The Caucasus region, situated on a natural isthmus between the Black Sea and the Caspian Sea, has long been a border zone and a melting pot for a diverse range of cultures and peoples. As the intersection between Europe and Asia, and also - tween Russia and the Ottoman and Persian Empires, it has featured in the strategic plans of numerous great powers over the centuries. Given its abundance of natural resources, the ready-made raw material transport routes to Europe and its enduring position on the edge of Russia, nothing has changed to the present day. The tremendous development opportunities of the Caucasian region are being tarnished by unresolved territorial conflicts that put a continual and regionally balanced growth, sustained democratisation and long-term stability at risk. These conflicts, which all erupted with the dissolution of the Soviet Union, include the separatist movements in Abkhazia, Chechnya, Nagorno-Karabakh and South - setia. The war over South Ossetia, which erupted between Russia and Georgia in August 2008, spelt out the explosive potential still inherent in these conflicts.

The fight against terrorism is receiving increased awareness due to recent wor- wide large-scale terrorist acts, and only since then has some attention been directed specifically to victims of terrorism. Existing legal instruments of international b- ies like the European Union, the Council of Europe and the United Nations c- cerning victims of terrorism are relatively abstract or include victims of terrorism under the broader heading of victims of crime in general. In addition, policies and legislation relating to victims of crime or victims of terrorism vary widely on the domestic level. Against this background, the European Union commissioned a project that should aim to develop more extensive standards for the aid and ass- tance of victims of terrorism at the European level. This study provides the basis from which more extensive standards could be derived. The study focuses parti- larly on developing standards in the field of continuing assistance, access to justice, administration of justice and compensation to victims of terrorism. A novel feature of the approach is that also the possible utility of restorative justice approaches is examined. An important question to address was whether there is a real need to adopt s- cific standards for victims of terrorism, thereby implying that their needs might differ from victims of ordinary crime.

New directives in the European Union forced the national governments to release new laws on the collection and recycling of electronic waste. Producers of electrical/electronic equipment are now required to fulfill several tasks on an administrational level, such as registration and regular declarations, as well as ensure take back and recycling operationally. The national laws and requirements strongly differ from country to country and created a lot of confusion in the past. In this book, consultants from 26 EU member states give a clear and structured recipe how this complicated procedure can be done in the corresponding country. This makes the book being an essential tool for the electrics industry, in particular for international companies.

This volume presents research on current trends in chemical regulations - a fa- growing, complex, and increasingly internationalized field. The book grew out from a multidisciplinary research project entitled 'Regulating Chemical Risks in the Baltic Sea Area: Science, Politics, and the Media', led by Michael Gilek at Soedertoern University, Sweden. This research project involved scholars and experts from natural as well as social sciences, based at Soedertoern University, Swedish Royal Institute of Technology (KTH), Karolinska Institutet, and Umea University. The project group organized a multidisciplinary research conference on chemical risk regulations, held in Stockholm, August 15-17, 2007. Most of the contributions published in this book were, in draft form, first presented at this conference. The conference, like the ensuing edited volume, expanded the geographical focus beyond the Baltic Sea area to include wider European, and to some extent also global trends. Many thanks to all project colleagues and conference participants! We are very grateful for the generous financial support received from The Foundation for Baltic and East European Studies (OEstersjoestiftelsen), The Swedish Research Council Formas, and from Soedertoern University. Without this support the present book would not have been possible. Special thanks to all of our fellow contributors, all of whom have submitted to- cal papers based on high-quality research. Many thanks also to Tobias Evers, who assisted us with technical editing. Finally, we are grateful for the professionalism shown by our editors at Springer.

