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Legal and Rhetorical Foundations of Economic Globalization: An Atlas of Ritual Sacrifice in Late-Capitalism (Globalization: Law and Policy)
by Keren WangThis book examines the subtle ways in which rhetorics of sacrifice have been re-appropriated into the workings of the global political economy in the 21st century. It presents an in-depth analysis of the ways in which ritual practices are deployed, under a diverse set of political and legal contexts, as legitimation devices in rendering exploitative structures of the prevailing political-economic system to appear inescapable, or even palatable. To this end, this work explores the deeper rhetorical and legal basis of late-capitalist governmentality by critically interrogating its mythical and ritual dimensions. The analysis gives due consideration to the contemporary incarnations of ritual sacrifice in the transnational neoliberal discourse: from those exploitative yet inescapable contractual obligations, to calendrical multi-billion dollar 'offerings' to the insatiable needs of 'too-big-to-fail' corporations.The first part of the book provides a working interpretative framework for understanding the politics of ritual sacrifice – one that not only accommodates multidisciplinary, interdisciplinary knowledge of ritual practices, but that can also be employed in the integrated analysis of sacrificial rituals as political rhetoric under divergent historical and societal contexts. The second conducts a series of case studies that cut across the wide variability of ritual public takings in late-capitalism. The book concludes by highlighting several key common doctrines of public ritual sacrifice which have been broadly observed in its case studies. These common doctrines tend to reflect the rhetorical and legal foundations for public takings under hegemonic market-driven governance. They define 'appropriate and proper' occasions for suspending pre-existing legal protections to regularize otherwise transgressive transfers of rights and possessions for the 'greater good' of the economic order.
Legal and Rhetorical Foundations of Economic Globalization: An Atlas of Ritual Sacrifice in Late-Capitalism (Globalization: Law and Policy)
by Keren WangThis book examines the subtle ways in which rhetorics of sacrifice have been re-appropriated into the workings of the global political economy in the 21st century. It presents an in-depth analysis of the ways in which ritual practices are deployed, under a diverse set of political and legal contexts, as legitimation devices in rendering exploitative structures of the prevailing political-economic system to appear inescapable, or even palatable. To this end, this work explores the deeper rhetorical and legal basis of late-capitalist governmentality by critically interrogating its mythical and ritual dimensions. The analysis gives due consideration to the contemporary incarnations of ritual sacrifice in the transnational neoliberal discourse: from those exploitative yet inescapable contractual obligations, to calendrical multi-billion dollar 'offerings' to the insatiable needs of 'too-big-to-fail' corporations.The first part of the book provides a working interpretative framework for understanding the politics of ritual sacrifice – one that not only accommodates multidisciplinary, interdisciplinary knowledge of ritual practices, but that can also be employed in the integrated analysis of sacrificial rituals as political rhetoric under divergent historical and societal contexts. The second conducts a series of case studies that cut across the wide variability of ritual public takings in late-capitalism. The book concludes by highlighting several key common doctrines of public ritual sacrifice which have been broadly observed in its case studies. These common doctrines tend to reflect the rhetorical and legal foundations for public takings under hegemonic market-driven governance. They define 'appropriate and proper' occasions for suspending pre-existing legal protections to regularize otherwise transgressive transfers of rights and possessions for the 'greater good' of the economic order.
Legal Approaches and Corporate Social Responsibility: Towards a Llewellyn’s Law-Jobs Approach (Routledge Research in Corporate Law)
by Adaeze OkoyeFrom the late 20th Century, a catalogue of high profile disasters and controversies has drawn attention to the changing relationship between corporations and society. This is taking place against the context of globalisation and this change has become the driving force for demands that corporations become socially responsible. Corporate social responsibility (CSR) has therefore emerged as a concept which attempts to encapsulate these demands for social responsibility. Yet at the heart of CSR is the debate about the role and relevance of law. This book will explore the proposition that CSR is a valid legal enquiry and will suggest a law-jobs approach which offers a potential general analytical perspective for examining such fluid concepts such as CSR in law. This approach is innovative because of the insistence of some users of CSR on placing law outside the parameters of CSR or giving it a very limited role; however, Okoye argues here that the very nature of CSR as seeking legitimacy for corporate power pushes to the fore the question of what role law can play. Law is an essential and important aspect of legitimacy and thus this work explores a legal theoretical approach that holds potential for a legal framework of CSR. This interdisciplinary book will be of great interest to students and scholars of corporate law and business studies in general.
