This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency.

'Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance ...' These words mark the beginning of the obligation for states to work together to enforce a multilateral normative treaty. Terrorism and transnational criminal activity heighten the need for harmonisation and improved coordination between enforcement agencies internationally. This volume addresses current national, regional and international practice from the perspective of 'lessons learned' by government officials, private practitioners, prosecutors, police and customs officials, staff members of international courts or treaty-implementing bodies, and academics who gathered in an OPCW international symposium in February 2001. Their work has since been updated and supplemented to include considerations emerging in the aftermath of 11 September 2001. Topics include problems with divergent national implementing legislation, concurrent jurisdiction, extradition, the role of victims and witnesses, export controls, protection of national security or confidential business information in judicial proceedings, and terrorism.

The "imagined community" of the nation,which served as the affective basis for the post-French Revolution social contract, as well as its institutional counter-part, the welfare state, are currently under great stress as states lose control over what once was referred to as the "national economy" In this book a number of authors - historians, legal scholars, political theorists - consider the fate of national democracy in the age of globalization. In particular, the authors ask whether the order of European nation-states, with its emphasis on substantive democracy, is now, in the guise of the European Union, giving way to a more loosely constructed, often federalized system of procedural republics (partly constructed in the image of the United States). Is national parliamentary democracy being replaced by a politico-legal culture, where citizen action increasingly takes place in a transnational legal domain at the expense of traditional (and national) party politics? Is the notion of a nationally-bound citizen in the process of being superceded by a cosmopolitan legal subject?

The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolas Perez Serrano Prize by the Centro de Estudios Politicos y Constitucionales, for the best dissertation in constitutional law 2009-2010.

In an age of globalisation, many regulatory problems lie beyond the reach of the nation state. Solutions have to be found which extend beyond territorial borders. Normally we would expect international law to be the appropriate forum for addressing these issues, but this assumes formal consensus amongst states, which is difficult to obtain. Therefore a number of informal structures of pragmatic public governance have emerged as an alternative to formal law-making processes, operating within the transnational space between national and international law. These structures display a great variety-ranging from loose transboundary networks linking national administrative agencies and transnational expert committees, to networks involving administrative staff of international organisations. They work out their own agendas, and in some cases have emancipated themselves from formal national or international parent institutions. These network-like structures have become important building blocks of global governance, addressing today's regulatory issues in a more flexible way. At the same time their informality raises crucial questions of legitimacy. The present volume shows how transnational administrative governance leads to a paradox: while it performs well in many areas, providing solutions that are not achievable by state and international law, its informality profoundly lacks legitimacy in a strict sense. This book explores, from a socio-legal perspective, a broad range of legitimation mechanisms of different types and quality and shows that there can be a fit between certain forms of legitimation and specific governance constellations. In doing so, the book adds an empirical layer to our understanding of transnational administrative governance.

This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problematique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.

Refugee and Forced Migration Studies has grown from being a concern of a relatively small number of scholars and policy researchers in the 1980s to a global field of interest with thousands of students worldwide studying displacement either from traditional disciplinary perspectives or as a core component of newer programmes across the Humanities and Social and Political Sciences. Today the field encompasses both rigorous academic research which may or may not ultimately inform policy and practice, as well as action-research focused on advocating in favour of refugees' needs and rights. This authoritative Handbook critically evaluates the birth and development of Refugee and Forced Migration Studies, and analyses the key contemporary and future challenges faced by academics and practitioners working with and for forcibly displaced populations around the world. The 52 state-of-the-art chapters, written by leading academics, practitioners, and policymakers working in universities, research centres, think tanks, NGOs and international organizations, provide a comprehensive and cutting-edge overview of the key intellectual, political, social and institutional challenges arising from mass displacement in the world today. The chapters vividly illustrate the vibrant and engaging debates that characterize this rapidly expanding field of research and practice.

Each of the Member States of the European Union has its own constitution, which not only contains the organizational structure of the state but also includes elements that provide a sense of order and identity to the society at large.

This book addresses whether new definitions of order and coherence that will be coined in European constitutional documents will replace the foundations at a national level and whether something will be lost in this transition.

Useful for European and national lawyers, academics, economists, historians, political scientists and sociologists.

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Terrorism and the International Legal Order introduces the various aspects surrounding the efforts which have been undertaken to enhance cooperation and coordination in the war against terrorism. It deals with jurisdiction and extradition, with the ICC and the ICJ, with safe havens and cross-border aspects. Van Krieken brings together key documents on terrorism in the context of the international legal order, all preceded by succinct introductions. He pays ample attention to all the UN organs, the Security Council and ECOSOC in particular, and to the European Union and its efforts to harmonize legislation. As fear exists that the fight against terrorism will erode the human rights regime, Van Krieken puts human rights in the broader context of international law and the quest for peace and justice. But he also extensively addresses the issue of asylum seekers and migrants who may have been, are, or might become involved in terrorism-related acts.

This account of the evolution of outer space law examines key issues that fuel the debates over sovereignty and property rights designed to govern the future colonization and use of heavenly bodies other than our own. In the United States, lobbies for the commercial development of space have become increasingly antagonistic toward the international legal regime of outer space, condemning the 1967 Outer Space Treaty and the unratified 1979 Moon Agreement as anti-business. The Development of Outer Space: Sovereignty and Property Rights in International Space Law argues that the res communis principle enshrined in the Outer Space Treaty was misrepresented here, with essential help from corporate lobbyists whose real object was the defeat of the Law of the Sea Convention. Thomas Gangale builds the legal case for reviving the moribund Moon Agreement as a prelude to negotiating a second Moon treaty to establish a regulatory regime for the exploitation of extraterrestrial resources. The author's account of the inception and evolution of outer space law to date is deeply informed by his appreciation of such terrestrial considerations as the nation-state system, the contending economic theories of capitalism and communism, and the post-colonial struggle between the developed space-faring nations and the developing earthbound nations.

