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The European Union has established relationships with other international organizations and institutions, mainly as a result of its increasingly active role as a global actor and the transfer of competences from the Member States to the EU. Containing chapters by leading scholars, this Research Handbook presents a comprehensive and critical assessment of these relationships, examining both the EU's representation and cooperation as well as the influence of these external bodies on the development of EU law and policy. Insightful and analytical, the Research Handbook explores the interaction of the EU with both formal and informal international institutions as it seeks to become more visible and active within these. The many challenges associated with the limits set by the EU and by international law and politics in relation to EU participation and the 'state-centred' international legal system are assessed. This unique Research Handbook will be a key resource for scholars and students of international and European law and political science, providing a unique overview of the less well-known international organizations in addition to the large institutions. The examination of the development of law and policy will also be of interest to the practitioners of these organizations and those at national ministries.
Offering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the field's development and stressing key principles, processes, and landmark cases. This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. The book has been updated in light of the continuing revolution in communication technology, the dense web of linkages between countries that involve individuals and bodies both formal and informal; and covers important and controversial areas such as human rights, the environment, and issues associated with the use of force. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law. New to the Eleventh Edition Added or expanded coverage of timely issues in international law: Drones and their use in the air and in space Immigration Islamic views of international law Inviolability and the difference between diplomatic immunity and sovereignty, in light of the Benghazi attack Thoroughly rewritten chapters in areas of great change: International criminal law Just war and war crime law New cases, statutes, and treaties on many subjects
Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 170 is devoted to South China Sea Arbitration (Republic of the Philippines versus People's Republic of China) and includes the Award on Jurisdiction and Admissibility of 29 October 2015 together with the Final Award of 12 July 2016.
Set in the context of growing interdisciplinarity in legal research, The Political Economy of International Law: A European Perspective provides a much-needed systematic and coherent review of the interactions between political economy and international law. The contributors reflect the need felt by international lawyers to open their traditional frontiers to insights from other disciplines - and political economy in particular. The methodological approach of the book is to take the traditional list of topics for a general treatise of international law, and to systematically incorporate insights from political economy to each. Students and scholars of political economy and international law will find the topics discussed to be of great interest to their work. This book will also provide valuable insights for economists, lawyers, and policy makers.
The law relating to anti-doping changes rapidly. The World Anti-Doping Code was first adopted in 2003 to provide a common set of anti-doping rules applicable across all sport worldwide. The Code has evolved and changed significantly through two major processes of review. This third edition provides essential guidance and commentary on the 2015 Code which replaces the 2009 Code. The 2015 Code contains many significant changes in the core Articles of the Code, particularly in the regime on sanctions for anti-doping rule violations, and in the amended International Standards. The text outlines how the current law has developed from anti-doping rules and principles in operation before the Code and explains the central role of the Court of Arbitration for Sport in this development and in applying the current Code. This third edition will be an important single resource for any reader working or studying in the field.
Essential Texts in International Law draws together the most important documents needed for the study of international law in a uniquely handy, user-friendly format. Unlike most other texts of this nature, the documents are organised according to subject matter for ease of reference: United Nations and International Peace and Security; State Transactions; State Immunity; State Responsibility; Diplomatic Relations; Economic Relations; Land, Sea, Air and Space; Human Rights; the Environment; and International Criminal Law. Each document has been allocated a unique number, which facilitates navigation for use in the classroom, and is complemented by a detailed subject index. Key features: * Concise but authoritative selection of the essential texts makes this focussed and user-friendly * Intuitive organisation of documents by subject * Unique reference number for each document facilitates navigation * Small, handy reference format for carrying to class
This ambitious book provides a new framework for analysing global international society (GIS). In doing so, it also links the English School's approach more closely to classical sociology, constructivism, liberal institutionalism, realism and postcolonialism. It retells the expansion of international society story to explain why the differences among states are as important as their similarities in understanding the structure and dynamics of contemporary GIS. Drawing on differentiation theory, it sets out four ideal-type models for international society. These cover the 'like units' of the classical English School, as well as differentiation by geography, hierarchy/privilege, and function. These models offer a systematic way to integrate international and world society, and to understand the relationship between the deep structure of primary institutions, and the vast array of intergovernmental and international non-governmental organisations. In this pioneering book, Buzan and Schouenborg present the reader with the first systematic attempt to define criteria for assessing whether international society is becoming stronger or weaker.
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 Association of Southeast Asian Nations (ASEAN) has achieved deeper regional market integration to lay a socio-economic foundation for the development of a regional community, yet inter-state trust is by no means assured as Southeast Asian nations remain steadfast in maintaining their political regime stability against external interference. However, through its institutional practices, ASEAN has emerged as a distinct model of security institution, while the region's contemporary security landscape has diversified with various non-traditional security issues. By looking beyond the veneer of diplomacy and prevailing political circumstances, this book examines the legal nature and form of ASEAN's authority to address diverse regional security issues. It provides a fresh perspective on ASEAN's role as a security institution. With an interdisciplinary analysis, this book reveals the normative role that ASEAN plays in facilitating the processes of norm development, localisation and internalisation as it deals with contemporary security challenges confronting Southeast Asia.