Legal Approaches and Corporate Social Responsibility: Towards a Llewellyn’s Law-Jobs Approach (Routledge Research in Corporate Law)
by Adaeze OkoyeFrom the late 20th Century, a catalogue of high profile disasters and controversies has drawn attention to the changing relationship between corporations and society. This is taking place against the context of globalisation and this change has become the driving force for demands that corporations become socially responsible. Corporate social responsibility (CSR) has therefore emerged as a concept which attempts to encapsulate these demands for social responsibility. Yet at the heart of CSR is the debate about the role and relevance of law. This book will explore the proposition that CSR is a valid legal enquiry and will suggest a law-jobs approach which offers a potential general analytical perspective for examining such fluid concepts such as CSR in law. This approach is innovative because of the insistence of some users of CSR on placing law outside the parameters of CSR or giving it a very limited role; however, Okoye argues here that the very nature of CSR as seeking legitimacy for corporate power pushes to the fore the question of what role law can play. Law is an essential and important aspect of legitimacy and thus this work explores a legal theoretical approach that holds potential for a legal framework of CSR. This interdisciplinary book will be of great interest to students and scholars of corporate law and business studies in general.
The Legal Architecture of English Cathedrals (Law and Religion)
by Norman DoeThis original book is a comprehensive, richly documented and critical examination of laws applicable to Anglican cathedrals in England, some of the most iconic monuments in the national heritage and centres of spiritual and cultural capital. Law is the missing link in the emerging field of cathedral studies. The book fills this gap. It explores historical antecedents of modern cathedral law, traces aspects of them that still endure, and explains the law with particular reference to the recommendations of the Archbishops’ Commission on Cathedrals 1994 which led to the most radical changes in the legal history of these churches since the Reformation, culminating in the Cathedrals Measure 1999 and associated later legislation. The book compares the domestic constitutions and statutes of all the cathedrals of the Church of England today – old foundations, new foundations and parish church cathedrals - as well as policies and guidelines applicable to or adopted by them. Whilst national law acts as a fundamental unifying force, there is considerable diversity as between these in terms of the breadth and depth of their coverage of topics. In the socio-legal tradition, the book also explores through interviews with clergy and others, at half of the cathedrals, how laws are experienced in practice. These reveal that whilst much of the law is perceived as working well, there are equally key areas of concern. To this end, the book proposes areas for further research and debate with a view to possible reform. Taking an architectural feature of cathedrals as the starting point for each chapter, from cathedral governance through mission, ministry, music and education to cathedral property, what emerges is that law and architecture have a symbiotic relationship so that a cathedral is itself a form of juristecture.
The Legal Architecture of English Cathedrals (Law and Religion)
by Norman DoeThis original book is a comprehensive, richly documented and critical examination of laws applicable to Anglican cathedrals in England, some of the most iconic monuments in the national heritage and centres of spiritual and cultural capital. Law is the missing link in the emerging field of cathedral studies. The book fills this gap. It explores historical antecedents of modern cathedral law, traces aspects of them that still endure, and explains the law with particular reference to the recommendations of the Archbishops’ Commission on Cathedrals 1994 which led to the most radical changes in the legal history of these churches since the Reformation, culminating in the Cathedrals Measure 1999 and associated later legislation. The book compares the domestic constitutions and statutes of all the cathedrals of the Church of England today – old foundations, new foundations and parish church cathedrals - as well as policies and guidelines applicable to or adopted by them. Whilst national law acts as a fundamental unifying force, there is considerable diversity as between these in terms of the breadth and depth of their coverage of topics. In the socio-legal tradition, the book also explores through interviews with clergy and others, at half of the cathedrals, how laws are experienced in practice. These reveal that whilst much of the law is perceived as working well, there are equally key areas of concern. To this end, the book proposes areas for further research and debate with a view to possible reform. Taking an architectural feature of cathedrals as the starting point for each chapter, from cathedral governance through mission, ministry, music and education to cathedral property, what emerges is that law and architecture have a symbiotic relationship so that a cathedral is itself a form of juristecture.
Legal Argumentation Theory: Cross-Disciplinary Perspectives (Law and Philosophy Library #102)
by Christian Dahlman and Eveline FeterisThis book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany.
