitly taken account…
With the benefit of hindsight, presenting the Treaty of Versailles as an example of ‘peace through law’ might seem like a provocation. And yet, the extreme variety and innovativeness of international procedural and substantial ‘experiments’ attempted as a result of the Treaty of Versailles and the other Paris peace treaties of 1919–1920 remain striking even today. While many of these …
The General Data Protection Regulation (GDPR) replaced the old and battered Data Protection Directive on 25 May 2018 after a long-drawn reform. The rapidly evolving technological landscape will test the ability of the GDPR to effectively achieve the goals of protecting personal data and the free movement of data. This book proposes a technological supplement to achieve the goal of data protecti…
Biopatents frequently disclose sequences of polypeptides and nucleic acids in the written description. The claims often cover a homology range surrounding the disclosed sequence to get a broader protection. However, homology claims face a hurdle that they may lack support by the written description. The Supreme Court of China ruled that homology claims lack support, but a further limitation by …
Joseph O'Mahoney systematically analyses 21 case studies – including the Manchurian Crisis, the Turkish invasion of Cyprus and Russia’s annexation of Crimea – to explore why so many states have adopted a policy of non-recognition of the spoils of war.
Providing perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community.It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan …
By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.