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For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
The issue of who has the power to declare war or authorise military action in a democracy has become a major legal and political issue, internationally, and is set to become even more pertinent in the immediate future, particularly in the wake of military action in Syria, ongoing wars in the Middle East, and tense discussions between the United States and its allies, and Russia and China. This book comparatively examines the executive and prerogative powers to declare war or launch military action, focusing primarily on the United States, Britain and Australia. It explores key legal and constitutional questions, including: who currently has the power/authority to declare war? who currently has the power to launch military action without formally declaring war? how, if at all, can those powers be controlled, legally or politically? what are the domestic legal consequences of going to war? In addition to probing the extensive domestic legal consequences of going to war, the book also reviews various proposals that have been advanced for interrogating the power to commence armed conflict, and explores the reasons why these propositions have failed to win support within the political establishment.
Experts are increasingly relied on in decision-making processes at international and European levels. Their involvement in those processes, however, is contested. This timely book on the role of 'experts' provides a broad-gauged analysis of the issues raised by their involvement in decision-making processes. The chapters explore three main recurring themes: the rationales for involving experts and ensuing legitimacy problems; the individual and collective dimensions of expert involvement in decision making; and experts and politics and the politics of expertise. With contributions from leading scholars and practitioners, they theorize the experts' involvement in general and address their role in the policy areas of environment, trade, human rights, migration, financial regulation, and agencification in the European Union.
Written by psychologists, historians, and lawyers, this handbook demonstrates the central role psychological science plays in addressing some of the world's most pressing problems. Over 100 experts from around the world work together to supply an integrated history of human rights and psychological science using a rights and strengths-based perspective. It highlights what psychologists have done to promote human rights and what continues to be done at the United Nations. With emerging visions for the future uses of psychological theory, education, evidence-based research, and best practices, the chapters offer advice on how to advance the 2030 Global Agenda on Sustainable Development. Challenging the view that human rights are best understood through a political lens, this scholarly collection of essays shows how psychological science may hold the key to nurturing humanitarian values and respect for human dignity.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 155 reports on, amongst others, the England Court of Appeal 2013 judgment in Othman (Abu Qatada) v. Home Secretary, the 2012 decision of the European Court of Human Rights in Ahmad and Others v. United Kingdom and the related 2012 England High Court decision in Hamza and Others v. Home Secretary, and the South Africa Constitutional Court 2011 judgment in Glenister v. President of Republic of South Africa.
This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.
Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.
The 2011 crisis in Libya represents the first case in which the international community invoked 'the Responsibility to Protect' principle, adopted in 2005 by UN member states, to justify coercive measures including sanctions and the use of military force. In this study, Karin Wester meticulously reconstructs and analyzes the evolution of the Libyan crisis, the international community's response, and the manner in which the 'Responsibility to Protect' was applied. Drawing on a wide variety of primary sources including in-depth interviews with politicians and diplomats, this comprehensive account of the 2011 intervention in Libya redresses popular narratives asserting that the intervention was driven primarily by western (neo-colonial) interests or by a desire for regime change. Instead, Wester reveals how the 'Responsibility to Protect' principle was realized to a considerable extent, but also how it provided a highly fragile basis for military enforcement action. Incorporating perspectives from international law, political science and history, this is a compelling and thought-provoking examination of the real-world application of a principle that is deeply rooted in history but presents daunting challenges in implementation.
In contemporary missions, soldiers often face unconventional opponents rather than enemy armies. How do Western soldiers deal with war criminals, rioters, or insurgents? What explains differences in behavior across military organizations in multinational missions? How does military conduct impact local populations? Comparing troops from the United States, Britain, Germany, and Italy at three sites of intervention (Bosnia, Kosovo, and Afghanistan), this book shows that militaries in the field apply idiosyncratic organizational routines. Friesendorf uses the concept of routines to explain, for example, why US soldiers are trigger-happy, why British soldiers patrol on foot, and why German soldiers avoid risk. Despite convergence in military structures and practices, militaries continue to fight differently, often with much autonomy. This bottom-up perspective focuses on different routines at the level of operations and tactics, thus contributing to a better understanding of the implementation of military missions, and highlighting failures of Western militaries to protect civilians.
