International Law

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  • Post-War Restoration of Property Rights Under International Law 2 Volume Set: Volume

    Several international mass claims programmes have recently been established to process individual claims arising from armed conflicts. These entities possess specific institutional and structural features allowing for an effective and efficient resolution of claims. Moreover, violation of international law protecting property during war gives rise to inter-State and individual reparation, mostly partial, for which monetary compensation is more frequent than return of property. These programmes have also developed specific procedures to handle the administration of evidence and new techniques to decide all of the claims within a reasonable period of time. This 2-volume set reviews modern-day mass claims practice. Volume I shows how new mass claims programmes have built upon traditional dispute resolution mechanisms, and also examines the substantive law rules protecting property rights. Volume II focuses on the administration of evidence and the techniques developed to decide mass claims, including the use of statistical sampling.
    65,77  TL657,72  TL
  • The Limits of Law: The Public Regulation of Private Pollution

    Sert Kapak
    This book examines the systematic constraints on U.S. law enforcement agencies' efforts to regulate business behavior. It looks specifically at the postwar development of laws regulating water pollution and at the Environmental Protection Agency's efforts to enforce them. The discussion traces the factors leading to legal change and analyzes the ways in which the impacts of environmental laws vary from their stated purposes and goals, even under relatively favorable conditions for their enforcement. It shows how legal processes and social relations mutually constrain and shape one another as the state struggles to manage often contradictory responsibilities, in this case to encourage both economic growth and environmental welfare. The book is principally directed at social scientists and their students in the areas of sociology of law, public policy, political sociology, political economy and criminology. It is also directed at legal and policy practitioners in environmental regulation and educated lay readers concerned with environmental policy.
    32,66  TL326,59  TL
  • Like Water on Stone: The Story of Amnesty International

    Sert Kapak
    When British attorney Peter Beneson founded Amnesty International in 1961 to campaign for the release of political prisoners, his idea of bombarding offending governments with letters, postcards, and telegrams was sharply criticized as "one of the larger lunacies of our time." Forty years later, with more than one million members and supporters in over 160 countries and territories, London-based Amnesty has impacted individual lives and played a significant role in shaping public policy, if not always practice, of governments around the globe. Amnesty's extraordinary strategies to reduce human rights abuses are critically examined in this objective look at the successes and failures of the organization over the last four decades. In Like Water on Stone, author Jonathan Power recognizes Amnesty's considerable achievements-the difficult struggles in Guatemala to help those facing death squads, discusses the case in the Central African Republic where Amnesty's masterful detective work exposed the massacre of defenseless children, and investigates attempts to bring former Chilean strongman Augustine Pinochet to justice. But Power does not shy away from raising the difficult questions about Amnesty's strategies. Do Amnesty's campaigns lead repressive governments to murder rather than jail political prisoners? Is the organization's research and reports always accurate? Was Amnesty right to label British methods of interrogation in Northern Ireland as "torture?" Was Amnesty right to lobby for better prison conditions for the notorious Baader-Meinhoff gang in Germany? Like Water on Stone also explores Amnesty's efforts in China, Morocco, Sri Lanka, and Colombia. A sobering review of Amnesty's work in the United States considers the hypocrisies of a nation that champions human rights abroad but tolerates police brutality, racial profiling, and capital punishment within its own borders. One of Amnesty's best known adopted political prisoners, Olusegun Obasanjo, now the democratically elected president of Nigeria and a personal friend of author Power, once described Amnesty International as operating "like water on stone." According to Jonathan Power, the world is indeed a better place because of the organization's slow yet steady strides in the fight for human rights.
    26,20  TL79,38  TL
  • The Export Control and Embargo Handbook

