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This bibliography is a companion volume to International Law and the Social Sciences. One of the aims of the earlier work by Wesley L. Gould and Michael Barkun was to show how social science concepts could be employed in research in international law. With the support and encouragement of the American Society of international Law, they have now compiled a broad and thorough survey of social science literature of potential usefulness to students and practitioners of international law. Arranged by topics, the works cited range over political science, economics, sociology, anthropology, geography, and many interdisciplinary fields. Material on possible methodological approaches is also included. Each citation is fully and critically annotated and cross-indexed. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Why do international organizations (IOs) look so different, yet so similar? The possibilities are diverse. Some international organizations have just a few member states, while others span the globe. Some are targeted at a specific problem, while others have policy portfolios as broad as national states. Some are run almost entirely by their member states, while others have independent courts, secretariats, and parliaments. Variation among international organizations appears as wide as that among states. This book explains the design and development of international organization in the postwar period. It theorizes that the basic set up of an IO responds to two forces: the functional impetus to tackle problems that spill beyond national borders and a desire for self-rule that can dampen cooperation where transnational community is thin. The book reveals both the causal power of functionalist pressures and the extent to which nationalism constrains the willingness of member states to engage in incomplete contracting. The implications of postfunctionalist theory for an IO's membership, policy portfolio, contractual specificity, and authoritative competences are tested using annual data for 76 IOs for 1950-2010. Transformations in Governance is a major academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and the VU Amsterdam, and Walter Mattli of the University of Oxford.
This book takes up one of the key theoretical challenges in the English School's conceptual framework, namely the nature of the institutions of international society. It theorizes their nature through an analysis of the relationship of primary and secondary levels of institutional formation, so far largely ignored in English School theorizing, and provides case studies to illuminate the theory. Hitherto, the School has largely failed to study secondary institutions such as international organizations and regimes as autonomous objects of analysis, seeing them as mere materializations of primary institutions. Building on legal and constructivist arguments about the constitutive character of institutions, it demonstrates how primary institutions frame secondary organizations and regimes, but also how secondary institutions construct agencies with capacities that impinge upon and can change primary institutions. Based on legal and constructivist ideas, it develops a theoretical model that sees primary and secondary institutions as shared understandings enmeshed in observable historical processes of constitution, reproduction and regulation.
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean 'conflicting interpretations' engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing is also known in English as 'rustling, duffing, raiding, stock theft, lifting and predatorial larceny.' Crime and punishment are differently perceived depending on cultures and legal systems: 'Captain Starlight' was a legendary 'duffer'; in India 'lifting' a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing 'unequal treaties' (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the 'trail of broken treaties'), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale).
From climate change to nuclear war to the rise of demagogic populists, our world is shaped by doomsday expectations. In this path-breaking book, Alison McQueen shows why three of history's greatest political realists feared apocalyptic politics. Niccolo Machiavelli in the midst of Italy's vicious power struggles, Thomas Hobbes during England's bloody civil war, and Hans Morgenthau at the dawn of the thermonuclear age all saw the temptation to prophesy the end of days. Each engaged in subtle and surprising strategies to oppose apocalypticism, from using its own rhetoric to neutralize its worst effects to insisting on a clear-eyed, tragic acceptance of the human condition. Scholarly yet accessible, this book is at once an ambitious contribution to the history of political thought and a work that speaks to our times.
The European Union is a key participant in international organisations with its involvement taking different forms, ranging from full membership to mere observer. Moreover, there is also not only one status of observer, but different ones depending on the constituent charters of the organisations. This book provides a comprehensive overview of the participation of the EU in five international organisations: the UN, the ILO, the WTO, the WHO and the WIPO. It identifies its role and influence in diverse areas of global governance, such as foreign policy, peace, human rights, social rights, trade, health and intellectual property. EU and international experts, diplomats and scholars have contributed to this book to give an overview of the different aspects linked to the participation of the EU in these organisations and to the coordination that takes place internally with its Member States. They also examine the EU's actual influence in the various areas and its contribution to global governance. The combination of these two dimensions allows the work to identify the strengths and weaknesses of the participation of the EU in these five international organisations. The book provides valuable insights for scholars, policymakers and is useful for representatives of other international organisations and civil society actors.