Legal Aspects Around Satellite Constellations (Studies in Space Policy #19)
by Annette FroehlichThis book is based on an initiative made by the European Space Policy Institute, the European Centre for Space Law and the German Aerospace Center. Students and young professionals worlwide were invited to submit a paper on this topic analyzing and discussing relevant aspects on either environment, economy, security, licencing, or control. The best papers have been included in this volume.
Legal Aspects Around Satellite Constellations: Volume 2 (Studies in Space Policy #31)
by Annette FroehlichThis book is the highly anticipated sequel to the previous volume under the same title, dedicated to presenting a diverse range of timely and valuable contributions on the legal and policy related questions evoked by satellite constellations, including emerging mega-constellations. Given the proliferation of activities in the field of satellite constellations, and the critical roles they play in supporting and enabling communication, navigation, disaster monitoring, Earth observation, security and scientific activities, the insights of legal and policy experts from around the world have been gathered in this second volume to help expand the scientific literature in this precious field. Topics range from legal obstacles and opportunities facilitating small satellite enterprise for emerging space actors, international cooperation in the compatibility and interoperability of navigation systems, the designation of satellite constellations as critical space infrastructure, to an analysis of the paradigm shift which has occurred over the last decade to make the proliferation of small satellite constellations possible, and more.
Legal Aspects of Alien Acquisition of Real Property
by Dennis CampbellThe concept of the nation-state has as an essential element the control of territory, legal and political authority over the acquisition, ownership, use and disposition of land. The rapid increase during the 1970s in the pace of foreign 1 investment -with the acquisition of real property as a centerpiece-has stirred new concern for the ability and disability of aliens to invest in and acquire title 2 to the physical territory of a given state. With a variety of factors now stimulating 3 foreign investment in land, increased attention has been given in many countries to the role of the state in controlling, inhibiting or prohibiting investment in real property by aliens. English law long ago established that the alien would be subject to significant 4 disabilities in connection with the ownership of land. The imposition of similar 5 restrictions on aliens is found in the early law of most nation-states. Such disabilities have their roots in the feudal period, and it was not until the eighteenth century that the countries of Continental Europe abandoned the absolute 6 prohibition on succession to real property by aliens. The prohibition was replaced by a tax imposed on aliens who withdrew the property of the state of which the decedent was a citizen. Common Law rules restricting alien succession developed in the thirteenth century.
Legal Aspects of Anaesthesia (Developments in Critical Care Medicine and Anaesthesiology #21)
by J. F. CrulJ.F. Crul The topic Legal Aspects of Anaesthesia is still rarely treated in book publications, but deserves increasing attention as more cases of litigation occur each year and anaesthetists also become more aware of the legal structure within which they practice their profession. I am happy to have been able to obtain the cooperation of experts in this field from various European countries. The contributing authors in this book come from both the anaesthesia and surgery side as well as from the jurisprudential background. As these two fields have their own professional jargon we have been very careful in using definitions, avoiding that a specific term might lead to misunderstanding and confusion. The international authorship did not facilitate this task. The subject of this book was also the topic of a meeting of the European Academy of Anaesthesiology held at the French Study Center, La Suquette, Saint Vincent Ie Palue~ held three years before publication of this book. The organizers G. Barrier, J.F. Crul, and J. Lassner felt the need for a book publication presenting the state of the art of anaesthesia and the law in European countries. With the present book this plan has been realized. During the meeting many subjects were thoroughly discussed and the editor considered a number of them as very informative and therefore these were included in this book.
Legal Aspects of Autonomous Systems: A Comparative Approach (Data Science, Machine Intelligence, and Law #4)
by Dário Moura Vicente Rui Soares Pereira Ana Alves LealAs computational power, the volume of available data, IT systems’ autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the “autonomous systems” phenomena.The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes – including judicial sentencing – also warrant close attention in this regard.Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes.Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors.The authors are legal experts from around the world with extensive academic and/or practical experience in these areas.