    The Export Control and Embargo Handbook

    Sert Kapak
    The Export Control and Embargo Handbook, Third Edition is a comprehensive examination of export administration regulations. While most currently available titles covering export control and embargo law carry a broader international focus, U.S. regulations are the central topic of this book. The Export Control and Embargo Handbook provides the very latest information on the embargo, transaction, and currency controls administered by the Commerce, State, Energy, and Treasury Departments, as well as the Nuclear Regulatory Commission. This fully updated third edition is useful for individuals involved in issues surrounding both the exporting from the U.S. and re-exporting U.S.-origin goods and technology, as well as for transactions involving embargoed countries and their products. Offering a detailed analysis of licensing requirements and exceptions from a well-known expert in the field, the book also provides convenient access to the relevant excerpts from the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Blending information with practical application, Eric L. Hirschorn's in-depth analysis of the key U.S. export restrictions on 'dual use' goods, software and technology, defense articles, technology and services, and nuclear equipment and technology, along with the rules governing dealings with embargoed countries, make this an invaluable asset for legal practitioners in the export industry. Any lawyer or government official involved in embargo issues can easily access necessary information using the detailed Table of Contents and thorough index. Law students preparing for a career in trade law will also benefit from the book's accessible style.
    Temin Edilemiyor
  • Identities: Time, Difference, and Boundaries

    Identities: Time, Difference, and Boundaries

    Sert Kapak
    Bridging the gap between historical theory and the study of historical memory, this series crosses the boundaries between both academic disciplines and cultural, social, political and historical contexts. In an age of rapid globalization, which tends to manifest itself on an economic and political level, locating the cultural practices involved in generating its underlying historical sense is an increasingly urgent task. "Identity" has become a core concept of the social and cultural sciences. Bringing together perspectives from sociology, anthropology, psychology, history, and literary criticism, this book offers a comprehensive and critical overview on how this concept is currently used and how it relates to memory and constructions of historical theory.
    Temin Edilemiyor
  • Decoding International Law: Semiotics and the Humanities

    Decoding International Law: Semiotics and the Humanities

    Sert Kapak
    Violations of international law and human rights laws are the plague of the twentieth and twenty-first centuries. People's inhumanity to people escalates as wars proliferate and respect for human rights and the laws of war diminish. In Decoding International Law: Semiotics and the Humanities, Professor Susan Tiefenbrun analyzes international law as represented artfully in the humanities.Mass violence and flagrant violations of human rights have a dramatic effect that naturally appeals to writers, film makers, artists, philosophers, historians, and legal scholars who represent these horrors indirectly through various media and in coded language. This reader-friendly book enables us to comprehend and decode international law and human rights laws by interpreting meanings concealed in great works of art, literature, film and the humanities. Here, the author adopts an interdisciplinary method of interpretation based on the science of signs, linguistics, stylistics, and an in-depth analysis of the work's cultural context. This book unravels the complexities of such controversial issues as terrorism, civil disobedience, women's and children's human rights, and the piracy of intellectual property. It provides in-depth analyses of diverse literary works: Joseph Conrad's The Secret Agent and the movie Hotel Rwanda(both representing terrorism); Martin Luther King's Letter from Birmingham Jail; two documentary films about women and family law in Iran, Divorce Iranian Style and Two Women; Lisa See's Snow Flower and the Secret Fan (women's human rights and human trafficking in China); Uzodinma Iweala's Beasts of No Nation (shedding light on child soldiering and trafficking in Africa), and much more.
    Temin Edilemiyor
  • War, Commerce, and International Law

