This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

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Passing the Buck is the first in-depth study of the impact of federalism on Canadian environmental policy. The book takes a detailed look at the ongoing debate on the subject and traces the evolution of the role of the federal government in environmental policy and federal-provincial relations concerning the environment from the late 1960s to the early 1990s. The author challenges the widespread assumption that federal and provincial governments invariably compete to extend their jurisdiction. Using well-researched case studies and extensive research to support her argument, the author points out that the combination of limited public attention to the environment and strong opposition from potentially regulated interests yields significant political costs and limited political benefits. As a result, for the most part, the federal government has been content to leave environmental protection to the provinces. In effect, the federal system has allowed the federal government to pass the buck to the provinces and shirk the political challenge of environmental protection.

This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students, scholars, and practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.

First published in 1933, this is one of the seminal works on international law, written by a legendary scholar in the field. This republication, featuring a new introduction by Professor Martti Koskenniemi, once again makes this book available to scholars and students in this area.