Legal Aspects of Crowdfunding (Ius Comparatum - Global Studies in Comparative Law #55)
by Caroline KleinerThis book offers a comparative perspective on 18 countries’ legal regulation of crowdfunding. In the wake of the financial crises of 2008, use of this alternative financing method has increased substantially, in various forms. Whereas some states have adopted tailor-made regimes in order to regulate but also encourage this way of financing projects, allowing loans to be made by non-banking institutions, others still haven’t specifically addressed the subject. An analysis of these diverse legislative stances offers readers a range of legal solutions for managing crowdfunding activities with regard to e.g. protecting investors, imposing limits on project owners, and finally the role and duties of intermediaries, i.e., companies operating crowdfunding platforms. In addition, the content presented here provides a legal basis for states and supranational organizations interested in regulating this phenomenon to achieve more legal certainty.
Legal Aspects of Cruises (Ius Comparatum - Global Studies in Comparative Law #56)
by Cecilia Fresnedo de AguirreThis book presents a comparative study on various issues regarding legal aspects of cruises – mainly, the importance of the cruise business, the impact of cruise tourism, general and specific rules applicable to cruises, liability issues, cruise passengers as consumers, package travel, labor rules for cruise workers, relevant rules on ports (e.g. on taxes, costs and rates charged to cruises in different ports), rules on the environmental impact of cruises, jurisdiction, arbitration, and choice of law in cruise contracts, and general conditions used by companies offering cruise services – in order to identify the current sources of law on these matters and determine whether or not they are appropriate and sufficient. Combining a general report with individual national reports, the book offers not only a general overview, but also the perspectives of selected jurisdictions in the Americas, Europe and Asia, namely: Argentina, Belgium, Bulgaria, Germany, Japan, Poland, Romania, Spain, Turkey, the United States, and Uruguay.
Legal Aspects of Cryptocurrency in the UK
by Mr Blake O'DonnellCovering all topics related to cryptocurrency, including its definition, regulatory issues, and taxation, this is a comprehensive guide to the legal framework surrounding cryptocurrency in the UK.This title: - Introduces cryptocurrency and its background, explaining the technology behind it, the different types of cryptocurrency, and how it is used in the UK - Focuses on regulatory issues related to cryptocurrency, including the laws and regulations that govern its use and the challenges that arise due to its decentralised nature- Discusses the taxation of cryptocurrency in the UK, including the rules for capital gains tax and income tax, as well as addressing the challenges that arise due to the difficulty of tracking transactions and users- Covers the use of cryptocurrency in money laundering and terrorist financing - Analyses the legal challenges that arise when dealing with disputes related to cryptocurrency, such as theft or fraudAn essential resource for legal practitioners, policymakers, and academics interested in understanding the legal framework surrounding cryptocurrency in the UK, it answers questions such as:- What is the legal status of cryptocurrency in the UK? - How are cryptocurrencies taxed in the UK? - What are the legal and regulatory risks associated with cryptocurrency? - How can businesses and individuals comply with UK regulatory requirements related to cryptocurrency?- What is the future of cryptocurrency in the UK, and how will legal and regulatory developments impact the industry?This is an essential resource for legal practitioners, policymakers, and academics interested in understanding the legal framework surrounding cryptocurrency in the UK.This title is included in Bloomsbury Professional's Cyber Law online service.
Legal Aspects of Ethnic Data Collection and Positive Action: The Roma Minority in Europe
by Jozefien Van CaeneghemThis book addresses the legal feasibility of ethnic data collection and positive action for equality and anti-discrimination purposes, and considers how they could be used to promote the Roma minority’s inclusion in Europe. The book’s central aim is to research how a societal problem can be improved upon from a legal perspective. The controversy surrounding ethnic data collection and positive action severely limits their use at the national level. Accordingly, legal and political concerns are analysed and addressed in order to demonstrate that it is possible to collect such data and to implement such measures while fully respecting international and European human rights norms, provided that certain conditions are met.Part I focuses on ethnic data collection and explores the key rules and principles that govern it, the ways in which this equality tool could be used, and how potential obstacles might be overcome. It also identifies and addresses the specific challenges that arise when collecting ethnic data on the Roma minority in Europe. In turn, Part II explores positive action and the broad range of measures covered by the concept, before analysing the applicable international and European framework. It reviews the benefits and challenges of implementing positive action for Roma, identifies best practices, and gives special consideration to inter-cultural mediation in the advancement of Roma inclusion. The book concludes with an overview of the main findings on both topics and by identifying three essential elements that must be in place, in addition to full respect for the applicable legal rules, in order to combat discrimination and achieve the inclusion of Roma in Europe by complementing existing anti-discrimination frameworks with the collection of ethnic data and the implementation of positive action schemes.
