Nova et Vetera Iuris Gentium – serie

Globalisation and international governance constantly pose challenges to international law. This constant challenge can only be understood if one keeps in mind that globalisation and international governance are not simple and linear developments, but rather complex and contradictory processes. The emergence of several overlapping and competing normative orders – characterized in terms of ‘new medievalism’ and ‘legal pluralism’ - has given impetus to some age-old debates in international law: What is the role of the ‘international community’? What is the proper function and meaning of state sovereignty in international law? What are the powers of international organizations in relation to the overlapping legal orders of their member states? At a more practical level, the problem of ‘legal pluralism’ is discussed in the context of the proliferation of international tribunals: how does this affects the unity and coherence of international law and what should be the proper role of lawyers in dealing with competing norms and competences? Finally, the complex and contradictory nature of international governance is illustrated by the role of international non-governmental organizations in different periods and areas, such as criminal law, environmental law and cyberspace.This book discusses the above-mentioned topics from a multidisciplinary perspective. It combines insights from international relations theory, legal theory and international law in an attempt to clarify some issues of globalisation, international governance and international law.

Concluding that the precautionary principle embodies customary international law is one thing. Determining what this means is quite another. That challenge is met by this work, which resolves a number of crucial questions concerning the scope of this principle of international environmental law; the conditions triggering a right or duty to take precautionary action; the measures to be taken; the allocation of the burden of proof; and the role of socio-economic factors. These questions are dealt with one at a time through the charting and analysis of patterns and common denominators in the extensive (inter)national practice of states regarding the precautionary principle. The hard legal core of the principle is thus gradually exposed. In the process, a realistic and accessible account is given of how and to what extent this general principle can and does direct the actions of states in concrete instances. Ultimately, this work sets out what it takes to act in conformity with the precautionary principle under general international law, and will be of interest to anyone involved with international law and environmental protection.

States and entrepreneurs are becoming increasingly interested in the economic potential of ocean areas beyond the national jurisdiction of coastal States, namely the high seas and the Area. This has led to growing support within the international community to enhance the international legal regime for those areas, among other things to protect and preserve the environment and biodiversity. However, the current debate in international fora indicates that States have widely different interpretations on key aspects of this regime. For instance, what implications do the principles contained in the United Nations Convention on the Law of the Sea have for the governance and regulation of these areas, how is access to natural resources best regulated, how are benefits derived from these areas to be distributed and which specific institutional frameworks should be employed in the management of areas beyond national jurisdiction?This work intends to contribute to a better understanding of the international law aspects of the ongoing debate on current and future international governance and regulation of areas beyond national jurisdiction. To this end four specific topics are examined: principles and objectives of the legal regime; institutional arrangements for the legal regime; entitlements to marine living resources; and compliance with international regulations.