In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of international legal skepticism, and understanding why it matters. Is international law morally defensible? This book makes a start to answering that question by engaging with recent debates on the nature and grounds of human rights, the moral justifiability of the law of war, the concept of a crime against humanity, the moral basis of universal jurisdiction, the propriety of international law governing secession, and the justice of international trade law.
The Yearbook on Space Policy, edited by the European Space Policy Institute (ESPI), is the reference publication analysing space policy developments. Each year it presents issues and trends in space policy and the space sector as a whole. Its scope is global and its perspective is European. The Yearbook also links space policy with other policy areas. It highlights specific events and issues, and provides useful insights, data and information on space activities. The first part of the Yearbook sets out a comprehensive overview of the economic, political, technological and institutional trends that have affected space activities. The second part of the Yearbook offers a more analytical perspective on the yearly ESPI theme and consists of external contributions written by professionals with diverse backgrounds and areas of expertise. The third part of the Yearbook carries forward the character of the Yearbook as an archive of space activities. The Yearbook is designed for government decision-makers and agencies, industry professionals, as well as the service sectors, researchers and scientists and the interested public.
In their contributions, the authors connect general philosophical reasoning about the foundational role of human dignity for human rights with more concrete demands as to how to deal with basic human needs and to end poverty. These legal and political arguments are based on recent rulings of regional courts and international human rights bodies. They discuss obligations that result from human rights and ask which institutions or corporations are responsible for their realisation.
Controversy over Iranian nuclear policy has been mounting in both legal and political circles since the early 2000s. Most recently, the International Atomic Energy Association (IAEA), tasked with verifying compliance of Member States with the Nuclear Non-Proliferation Treaty, has been expressing concern that Iran's nuclear efforts are directed not solely toward peaceful uses, but also for military purposes. In response, various States have tried, individually and collectively, to engage Iran in agreed frameworks of action that would include an Iranian self-imposed restraint regarding its nuclear development. This volume documents the Iranian nuclear issue, tracing the evolution of international interest and concern with Iran's nuclear policy since the 1970s, when Iran began earnest efforts to acquire nuclear capabilities. Emphasis is nonetheless placed on events since 2002-2003, when it was established that Iran had concealed certain aspects of its nuclear activities from the IAEA. Alongside reports of the IAEA and Security Council documents, the volume covers diverse sources rather than relying solely on UN organs and agencies, international organizations, or dedicated ad hoc bodies.
This volume brings together both academic and institutional perspectives to examine the production, use and contestation of indicators in global governance. It provides a unique and comprehensive guide to the latest research in the study of indicators and their use in global governance and policy making. The editors provide a guide to the recent vast body of literature and practice on measuring governance and measurement as governance at the global level, and present a state-of-the-art analysis of social science research on indicators at both the transnational and the global level. The Handbook brings together scholars from a variety of disciplines and perspectives, as well as policy-makers from international organisations and non-government organisations working in the field. This volume will be a valuable resource for students and academics in the fields of public policy, administration and management, international relations, political science, law, and globalisation, as well as policy makers and practitioners.
This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member States before the EU Treaties. The book presents a collection of high-quality academic and expert contributions, which, in light of the most recent developments in implementing the post-Lisbon legal framework, reflect the current interpretation of the equality principle, examining its performance in practice with a view to suggesting possible solutions in order to overcome recurring problems. To this end the volume is divided into three Parts, the first of which addresses a peculiar aspect of the EU equality that is mostly overlooked in the investigations devoted to this topic, namely, equality among States. Part II shifts to the inter-individual dimension of equality and explores some major developments contributing to (re)shaping the global framework of EU anti-discrimination law, while Part III undertakes a more practical investigation devoted to the substantive strands of that area of EU law.
