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Drawing inspiration from the profoundly influential work of legal theorist Larry Alexander, this volume tackles central questions in criminal law, constitutional law, jurisprudence, and moral philosophy. What are the legitimate conditions of blame and punishment? What values are at the heart of constitutional protections against discrimination or infringements of free speech? Must judges interpret statutes and constitutional provisions in ways that comport with the intentions of those who wrote them? Can the law obligate us to violate the demands of morality, and when can the law allow the rights of the few to be violated for the good of the many? This collection of essays by world-renowned legal theorists is for anyone interested in foundational questions about the law's authority, the conditions of its fair application to citizens, and the moral justifications of the rights, duties, and permissions that it protects.
This book addresses some of the most debated topics preceding the UK referendum on membership of the EU, namely welfare services and free movement of citizens. The work improves understanding of the implications of the European Economic Area (EEA) Agreement, which is the most integrated form of association agreement with the EU for non-member states. The author considers the impact of EEA law on both European Free Trade Association (EFTA) states and on EU Member States, and looks at case law. A broad range of welfare services are analysed, including public healthcare and educational services, various social services, and public utilities such as transport and public broadcasting. Free movement of students, of patients and public financing of welfare services are among the issues explored. The focus here is particularly on legal aspects and the demonstrated development of the EEA Agreement into the welfare sphere. This work enables a sophisticated analysis about the nature of the principles of homogeneity and dynamism. The book is essential reading for scholars who seek to understand the EU's legal framework, the EEA Agreement and its implications. The topics covered are also relevant to UK/EU discussions on future relations, both for intermediate and long-term arrangements.
Democratic countries, such as Australia, face the dilemma of preserving public and national security without sacrificing fundamental freedoms. In the context where the rule of law is an underlying assumption of the constitutional framework, Emergency Powers in Australia provides a succinct analysis of the sorts of emergency which have been experienced in Australia and an evaluation of the legal weapons available to the authorities to cope with these emergencies. It analyses the scope of the defence power to determine the constitutionality of federal legislation to deal with wartime crises and the 'war' on terrorism, the extent of the executive power and its relationship to the prerogative, the deployment of the defence forces in aid of the civil power, the statutory frameworks regulating the responses to civil unrest, and natural disasters. The role of the courts when faced with challenges to the invocation of emergency powers is explained and analysed.
A World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience working with international lawyers, human rights advocates, policy professionals, economic development specialists, military lawyers, and humanitarian strategists to provide a unique insider's perspective on the complexities of global governance. He describes the conflicts, unexamined assumptions, and assertions of power and entitlement that lie at the center of expert rule. Kennedy explores the history of intellectual innovation by which experts developed a sophisticated legal vocabulary for global management strangely detached from its distributive consequences. At the center of expert rule is struggle: myriad everyday disputes in which expertise drifts free of its moorings in analytic rigor and observable fact. He proposes tools to model and contest expert work and concludes with an in-depth examination of modern law in warfare as an example of sophisticated expertise in action. Charting a major new direction in global governance at a moment when the international order is ready for change, this critically important book explains how we can harness expert knowledge to remake an unjust world.
This Open Access Book is the first to examine disasters from a multidisciplinary perspective. Justification of actions in the face of disasters requires recourse both to conceptual analysis and ethical traditions. Part 1 of the book contains chapters on how disasters are conceptualized in different academic disciplines relevant to disasters. Part 2 has chapters on how ethical issues that arise in relation to disasters can be addressed from a number of fundamental normative approaches in moral and political philosophy. This book sets the stage for more focused normative debates given that no one book can be completely comprehensive. Providing analysis of core concepts, and with real-world relevance, this book should be of interest to disaster scholars and researchers, those working in ethics and political philosophy, as well as policy makers, humanitarian actors and intergovernmental organizations..
The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.
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.