In fields such as politics, international relations, public administration and international law, there is a rapidly growing interest in the topic of 'accountability'. In this innovative new work, Steele shows how we might recognize how an alternative form of accountability in global politics has been present for some time, and that, furthermore, this form's continued presence remains one of the most politically powerful, if not endurable, possibilities for resistance in the near future. This book argues that the physical and visually shocking outcomes of violence found on the bodies of humans, as well as the buildings and landscapes which surround us, specifically the scars they leave behind, remain one of our most compelling forms of accountability. Steele develops the theoretical argument on scars and exteriority utilizing insights from several philosophical and theoretical resources including Hannah Arendt, Erving Goffmann, and Richard Rorty. The work examines scars and their effects through several illustrations, including the accounts of Emmett Till, Iranian protestor Neda Agha-Soltan, the Syrian boy Hamza al-Khateeb, the massacre in WWII and then memorializing throughout the 20th century of the Lidice children in the modern-day Czech Republic, the particular architecturally destructive outcomes of the 2008-9 Gaza War, the loss of the Twin Towers in New York, as well as a variety of violent scars found on the landscapes of Europe and Southeast Asia. Emphasizing the importance of the space and 'time' of scars, the book illustrates how an alternative form of accountability in the scar can be a useful, disruptive, spontaneous, but also creative practice to challenge the discourses of violence which remain with us today.
In this ambitious study, Anna K. Boucher and Justin Gest present a unique analysis of immigration governance across thirty countries. Relying on a database of immigration demographics in the world's most important destinations, they present a novel taxonomy and an analysis of what drives different approaches to immigration policy over space and time. In an era defined by inequality, populism, and fears of international terrorism, they find that governments are converging toward a 'Market Model' that seeks immigrants for short-term labor with fewer outlets to citizenship - an approach that resembles the increasingly contingent nature of labor markets worldwide.
This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. The first section of the book provides an overview of developments in data protection in different parts of the world. The second section focuses on one of the most captivating innovations of the data protection package: how to forget, and the right to be forgotten in a digital world. The third section presents studies on a recurring, and still important and much disputed, theme of the Computers, Privacy and Data Protection (CPDP) conferences : the surveillance, control and steering of individuals and groups of people and the increasing number of performing tools (data mining, profiling, convergence) to achieve those objectives. This part is illustrated by examples from the domain of law enforcement and smart surveillance. The book concludes with five chapters that advance our understanding of the changing nature of privacy (concerns) and data protection.
With growing numbers of independent schools (pre-school, primary and secondary), vocational colleges and universities seeking to establish themselves internationally, this new text focuses on the complex legal and regulatory requirements of setting up an educational institution overseas. As these institutions expand into the global arena - where there is a preference for adopting the UK model, supported by government contracts and foreign investment - traditional advisers to the independent education market increasingly need to understand the multi-disciplinary aspects of setting up abroad. Therefore, this book will make essential reading for all lawyers, accountants and school governing bodies involved with international expansion. Private equity investors, who need to understand the due diligence process specific to this sector and the structuring of their partnerships with potential 'sister schools', plus commercial property and real estate consultants involved in the actual building of overseas institutions, will also find this book invaluable. The content examines market viability, the challenges of managing an international educational business, business plans, sustaining relationships, IP issues, data protection, international employment matters, tax considerations, brand protection and corporate structure. There is also a detailed country-by-country comparative analysis which is intended to inform the decision as to where to set up an educational establishment overseas. The text is further enhanced by numerous case studies. In summary, this comprehensive handbook will provide a trusted guide for legal and business markets to the risk profiling, structural analysis and regulatory compliance issues that face all educational organisations seeking to establish themselves internationally.
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 149 reports on, amongst others, judgments of German courts, the International Court of Justice and the European Court of Human Rights in the cases between Liechtenstein and Germany concerning the Pieter van Laer painting, judgments concerning economic sanctions imposed by the United Nations Security Council in the Kadi cases, Othman and Ahmed and the 2010 judgment of the Federal Court of Australia in Habib v. Commonwealth of Australia.
The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional. In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage. In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world. Cited in Opinion of Advocate General Evgeni Tanchev, Case C-730/18 P, SC v Eulex Kosovo,ECLI:EU:C:2020:176, Court of Justice of the European Union (First Chamber), 5 March 2020; and, Opinion of Advocate General Gerard Hogan, Case C-134/19 P, Bank Refah Kargaran v Council of the European Union, ECLI:EU:C:2020:396, Court of Justice of the European Union (Grand Chamber), 28 May 2020.