In the past ten years, Europe has faced challenges that are unprecedented in its contemporary history. The economic and financial crisis revealed the weaknesses in the functioning of the Eurozone, notably the European Union's macro-economic structure. The neo-liberal measures intended to remedy it have caused, however, fierce reactions on both poles of the political spectrum. The reduction of Member States' sovereignty in fiscal and economic policy gave rise to right wing populism and Euro-skeptic political forces. Resisting the politics of austerity, the social movements across Europe have resorted occasionally to extra-institutional mechanisms and channels. Violence has indeed become Europe's new normal, but not only due to the rise of radical left-wing and, even more so, right-wing social movements. Hit by a series of terrorist attacks, European polities have descended into a latent (and in moments real) "state of nature." Eleven contributions to this volume are all concerned with the different facets of the European crisis and the possibilities of overcoming it. They address themselves to the philosophers, political scientists, and legal scholars interested in the European Union studies. (Series: Democracy and the Rule of Law, Vol. 7) [Subject: Constitutional Law, Politics, Human Rights Law]
This work expounds, for those in practice and beyond, the rules of international law governing the inter-state use of force. Jus ad bellum determines when a state - or group of states - may lawfully use force against, or on the territory of, another state, and when such action violates international law. The bedrock of the law is found in the Charter of the United Nations, but the interpretation and application of many of the rules codified in the Charter, particularly by the International Court of Justice, are contested. Accordingly, the book clarifies the law as it stands today, explaining its many complexities and controversies, such as when non-state actors may be attacked in another state and when consent is validly given to foreign intervention. The interrelationships between jus ad bellum and the law of armed conflict/international humanitarian law, the law of neutrality, and international human rights law are also illuminated, along with important concepts such as the 'responsibility to protect' and humanitarian intervention.
Complete International Law combines a wide range of case extracts
with incisive author commentary to clearly demonstrate legal
principles and the significance of case law.
Why do political actors willingly give up sovereignty to another state, or choose to resist, sometimes to the point of violence? Jesse Dillon Savage demonstrates the role that domestic politics plays in the formation of international hierarchies, and shows that when there are high levels of rent-seeking and political competition within the subordinate state, elites within this state become more prepared to accept hierarchy. In such an environment, members of society at large are also more likely to support the surrender of sovereignty. Empirically rich, the book adopts a comparative historical approach with an emphasis on Russian attempts to establish hierarchy in post-Soviet space, particularly in Georgia and Ukraine. This emphasis on post-Soviet hierarchy is complemented by a cross-national statistical study of hierarchy in the post WWII era, and three historical case studies examining European informal empire in the nineteenth and early twentieth centuries.
Is the EU isolated within the emergent multipolar world? Concentrating on interregional relations and focussing on the European Union's (EU) evolving international role with regards to regional cooperation, this innovative book collects a set of fresh empirical analyses of interregional ties binding the EU with its Eastern and Southern neighbourhood, as well as with Asia, Africa and the Americas. The 25 leading authors from 5 continents have contributed original and diverse chapters and the book advances a novel theoretical 'post-revisionist' approach beyond both the Eurocentrism of 'Europe First' perspectives as well as the Euroscepticism of those advocating to simply move 'Beyond Europe'. After a Foreword by A. Acharya, the book's five sections reflect the main drivers of EU interregional policies: The European Union as a Sophisticated Laboratory of Regional and Interregional Cooperation (with chapters by M. Telo, L. Fawcett and T. Risse), De Facto Drivers of Regionalism (F. Ponjaert, M. Shu, A. Valladao and C. Jakobeit), De Jure Drivers of Regionalism (S. Lavenex, G. Finizio, C. Jakobeit, R. Coman, C. Cocq & S. Teo L-Shah), Cognitive Drivers of Regionalism (J. Ruland, E. Fitriani, S. Stavridis & S. Kingah, P. Bacon), and Instrumental Drivers of Regionalism (B. Delcourt, C. Olsson & G. Muller, A. Malamud & P. Seabra and L. Fioramonti & J. Kostopoulos).
This book investigates the strengths and weaknesses - in terms of transparency and compliance with the democratic principle - of Bretton Woods Institutions, considering the most important innovations from the original framework achieved through the introduction of independent accountability and complaint mechanisms (the Inspection Panel and Independent Evaluation Office), but also due to relevant reforms in the internal governance of the International Monetary Fund and the new financial assistance tools. One of its main focuses is on evaluating the socio-economic impact of conditionality in the countries requiring financial assistance, acknowledging the need to strengthen social protection policies in the adjustment programs. In addition, emphasis is given to the effects of the "constitutionalization" of the Washington Consensus in the European Union, with the establishment of the so-called "Berlin-Brussels-Frankfurt Consensus."