This highly topical book analyses the conflicts between different regulatory regimes governing online gambling in the international context and how these affect the cross-border provision of online gambling. States fundamentally disagree on how to regulate gambling, for moral, religious and social reasons, and therefore regulatory regimes differ, ranging from the prohibitionist to the permissive. The authors examine the latest legislation and cases concerning online gambling by comparing different regulatory models. They also explain conflict of laws issues, including which state or court is competent, which law is applicable, and what rules govern enforcement in cross-border e-gambling disputes. Invaluably, the book makes sense of the myriad of cases in the EU internal market and the WTO. This unique book represents a detailed examination of the international law issues of cross-border online gambling. It will prove to be useful for academic scholars as well as postgraduate and advanced undergraduate students. Legal advisors within the gambling sector, regulators and policymakers, government departments and agencies, as well as intergovernmental and international organizations will also find this book an enriching resource.
Global performance indicators (GPIs), such as ratings and rankings, permeate nearly every type of human activity, internationally and nationally, across public and private spheres. While some indicators aim to attract media readership or brand the creator's organization, others increasingly seek to influence political practices and policies. The Power of Global Performance Indicators goes beyond the basic questions of methodological validity explored by others to launch a fresh debate about power in the modern age, exploring the ultimate questions concerning real-world consequences of GPIs, both intended and unintended. From business regulation to terrorism, education to foreign aid, Kelley and Simmons demonstrate how GPIs provoke bureaucracies, shape policy agendas, and influence outputs through their influence of third parties such as donors and market actors and, potentially, even broader global authority structures.
International and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies 'revenge speech' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.
This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding. The concise chapters are organized into two parts. Part One provides a structural overview of the law, with up-to-date coverage of practice and case law reflecting the key international law reports. Part Two offers specific case studies, asking probing questions in order to explore how the international legal order deals with breaches of its norms and what rights and faculties are accorded to the aggrieved State. With an approach that is legally analytical yet also practical, this accessible book will provide valuable insights to both scholars and practitioners of international law. Its clear structure and guidance on the latest practice and case law will also make it an ideal choice for students.
Military coups are a constant threat in Africa and many former military leaders are now in control of 'civilian states', yet the military remains understudied, especially over the last decade. Drawing on extensive archival research, cross-national data, and four in-depth comparative case studies, When Soldiers Rebel examines the causes of military coups in post-independence Africa and looks at the relationship between ethnic armies and political instability in the region. Kristen A. Harkness argues that the processes of creating and dismantling ethnically exclusionary state institutions engenders organized and violent political resistance. Focusing on rebellions to protect rather than change the status quo, Harkness sheds light on a mechanism of ethnic violence that helps us understand both the motivations and timing of rebellion, and the rarity of group rebellion in the face of persistent political and economic inequalities along ethnic lines.
This timely two-volume set collects together the most influential legal scholarship on the enforcement of human rights at institutional level, both regional and international. The first volume includes articles that discuss charter-based and reporting monitoring procedures as well as the role of high commissioners and treaty bodies. The articles in the second volume focus on the movement towards establishing quasi-judicial procedures, and the judicial enforcement of human rights and interim measures, concluding with a thoughtful consideration of the potential for universal judicial enforcement - a world court of human rights. Together with an original introduction by the editor, this insightful collection will be an essential research resource for those studying, working or teaching in this important field.
This book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation's political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation's democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.
In times in which global governance in its various forms, such as human rights, international trade law, and development projects, is increasingly promoted by transnational economic actors and international institutions that seem to be detached from democratic processes of legitimation, the question of the relationship between international law and empire is as topical as ever. By examining this relationship in historical contexts from early modernity to the present, this volume aims to deepen current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance. As it explores fundamental ways in which international legal discourses have operated in colonial as well as European contexts, the book enters a heated debate on the involvement of the modern law of nations in imperial projects. Each of the chapters contributes to this emerging body of scholarship by drawing out the complexity and ambivalence of the relationship between international law and empire. They expand on the critique of western imperialism while acknowledging the nuances and ambiguities of international legal discourse and, in some cases, the possibility of counter-hegemonic claims being articulated through the language of international law. Importantly, as the book suggests that international legal argument may sometimes be used to counter imperial enterprises, it maintains that international law can barely escape the Eurocentric framework within which the progressive aspirations of internationalism were conceived
Measuring Justice explores the ways in which South African court and managerial prosecutors deal with the quantification of social phenomena - such as justice, professional work or accountability - and address the radical simplifications of their inherent complexities, misrepresentations and editing as a consequence. While various studies show the concern of professionals about the damaging effects these quantitative forms of accountability have on the creativity, freedom and collaborative nature of expert systems, Mugler shows that the reactions and attitudes of these legal professionals differ substantially. Through careful scrutiny of the everyday work of prosecutors and how they reflect on the relationship between accountability, quantification and law, this book argues that actors who work daily with quantitative accountability measures develop a numerical reflexivity about the process.