    War, Commerce, and International Law

    Sert Kapak
    Recent wars and conflicts, the 'blood diamond' wars in the Democratic Republic of the Congo, and the wars in Iraq and Afghanistan, as well as asset freezing and blocking in the so called war against terrorism have more than ever before raised questions about the status of private property and contract rights after the outbreak of war. Do invading and occupying powers have the right to destroy and confiscate private property and ignore contract rights? Are residents of a war-torn countries and foreign investors alike protected by international laws that uphold commercial freedom? Who, and on what legal authority, decides cases over contested resources during or after war? As globalization and armed conflicts continue to grow and co-exist, these questions are increasingly in the international spotlight. War, Commerce, and International Law authoritatively explores these questions in the context of the relationship between war and commerce, on one hand, and international law, on the other. This book also places these questions in a historical context. Professor Gathii argues that there are continuities and discontinuities in the ways in which these rules were applied in colonial acquisitions of territory and in the protection of the rights of bond holders in the period before the twentieth century, and the manner in which private property and contract rights are being treated under occupation and during wartime in the contemporary period.This book also offers an original and authoritative framework for appreciating relations between powerful and less powerful States and entities and between public and private power, as well as between peoples from vastly different cultural and racial backgrounds, in the context of war and commerce. It presents authoritative comparisons and contrasts between the protection of rights of foreign and domestic investors under international law in the context of war. In so doing, it debunks the story that commerce has prevailed over wartime deprivations and destructions of private property and contract rights. It shows how wartime effects on private property are a constitutive component of war rather than an aberration of it. Professor Gathii demonstrates that while international legal prohibitions against destruction and confiscation of private property during wartime are important, they have often been disregarded or sacrificed at the alter of claims of liberty and freedom historically as well as in the contemporary period.Most importantly, War, Commerce, and International Law shows that although the doctrines and rules of international law relating to war and commerce guarantee fairness between all states, their application, interpretation, and adjudication in a variety of contexts nevertheless simultaneously carry forward within them the legacy of imperialism and colonial conquest. However, while international law carries within it this legacy, its guarantees of the equality of all states and of the human rights of all individuals, continue to offer hope for poor and weak states and individuals everywhere.
    Temin Edilemiyor
  • The Power and Purpose of International Law

    The Power and Purpose of International Law

    Sert Kapak
    The world is going through another important transition. International institutions have unquestionably been weakened as the United States works to sort through complicated issues such as the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, and nuclear proliferation. In recent memory, top Bush Administration advisers have spoken and written about the powerlessness of international law and its irrelevance-or worse-for the United States. The worldwide public needs and deserves a more accurate account. In The Power and Purpose of International Law, Mary Ellen O'Connell provides such an account by explaining the purpose of international law and the powers of enforcement it has available to achieve its mission. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. The author argues that these goals can best be realized through international law, which uniquely has the capacity to bind even a superpower. It is also through international law that competing powers and divergent cultures can reach consensus. By exploring the roots of international law, and by looking at specific events in its history, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the claim that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward and reexamines international norms and institutions, it is crucial that both leaders and their citizens understand the true power and purpose of international law, and why humanity has persistently accepted it as true law.
    Temin Edilemiyor
  • Echoes of Violence: Letters from a War Reporter (Human Rights and Crimes Against Humanity)

    Echoes of Violence: Letters from a War Reporter (Human Rights and Crimes Against Humanity)

    Sert Kapak
    "Nobody I ever met on my assignments . . . asked me for direct, practical help. . . . But over and over again people have asked me: 'Will you write this down?' "--Echoes of Violence Echoes of Violence is an award-winning collection of personal letters to friends from a foreign correspondent who is trying to understand what she witnessed during the iconic human disasters of our time--in Iraq, Lebanon, Afghanistan, and New York City on September 11th, among many other places. Originally addressing only a small group of friends, Carolin Emcke started the first letter after returning from Kosovo, where she saw the aftermath of ethnic cleansing in 1999. She began writing to overcome her speechlessness about the horrors of war and her own sense of failure as a reporter. Eventually, writing a letter became a ritual Emcke performed following her return from each nightmare she experienced. First published in 2004 to great acclaim, Echoes of Violence in 2005 was named German political book of the year and was a finalist for the international Lettre-Ulysses award for the art of reportage. Combining narrative with philosophic reflection, Emcke describes wars and human rights abuses around the world--the suffering of civilians caught between warring factions in Colombia, the heartbreaking plight of homeless orphans in Romania, and the near-slavery of garment workers in Nicaragua. Freed in the letters from journalistic conventions that would obscure her presence as a witness, Emcke probes the abyss of violence and explores the scars it leaves on landscapes external and internal.
    Temin Edilemiyor
  • Intellectual Property Law and Practice in Israel