Legal Aspects of EU Energy Regulation
by Peter D Cameron and Raphael J HeffronThis book provides comprehensive coverage of EU energy law in practice, evaluating the effectiveness of the Third Energy Package, the rise and importance of national and EU renewable energy measures in electricity markets, interconnection and infrastructure aspects of the electricity and gas markets. The national reports take into account the legal and institutional diversity among the Member States, drawing on the experience of prominent energy lawyers to provide analyses of their own national experiences. This book includes an overview of the Energy Union, the institutional framework of regulation, a comprehensive review of how things have changed as a result of the various energy packages, state aid decisions and Energy Charter and European Court of Justice case law.
Legal Aspects of EU Energy Regulation
This book provides comprehensive coverage of EU energy law in practice, evaluating the effectiveness of the Third Energy Package, the rise and importance of national and EU renewable energy measures in electricity markets, interconnection and infrastructure aspects of the electricity and gas markets. The national reports take into account the legal and institutional diversity among the Member States, drawing on the experience of prominent energy lawyers to provide analyses of their own national experiences. This book includes an overview of the Energy Union, the institutional framework of regulation, a comprehensive review of how things have changed as a result of the various energy packages, state aid decisions and Energy Charter and European Court of Justice case law.
Legal Aspects of Geology
by Ronald W. TankThis treatise is an outgrowth of a series of seminars and tutorials on selected legal aspects of geology that were offered to several generations of undergraduate students at Lawrence University. The offerings were in response to a keen interest in how the law and legal institutions relate to the professional geologist. Much of the student interest was undoubtedly sparked by the legal controversies as sociated with the "environmental movement" that became so active during the 1970s and continues today to look to the law for the resolution of conflicting goals. Other students were interested in the role allocated to law by society in general, or were simply curious about law as a profession. Existing published material did not meet my needs, and I had to rely on "handouts" summarizing legal principles, reported appellate cases, and guest lectures from the county bar association. The more formally prepared course materials were edited by practicing attorneys and scholars in academia who encouraged me to seek a publisher who might make the materials available to a broader audience-an audience that might include not only students of the law but also the professional geologist, geological engineers, planners, policy makers, and attorneys, whether in industry, government, education, or private practice, who want to know more about the relationship between law and geology.
The Legal Aspects of Industrial Hygiene and Safety (Sustainable Improvements in Environment Safety and Health)
by Kurt W. DregerThe Legal Aspects of Industrial Hygiene and Safety explores various legal issues that are often encountered by Industrial Hygiene and Safety managers during their careers. A description is presented of the various legal concepts and processes that often arise in the IH/S practice, including tort, contract, and administrative law. The goal is to provide IH/S managers with sufficient knowledge to be able to incorporate legal risk analysis into everyday decision-making and policy development. This book will explore the legal issues that arise in IH/S practice and will be helpful to new IH/S managers as they progress in their careers. FEATURES Explores various legal issues that are often encountered by Industrial Hygiene and Safety managers during their careers Provides insight into the legal issues and processes to IH/S managers that are traditionally only available to attorneys Improves the IH/S managers' ability to communicate complex IH/S issues to in-house counsel Presents tools and knowledge to IH/S managers so they can better consider the legal risks of the decisions they make Covers various legal concepts and processes that can arise in the IH/S practice, including tort, contract, and administrative law
The Legal Aspects of Industrial Hygiene and Safety (Sustainable Improvements in Environment Safety and Health)
by Kurt W. DregerThe Legal Aspects of Industrial Hygiene and Safety explores various legal issues that are often encountered by Industrial Hygiene and Safety managers during their careers. A description is presented of the various legal concepts and processes that often arise in the IH/S practice, including tort, contract, and administrative law. The goal is to provide IH/S managers with sufficient knowledge to be able to incorporate legal risk analysis into everyday decision-making and policy development. This book will explore the legal issues that arise in IH/S practice and will be helpful to new IH/S managers as they progress in their careers. FEATURES Explores various legal issues that are often encountered by Industrial Hygiene and Safety managers during their careers Provides insight into the legal issues and processes to IH/S managers that are traditionally only available to attorneys Improves the IH/S managers' ability to communicate complex IH/S issues to in-house counsel Presents tools and knowledge to IH/S managers so they can better consider the legal risks of the decisions they make Covers various legal concepts and processes that can arise in the IH/S practice, including tort, contract, and administrative law