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 judgements of national courts. Volume 148 reports on, among others, the Provisional Measures Order and Judgment of the International Court of Justice in Avena (No 2), the Judgment of the Australian New South Wales Court of Appeal in Zhang v. Jiang Zemin and the Decision of the French Court of Cassation in the Logicom Case.
The second volume of EtYIL brings together a number of articles and other contributions that, collectively, take EtYIL's original mission of helping rebalance the narrative of international law another step forward. Like the first volume, this book presents scholarly contributions on cutting-edge issues of international law that are of particular interest to Ethiopia and its sub-region, as well as Africa and developing countries more generally. The major issues tackled include the interplay between national and international in the promotion and regulation of foreign direct investment in Ethiopia; the regulatory framework for the exploitation and development of petroleum resources and relevant arbitral jurisprudence in the field; the role of international law in ensuring the equitable sharing of transboundary resources, such as the waters of the River Nile, or in the delimitation of the continental shelf in the region; the efforts to establish the Continental Free Trade Area in Africa and the lessons that can be learnt from prior experiments; Africa's policy towards the International Criminal Court and the feasibility of alternative means of serving justice in the case of grave crimes; and the UN's peace-keeping operations in their North-South context. The issues addressed in the various contributions are mostly at the heart of live political, diplomatic and judicial activities today, and as such promise to shape the future of international law in the region and beyond. This volume not only takes a significant step further towards EtYIL's mission, but also enriches it with fresh insights from perspectives that are not common in international law scholarship to this day.
This book examines the relationship between governments and international organizations under international law. After surveying the policing powers of international organizations under international law, it illustrates some normative aspects of law that distinguish regulation from enforcement via study of recent legal cases before international judicial bodies. According to Dimitris Liakopoulos's expert analysis, if the two provisions codify the same general rule, the peculiarities of the relationship between an international organization and individual governments mean that sanctions decline when measured against the hypothesis that the latter facilitate an organization's violation of its obligations to all. The book concludes with peculiarities in the enforcement of international law by international organizations.
The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.
This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.
Authored by international experts from academia, international organizations, governments and NGOs, this book highlights the main environmental security issues in the South-East European (SEE) countries, with a particular focus on climate change and water management. The common goal of the authors was to provide a reliable evaluation of whether existing legal regimes and correct implementation of applicable international treaties may contribute to reducing environmental security risks in the region. In-depth analyses and assessment of major challenges in compliance, serve as a firm ground which such evaluation is based on. This volume is recommended for public officials, legal practitioners and consultants. Its interest may also extend beyond the SEE countries, serving as a case-study of a broader and paradigmatic relevance of the analysis and management of environmental and security issues in a trans-boundary context.
This volume analyzes the evolution of geo-political and economic integration in the Eurasian area. The Eurasian integration is a growing phenomenon and the largest scale analysis proves necessary to avoid simplistic judgments based only on the geo-political approach. The editors of this publication present different profiles of integration, such as the geo-political and constitutional aspect, the relations with the European Union, migration issues, energy flows, the compatibility between the Eurasian and the WTO law, and the comparison with the European integration model. The book presents a wide range of viewpoints through essays of specialists from Russia, Ukraine, Lithuania, Belarus, Italy, France.The book is of interest to academics and practitioners in constitutional, international and European law, international relations, and political science. It was published with the support of the Department of International Studies of the University of Milan, within which a specific multidisciplinary research group on the countries of Central and Eastern Europe, well known at national and international level, has consolidated its experience over the years.
Within the last decade, the Internet has developed as a phenomenon encompassing social, cultural, economic and legal facets. It has become common practice to use the Internet for both the retrieval and provision of information, with the result that the Internet has become a valuable tool in everyday life. Many Internet participants are unaware that they leave data tracks on every website they pass; surfing on the World Wide Web is far from being an anonymous activity of no consequence. In recent years a number of networking techniques have been initiated in order to accommodate the netizen's wish for anonymous communication and the protection of their privacy in the online world. Anonymization explores the legal framework developed to help protect netizens' privacy and their wish for anonymous communication over the Internet. It debates the value in helping to protect anonymity over a network which sees an increasing number of cybercrimes, and explores governmental interventions into anonymity requests, and whether requests should only be legal if a sufficiently legitimized public interest is given.
This book provides a broad set of information and data on the rise of private actors in the space sector, organized into different topics covering the various trends that have shaped the space sector during the last decade. The book, written in a descriptive fashion, concludes with recommendations for future analytical research on the topic.
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