Different countries incorporate and interpret international law in
different ways. This book provides a systematic analysis of the
domestic constitutional regime of over two dozen countries, setting
out the status accorded to international law in those countries and
its normative weight, as well as problems relating to its
Currently, the dominant enforcement paradigm is based on the idea that states deal with 'bad people' - or those pursuing their own self-interests - with laws that exact a price for misbehavior through sanctions and punishment. At the same time, by contrast, behavioral ethics posits that 'good people' are guided by cognitive processes and biases that enable them to bend the laws within the confines of their conscience. In this illuminating book, Yuval Feldman analyzes these paradigms and provides a broad theoretical and empirical comparison of traditional and non-traditional enforcement mechanisms to advance our understanding of how states can better deal with misdeeds committed by normative citizens blinded by cognitive biases regarding their own ethicality. By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Feldman proposes a 'law of good people' that should be read by scholars and policymakers around the world.
Over the past decade, the Democratic Republic of the Congo (DR Congo) and South Africa have attracted global attention for high rates of sexual and gender-based violence. Why is it that courts in eastern DR Congo prioritize gender crimes despite considerable logistical challenges, while courts in South Africa, home to a far stronger legal infrastructure and human rights record, have struggled to provide justice to victims of similar crimes? Lake shows that state fragility in DR Congo has created openings for human rights nongovernmental organizations (NGOs) to influence legal processes in ways that have proved impossible in countries like South Africa, where the state is stronger. Yet exploiting opportunities presented by state fragility to pursue narrow human rights goals invites a host of new challenges. Strong NGOs and Weak States documents the promises and pitfalls of human rights and rule of law advocacy undertaken by NGOs in strong and weak states alike.
This is the first book in the Interdisciplinary European Studies collection. This volume provides an interdisciplinary perspective on trust in the EU from the vantage point of political science, law and economics. It applies insights from a number of different dimensions - political institutions, legal convergence in criminal and civil law, social trust, digitalization, the diffusion of political values and norms, monetary convergence and the legitimacy of political systems - to approach the highly complex issue of trust in the EU in a clear-sighted, relevant and insightful manner. Written by renowned experts in the field, the style is accessible and reader-friendly, yet concise, knowledgeable and thought-provoking. The individual chapters combine up-to-date research findings with reflections on on-going political debates and offer useful, concrete ideas on what steps the EU could take to address the challenge of trust. The book provides the reader with invaluable insights into how trust, or rather the lack of trust, poses a challenge to the future of the social, economic and political developments in the EU. It is a must-read for policy-makers, students and interested members of the public who feel concerned by the future of Europe.
Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
This timely book offers revealing insights into the changing role of China in world governance as exemplified by the Silk Road Initiative, the People's Republic's first published major initiative for external affairs. Focusing on various aspects of the Silk Road Initiative, particularly those that are largely neglected in current discussions, including culture and philosophy, finance and investment, environmental protection and social responsibility, judiciary and lawyers, the authors explore a wide range of contexts in which China's role as an emerging power in international relations and international law is examined. In the current era of ever-increasing populism, protectionism and challenges to globalization, the authors explore the Chinese philosophy underpinning Chinese norms of regional and international development. Bearing in mind the political and economic uncertainties hampering the establishment of such norms, the authors offer crucial insights into how the Silk Road Initiative could or should be developed and regulated.Given its depth of coverage, the book is an indispensable read for anyone interested in the Initiative and its social-legal implications.
International courts and tribunals now operate globally and in several world regions, playing significant roles in international law and global governance. However, these courts vary significantly in terms of their practices, procedures, and the outcomes they produce. Why do some international courts perform better than others? Which factors affect the outcome of these courts and tribunals? The Performance of International Courts and Tribunals is an interdisciplinary study featuring approaches, methods and authorship from law and political science, which proposes the concept of performance to describe the processes and outcomes of international courts. It develops a framework for evaluating and explaining performance by offering a broad comparative analysis of international courts, covering several world regions and the areas of trade, investment, the environment, human rights and criminal law, and offers interdisciplinary accounts to explain how and why international court performance varies.