Legal Aspects of International Drug Control
by S.K. ChatterjeeThe need for suppressing the illicit traffic in drugs can hardly be over-emphasized. Yet, the licit uses of drugs, especially for medical and scientific needs, cannot be suppressed. Apparently, it is a ques tion of determining the vvorld requirements of drugs for such legiti mate uses, and of producing and manufacturing them accordingly. Owing to their multifarious medical uses in various parts of the world, it proves to be almost impossible to determine exactly the amount of drugs required for legitimate purposes. There is also the complicating factor that drugs are used for sociological and religious reasons, which have a long history. Not only arc the licit uses and legitimate amounts of drugs difficult to determine but also such difficulties give rise to illicit traffic in them. Yet, it is believed that a concerted international policy, coupled with national co-operation, on various facets of the related problems-namely, limitation of production and/or manufacture of drugs, restriction on cultivation of plants that may contribute to addiction-producing substances, training and rehabilitation of drug addicts, and efficient national administration-would help eradicate drug-abuse. In search of an appropriate remedy, this book has been devoted to a practical study of the problem and to exploring, in this area of international law, the relationship between the political and econ omic interests and the international economic order.
Legal Aspects of Joint Ventures in Eastern Europe
by Dennis CampbellDENNIS CAMPBELL AND MARK MILLER Introduction Within the last decade, there has been significant expansion in both the frequency and quantity of direct foreign investment by Western countries and multinational 1 corporations (MNC's) in the forni of joint ventures in Eastern Europe. These joint ventures, as well as other forms of mutual-cooperation trade arrangements, represent positive evidence of the increasing enthusiasm towards East-West trans actions now found on both sides of the European frontier. The spirit with which Western governments and business interests have sought to expand involvement in the East European market has been well documented. However, there has been relatively little attention paid to the extremely important internal changes which have come about within the foreign-trade policies of the Eastern European coun tries and which have served to accommodate the growth of trade with the West. This dramatic increase in direct foreign investment in the form of joint ventures results primarily from the passage of enabling legislation in a number of the East European states, legislation which has facilitated and attracted business invest ment from the West. Thus, it is opportune to examine and review the policy reforms and amendments which have been enacted in Eastern Europe and the Western responses thereto. As a preliminary matter, the term 'joint venture', as well as other mechanisms for foreign investment as used here, should be defined and distinguished.
Legal Aspects of Marine Protected Areas in the Mediterranean Sea: An Adriatic and Ionian Perspective (IMLI Studies in International Maritime Law)
by Mitja Grbec Tullio Scovazzi Ilaria TaniProviding a comprehensive analysis of the current legal basis for the establishment and further development of area-based conservation tools in the Mediterranean Sea, this book explores provisions under international law and the relevant region frame works to explore transboundary marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) implemented at sub-regional level. Under the European Union’s 2030 Biodiversity Strategy, EUmember States will be responsible for designating the additional protected and strictly protected areas, either by expanding or completing the so-called ‘NATURA 2000’ Network or under national protection schemes through the establishment of national MPAs, including possible transboundary MPAs and OECMs established in accordance with the provisions of the relevant regional seas conventions. This book provides a discussion of the juridical status of the Adriatic and Ionian Seas as parts of a wider enclosed or semi-enclosed Mediterranean Sea, followed by an assessment of the interrelation between global, regional, sub-regional and national legal frameworks on MPAs and OECMs. It offers a comprehensive analysis of the legal basis regarding the establishment of national and, where appropriate, transboundary MPAs and OECMs. Discussing relevant examples of good practice related to transboundary and MPAs, the book will provides an overview of the challenges and opportunities related to the establishment of a transboundary Mediterranean Specially Protected Area of Mediterranean Importance (SPAMI), based on the provisions of the relevant Protocol to the Barcelona Convention, as well as on the challenges and opportunities related to the establishment of a transboundary international marine park and on the feasibility of the establishment of one or more Particularly Sensitive Sea Areas (PSSAs) within the Adriatic and Ionian Seas, and beyond. The book will be of interest to policy makers, practitioners and academics with an interest in public international law, law of the sea and sustainable ocean governance.