For forty years, successive editions of Ethical Theory and Business have helped to define the field of business ethics. The 10th edition reflects the current, multidisciplinary nature of the field by explicitly embracing a variety of perspectives on business ethics, including philosophy, management, and legal studies. Chapters integrate theoretical readings, case studies, and summaries of key legal cases to guide students to a rich understanding of business ethics, corporate responsibility, and sustainability. The 10th edition has been entirely updated, ensuring that students are exposed to key ethical questions in the current business environment. New chapters cover the ethics of IT, ethical markets, and ethical management and leadership. Coverage includes climate change, sustainability, international business ethics, sexual harassment, diversity, and LGBTQ discrimination. New case studies draw students directly into recent business ethics controversies, such as sexual harassment at Fox News, consumer fraud at Wells Fargo, and business practices at Uber.
Governments across the globe have begun evolving from lumbering bureaucracies into smaller, more agile special jurisdictions - common-interest developments, special economic zones, and proprietary cites. Private providers increasingly deliver services that political authorities formerly monopolized, inspiring greater competition and efficiency, to the satisfaction of citizens-qua-consumers. These trends suggest that new networks of special jurisdictions will soon surpass nation states in the same way that networked computers replaced mainframes. In this groundbreaking work, Tom W. Bell describes the quiet revolution transforming governments from the bottom up, inside-out, worldwide, and how it will fulfill its potential to bring more freedom, peace, and prosperity to people everywhere.
With existing literature focusing largely on Western perspectives of peace and their applications, a global understanding of peace is much needed. Spurred by more recent debates and discourses that criticize the dominant realist and liberal approaches for crises in contemporary state- and peace-building, the contributors to this handbook emphasize not only the need to solve this eternal conundrum of humanity, but also demand-with the rise of increasingly more violent conflicts in international relations-the development of a global interpretive framework for peace and security. To this end, the present handbook examines conceptual, institutional and normative interpretive approaches for making, building and promoting peace in the context of roles played by state and non-state actors within local, national, regional, and global units of analysis.
When and how do states intervene in elections in other countries? Foreign interveners may aim to further the process of clean elections, or they may support the campaign of a candidate they like. It could also be in their best interest to do both at the same time. Bubeck and Marinov systematically analyze various scenarios using a dataset covering more than three hundred elections in over a hundred countries. They show both theoretically and empirically that states with a liberal mission, such as the United States, combine promoting democracy with helping their political allies win office. Political divisions invite foreign interventions, and foreign interference, in turn, makes targeted societies more polarized along political lines. Whilst the authors argue that foreign interventions do not always harm democracy and may even help the cause of free elections, they also show how elections can turn into proxy wars, in which powerful states compete against each other, through their local allies.
Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 168 reports on, amongst others, the 2012 judgment of International Court of Justice in Jurisdictional Immunities of the State (Germany v. Italy) and related decisions from Belgium, Brazil, Italy, Poland and Slovenia, the 2014 judgment of European Court of Human Rights in Jones v. United Kingdom and Judgment No. 238/2014 of the Italian Constitutional Court.
The jurisprudential conception of effective control is rooted in outmoded conc- tions of hierarchical organizational structure. By extension, the current template for evaluating effective control poses an increasing risk that culpable commanders will escape liability by exploiting the lacunae in current case law. This article p- poses that jurists should analyze command/superior responsibility cases with full cognizance of modern command and control theory in order to sustain its viability as a practical prosecutorial tool to regulate the crimes committed by loosely knit groups and non-state actors conducting atrocities in chaotic circumstances. The Composite Theory proposed herein would support liability for the acts of subor- nates on the theory that commanders who field fighting organizations without the proper methods for enforcing compliance with the laws and customs of war - sume the risk of criminal sanction where criminal violations occur by their sub- dinates, regardless of the nature of the organization. Despite its broad acceptance and frequent regurgitation in jurisprudence, the doctrine of effective control drawn from the essence of the leader's authority is increasingly inapplicable to non-state actors who conduct hostilities in non-tra- tional conflicts. The independent emergence of the principle that the commander's orders operate with the force of law to limit the application of violence in widely disparate cultures and historical periods suggests that it is more than just a legal technicality, but instead is fundamental to the nature of warfare itself.
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