Die Europaische Union hebt sich durch ausdifferenzierte Rechtsetzungsmechanismen und Handlungsformen vom klassischen, durch zwischenstaatliche Vertrage gepragten Voelkerrecht ab. Angesichts dessen erstaunt es, dass zwischen den einzelnen Mitgliedstaaten nach wie vor ein dichtes Netz voelkerrechtlicher Vertrage besteht. Eine Auswertung der Vertragspraxis zeigt, dass die Abkommen passgenau auf gleichzeitig geltendes einschlagiges Unionsrecht abgestimmt sind. Sie konkurrieren in aller Regel nicht mit ihm, sondern sind Bestandteil eines ebenenubergreifenden Rechts des Europaischen Verbunds. Soweit mit der Rechtserzeugung ausserhalb der Unionsorgane Gefahren fur die Einheit des Unionsrechts und die Inklusivitat unionaler Rechtsetzung verbunden sind, begegnet ihnen das Europaische Verfassungsrecht mit den bewahrten Instrumenten der Kompetenzordnung, des Loyalitatsgebots und des Vorrangs.
Addressing a pressing issue in space policy, Pelton explores the new forms of technology that are being developed to actively remove the defunct space objects from orbit and analyzes their implications in the existing regime of international space law and public international law. This authoritative review covers the due diligence guidelines that nations are using to minimize the generation of new debris, mandates to de-orbit satellites at end of life, and innovative endeavours to remove non-functional satellites, upper stage rockets and other large debris from orbit under new institutional, financial and regulatory guidelines. Commercial space services currently exceed 100 billion USD business per annum, but the alarming proliferation in the population of orbital debris in low, medium and geosynchronous satellite orbits poses a serious threat to all kinds of space assets and applications. There is a graver concern that the existing space debris will begin to collide in a cascading manner, generating further debris, which is known as the Kessler Syndrome. Scientific analysis has indicated an urgent need to perform space debris remediation through active removal of debris and on-orbit satellite servicing.
An unprecedented new international moral and legal rule forbids one state from hosting money stolen by the leaders of another state. The aim is to counter grand corruption or kleptocracy ("rule by thieves"), when leaders of poorer countries-such as Marcos in the Philippines, Mobutu in the Congo, and more recently those overthrown in revolutions in the Arab world and Ukraine-loot billions of dollars at the expense of their own citizens. This money tends to end up hosted in rich countries. These host states now have a duty to block, trace, freeze, and seize these illicit funds and hand them back to the countries from which they were stolen. In The Despot's Guide to Wealth Management, J. C. Sharman asks how this anti-kleptocracy regime came about, how well it is working, and how it could work better. Although there have been some real achievements, the international campaign against grand corruption has run into major obstacles. The vested interests of banks, lawyers, and even law enforcement often favor turning a blind eye to foreign corruption proceeds. Recovering and returning looted assets is a long, complicated, and expensive process. Sharman used a private investigator, participated in and observed anti-corruption policy, and conducted more than a hundred interviews with key players. He also draws on various journalistic exposes, whistle-blower accounts, and government investigations to inform his comparison of the anti-kleptocracy records of the United States, Britain, Switzerland, and Australia. Sharman calls for better policing, preventative measures, and use of gatekeepers like bankers, lawyers, and real estate agents. He also recommends giving nongovernmental organizations and for-profit firms more scope to independently investigate corruption and seize stolen assets.
Two major factors brought about the establishment of the Netherlands Yearbook of International Law in 1970: demand for the publication of national practice in international law, and the desirability for legal practitioners, state representatives and international lawyers to have access to the growing amount of available data, in the form of articles, notes etc. The Documentation section contains an extensive review of Dutch state practice from the parliamentary year prior to publication, an account of developments relating to treaties and other international agreements to which the Netherlands is a party, summaries of Netherlands judicial decisions involving questions of public international law (many not published elsewhere), lists of Dutch publications in the field and extracts from relevant municipal legislation. Although the NYIL has a distinctive national character it is published in English, and the editors do not adhere to any geographical limitations when deciding upon the inclusion of articles.
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