The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016) is an updated version of the original UN Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions of 1991 (commonly known as the Minnesota Protocol). The revised Protocol establishes detailed procedures for crime-scene investigations, interviews of suspects and witnesses, the excavation of graves, post-mortem examinations, and the analysis of skeletal remains. Such investigations, along with subsequent accountability processes, play a vital role in upholding the right to life. The new Protocol is an indispensable tool to guide investigations into suspicious deaths, ensure accountability for violations of the right to life, and bring truth and justice to the families of victims. It is aimed at police officers, medical practitioners, lawyers, judicial officers, NGOs and others involved in death investigations, setting a common standard of performance in the investigation of potentially unlawful death.
The use of third-party countermeasures is an increasingly common phenomenon in international relations, yet their legal position remains uncertain. Providing the first systematic and comprehensive study of this key concept in international law, Martin Dawidowicz explores the position of third-party countermeasures and their safeguards regime based on the development of ideas on countermeasures in the UN International Law Commission and a thorough examination of state practice. The book clarifies the position of third-party countermeasures in international law, and in doing so challenges some widely held assumptions about the likely impact of a regime of third-party countermeasures on international relations. It will be of interest to international law and relations scholars and students, diplomats, policy makers, international civil servants and non-governmental organisations (NGOs) in the field of human rights.
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. Since the Reports began in 1922 over 10,000 cases have been reported in full or digest form. This new companion volume is an indispensable guide to the Reports themselves, as well as being an essential compendium to the vast range of international law jurisprudence over the last eighty years. The Table of Treaties covers in a single consolidation all treaties referred to in volumes 1-120 of the International Law Reports by date and treaty title. It also indicates where the treaties may be found, particularly useful in the case of early and bilateral treaties. The Table is accompanied by indexes to the treaties by party and subject.
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.
This book discusses global mobile satellite communications (GMSC) for maritime, land (road and rail), and aeronautical applications. It covers how these enable connections between moving objects such as ships, road and rail vehicles and aircrafts on one hand, and ground telecommunications subscribers through the medium of communications satellites, ground earth stations, Terrestrial Telecommunication Networks (TTN), Internet Service Providers (ISP) and other wireless and landline telecommunications providers. The new edition covers new developments and initiatives that have resulted in land and aeronautical applications and the introduction of new satellite constellations in non-geostationary orbits and projects of new hybrid satellite constellations. The book presents current GMSC trends, mobile system concepts and network architecture using a simple mode of style with understandable technical information, characteristics, graphics, illustrations and mathematics equations. It represents telecommunications technique and technology, which can be useful for all technical staff on vessels at sea and rivers, on all types of land vehicles, on planes, on off shore constructions and for everyone possessing satellite communications handset phones. The first edition of Global Mobile Satellite Communications (Springer, 2005) was split into two books for the second edition - one on applications and one on theory. This book presents global mobile satellite communications applications.
International law holds a paradoxical position with territory. Most rules of international law are traditionally based on the notion of State territory, and territoriality still significantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming to transgress state boundaries, and the development of technologies resulting in the need to address intangible, non-territorial, phenomena. Yet, notwithstanding some profound changes, it remains impossible to think of international law without a territorial locus. If international law is undergoing changes, this implies a reconfiguration of territory, but not a move beyond it. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law.
In 1955, a conference was held in Bandung, Indonesia that was attended by representatives from twenty-nine nations. Against the backdrop of crumbling European empires, Asian and African leaders forged new alliances and established anti-imperial principles for a new world order. The conference came to capture popular imaginations across the Global South and, as counterpoint to the dominant world order, it became both an act of collective imagination and a practical political project for decolonization that inspired a range of social movements, diplomatic efforts, institutional experiments and heterodox visions of the history and future of the world. In this book, leading international scholars explore what the spirit of Bandung has meant to people across the world over the past decades and what it means today. It analyzes Bandung's complicated and pivotal impact on global history, international law and, most of all, justice struggles after the end of formal colonialism.
This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global "constitutional culture" instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.
Published since 1929 (and featuring cases from 1919) the International Law Reports is devoted to the regular and systematic reporting of decisions of international courts and arbitrators and judgments of national courts. Cases are drawn from every relevant jurisdiction--international and national. This series is an essential holding for every library providing even minimal international law coverage. It offers access to international case law in an efficient and economical manner.
Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.
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