    Intellectual Property Law and Practice in Israel

    Karton Kapak
    Israel is home to many high-tech operations, particularly in the pharmaceutical and internet industries, for which intellectual property is a key asset. It also continues to attract significant amounts of venture capital-particularly from the United States-for new IP-oriented ventures, all of which has created a demand for information on the IP laws and practices of the country. Intellectual Property Law and Practice in Israel provides a comprehensive overview of Israeli intellectual property laws and an in-depth analysis of the pertinent case law. It covers the areas of patents, trademarks, industrial designs, copyright, and related rights. In addition, it includes specialized industry chapters on major information technology issues (covering unique patents, trademarks, copyright and privacy issues related to the internet), and unique topics in the pharmaceutical industry.Intellectual Property Law and Practice in Israel was cited by Justice Meltzer in C.A. 1611/07 Micha Danziger et al v. Shmuel Mor (Israeli Supreme Court, 2012).
    Temin Edilemiyor
  • Popular Sovereignty and the Crisis of German Constitutional Law: The Theory and Practice of Weimar Constitutionalism

    Popular Sovereignty and the Crisis of German Constitutional Law: The Theory and Practice of Weimar Constitutionalism

    Karton Kapak
    Popular Sovereignty and the Crisis of German Constitutional Law is a historical analysis of competing doctrines of constitutional law during the Weimar Republic. It chronicles the creation of a new constitutional jurisprudence both adequate to the needs of a modern welfare state and based on the principle of popular sovereignty. Peter C. Caldwell explores the legal nature of democracy as debated by Weimar’s political theorists and constitutional lawyers. Laying the groundwork for questions about constitutional law in today’s Federal Republic, this book draws clear and insightful distinctions between strands of positivist and anti-positivist legal thought, and examines their implications for legal and political theory.Caldwell makes accessible the rich literature in German constitutional thought of the Weimar period, most of which has been unavailable in English until now. On the liberal left, Hugo Preuss and Hans Kelsen defended a concept of democracy that made the constitution sovereign and, in a way, created the "Volk" through constitutional procedure. On the right, Carl Schmitt argued for a substantial notion of the "Volk" that could overrule constitutional procedure in a state of emergency. Rudolf Smend and Heinrich Triepel located in the constitution a set of inviolable values of the political community, while Hermann Heller saw in it a guarantee of substantial social equality. Drawing on the work of these major players from the 1920s, Caldwell reveals the various facets of the impassioned constitutional struggles that permeated German legal and political culture during the Weimar Republic.
    Temin Edilemiyor
  • The Work of Global Justice: Human Rights as Practices (Cambridge Cultural Social Studies)

    The Work of Global Justice: Human Rights as Practices (Cambridge Cultural Social Studies)

    Karton Kapak
    Human rights have been generally understood as juridical products, organizational outcomes or abstract principles that are realized through formal means such as passing laws, creating institutions or formulating ideals. In this book, Fuyuki Kurasawa argues that we must reverse this 'top-down' focus by examining how groups and persons struggling against global injustices construct and enact human rights through five transnational forms of ethico-political practice: bearing witness, forgiveness, foresight, aid and solidarity. From these, he develops a new perspective highlighting the difficult social labour that constitutes the substance of what global justice is and ought to be, thereby reframing the terms of debates about human rights and providing the outlines of a critical cosmopolitanism centred around emancipatory struggles for an alternative globalization.
    Temin Edilemiyor
  • Paths to International Justice: Social and Legal Perspectives (Cambridge Studies in Law and Society)

    Paths to International Justice: Social and Legal Perspectives (Cambridge Studies in Law and Society)

    Karton Kapak
    This volume focuses on the everyday social relationships through which international justice is produced. Using case studies from the International Criminal Court, the European Court of Human Rights, the UN Women's Convention Committee and elsewhere, it explores international justice as a process that takes place at the intersection of the often contradictory practices of applicants, lawyers, bureaucrats, victims, accused and others. With a sensitivity to broader institutional and political inequalities, the contributors ask how and why international justice is mobilised, understood and abandoned by concrete social actors, and to what effect. An attention to the different voices that feed into international justice is essential if we are to understand its potentials and limitations in the midst of social conflict or full blown political violence.
    Temin Edilemiyor