This book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand.

The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law.

Legal Spaces offers an innovative and interdisciplinary approach to law.

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Includes a new introduction by the editor, John Norton Moore. The essays collected in this volume are contributions to a comprehensive legal theory for the regulation of civil war and intervention drawing on the insights of political science and history. The culmination of the Civil War Project of the American Society of International Law Panel on the Role of International Law in Civil Wars, it includes contributions by Moore, Ian Brownlee, Richard A. Falk, Michael Reisman, Richard R. Baxter, Derek Bowett, Wolfgang Friedmann, Oran R. Young, Tom Farer and James N. Rosenau. "[This volume] is a major contribution to the literature of the international aspects of civil war."Robert Gilpin, Foreign Affairs 53 (1974-1975) 777

Although much information is available about the trade provisions of NAFTA, little has been written on its provisions governing the international transfer of labor. For multinationals to remain competitive in the world market, they not only must access international markets for their products, but also the labor force to help them "provide" products. This book is a review of the immigration provisions of NAFTA and a step-by-step guide to help corporate management utilize them in their hiring practices. It also provides a reference source for legal material not easily found elsewhere, a description of the laws and the procedures they govern, a detailed description of how to complete INS forms, and checklists and suggestions to help do so. A unique guide for human resource executives and for their colleagues in the academic community interested in international business practices.

Part I provides a brief overview of the standard immigration provisions that relate to all NAFTA visas. Part II discusses the legal requirements for business persons, treaty traders and investors, and intracompany transferees who enter the United States to conduct business. Part III describes in detail how the United States businesses can hire Canadian and Mexican professionals. Step-by-step descriptions note important differences in the procedures for professionals from Canada and Mexico. The authors describe what professionals qualify, how to complete INS form, obtain TN status for professional employees, apply for extensions, and change or end employment. One chapter is devoted to issues relating to the professional's family. Part IV discusses supplementary issues of the effect of strikes, employer legal obligations, and obtaining permanent residence. The Appendixes include the full text of chapter 16 of NAFTA, relevant laws, INS forms, and checklists and addresses that businesses will find useful for preparing and filing INS petitions.

Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.

The Right to Development in International Law rigorously explores the right to development (RTD) from the perspectives of international law as well as the constitutionally guaranteed fundamental rights and the Islamic concept of social justice in Pakistan. The volume draws on a wide range of relevant sources to analyse the legal status of international cooperation in contemporary international law, before exploring the domestic application of the right to development looking at the example of Pakistan, a country that is undergoing radical transformation in terms of its internal governance structures and the challenges it faces for enforcing the rule of law. Of particular importance is the examination of the RTD and Shari'ah law in Pakistan which adds a new perspective to the RTD debate and enriches the discussion about human rights and Shari'ah across the world. Through focusing on Pakistan the book links international perspectives and the international human rights framework with the domestic constitutional apparatus for enforcing the RTD within that jurisdiction. In doing so, Khurshid Iqbal argues that the RTD may be promoted through existing constitutional mechanisms if fundamental rights are widely interpreted by the superior courts, effectively implemented by the lower courts and if Shari'ah law is progressively interpreted in public interest. Iqbal's work will appeal to researchers, professionals and students in the fields of law, human rights, development, international law, South Asian Studies, Islamic law and international development studies.

Whereas individual Member State governments of the European Union occasionally complain about judgments of the European Court of Justice (ECJ), especially when those judgments curtail that State's policy autonomy in a sensitive domain, the collectivity of the Member State governments have agreed in each treaty revision so far to confirm and extend the far-reaching powers which the ECJ possesses for enforcing EU law. The explanation of the paradox can only be that, deep down, the Member States of the EU remain convinced that an effective ECJ with strong enforcement powers is one of the salient features of EU law which have stood the test of time and feel no inclination to clip the wings of the ECJ for fear that this would affect the effectiveness of the European integration process. Nevertheless, the grumblings about single judgments, or about the consistency and direction of the ECJ in particular policy fields, have never ceased and indeed have become more audible in recent years. This book - now available in paperback - deals with the perception that the ECJ quite often does not leave sufficient autonomy to the Member States in developing their own legal and policy choices in areas where European and national competences overlap.

Despite a substantial legacy of literature on EU interest representation, there is no systematic analysis available on whether a European model of interest representation in EU governance is detectable across functional, and territorial, categories of actors. 'Functional' actors include associations for business interests, the professions, and trade unions, as well as 'NGOs' and social movements; territorial based entities include public actors (such as regional and local government), as well as actors primarily organised at territorial level. What are the similarities and differences between territorial, and functional, based entities, and are the similarities greater than the differences? Are the differences sufficient to justify the use of different analytical tools? Are the differences within these categories more significant than those across them? Is there a 'professionalised European lobbying class' across all actor types? Does national embeddedness make a difference? Which factors explain the success of actors to participate in European governance? This book was originally published as special issue of Journal of European Integration.

Founded in the thirteenth century, the Seigniory of Monaco's independence has been recognised by the main European powers since the Middle Ages. Its status as a sovereign State was recognised by the Treaty of Vienna in 1815, by the Treaty of Versailles in 1919 and by treaties concluded with France in 1641, 1861, 1918 and 2002. A Member State of the UN, the OSCE and the Council of Europe, the Principality of Monaco is qualified as a third State in its relations with the European Union, although its territory has been assimilated to the European customs territory and it has given legal tender to the Euro. In this new edition, Georges Grinda discusses and comments on the public and international life of the State, its political and legal modernization and its future international role.