Gives the reader a detailed account of how cyber-security in Switzerland has evolved over the years, using official documents and a considerable amount of inside knowledge. It focuses on key ideas, institutional arrangements, on the publication of strategy papers, and importantly, on processes leading up to these strategy documents. The peculiarities of the Swiss political system, which influence the way cyber-security can be designed and practiced in Switzerland are considered, as well as the bigger, global influences and driving factors that shaped the Swiss approach to cyber-security. It shows that throughout the years, the most important influence on the Swiss policy-approach was the international level, or rather the developments of a cyber-security policy in other states. Even though many of the basic ideas about information-sharing and public-private partnerships were influenced by (amongst others) the US approach to critical infrastructure protection, the peculiarities of the Swiss political system has led to a particular "Swiss solution", which is based on the federalist structures and subsidiary principles, characterized by stability and resilience to external shocks in the form of cyber-incidents. Cybersecurity in Switzerland will be a stimulating read for anybody interested in cyber-security policy, including students, researchers, analysts and policy makers. It contains not only specific material on an interesting case, but also a wealth of background information on different variations of cyber-security, as well as on information-sharing and public-private partnerships.

From the UN Department of Peacekeeping Operations to the NATO International Staff and the European External Action Service, international bureaucrats make decisions that affect life and death. In carrying out their functions, these officials not only facilitate the work of the member states, but also pursue their own distinct agendas. This book analyzes how states seek to control secretariats when it comes to military operations by international organizations. It introduces an innovative theoretical framework that identifies different types of control mechanisms. The book presents six empirical chapters on the UN, NATO, and EU secretariats. It provides new data from a unique dataset and in-depth interviews. It shows that member states employ a wide range of control mechanisms to reduce the potential loss of influence. They frequently forfeit the gains of delegation to avoid becoming dependent on the work of secretariats. Yet while states invest heavily in control, this book also argues that they cannot benefit from the services of secretariats and keep full control over outcomes in international organizations. In their delegation and control decisions, states face trade-offs and have to weigh different cost categories: the costs of policy, administrative capacity, and agency loss. This book will be of interest to scholars, postgraduates, and officials in international organizations and national governments, dealing with questions of international political economy, security studies, and military affairs.

This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.

At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe's constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as "chiastic theory," which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court's role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.

This timely interdisciplinary work on current developments in ICT and privacy/data protection, coincides as it does with the rethinking of the Data Protection Directive, the contentious debates on data sharing with the USA (SWIFT, PNR) and the judicial and political resistance against data retention. The authors of the contributions focus on particular and pertinent issues from the perspective of their different disciplines which range from the legal through sociology, surveillance studies and technology assessment, to computer sciences. Such issues include cutting-edge developments in the field of cloud computing, ambient intelligence and PETs; data retention, PNR-agreements, property in personal data and the right to personal identity; electronic road tolling, HIV-related information, criminal records and teenager's online conduct, to name but a few.

This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.

This book seeks to fill a gap in the existing literature by examining the role of African States in the development and establishment of the regime of the deep seabed beyond national jurisdiction (the Area) and the concept of the Common Heritage of Mankind.

This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Aland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the Aland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.

By juxtaposing European and American concepts of autonomy in the law as they are applied to families, capital punishment and criminal trials, authors reveal the common values that justify all legal systems. This book sheds new light on the fundamental purpose of law by examining how European and American lawyers, judges, and citizens actually apply and should apply legal autonomy to litigation, legislation, and the law itself.

As international law has become more present in global policy-making, the International Court of Justice (ICJ) has come to occupy an essential and increasingly visible role in international relations. This collection explores substantive developments within the ICJ and offers critical perspectives on its historical and contemporary role. It also examines the growing role of the ICJ in the settlement of international disputes and assesses the impact of the ICJ's jurisprudence on the major areas of international law, from the territorial delimitation to human rights. With contributions from a diverse range of scholars and practitioners, the collection's contents combine a legal perspective with institutional and sociological insights on the functions of the ICJ. By considering the ICJ's character, jurisdiction and effectiveness, this collection offers a varied and holistic account of the International Court of Justice, an institution whose significance and influence only increase by the day.

Space activities are one particularly visible area, where Europe can shape its identity. This publication investigates the effect space activities have already had on building a European "spirit" (e.g. through European missions or European astronauts). It also looks into the effects that activities labelled "national" have on the emergence of a European identity. Based on this analysis, the book's intention is to identify creative ways and means for how to further use space for shaping the European identity. For this purpose the focus is not only on policy analysis but also on expertise from the fields of cultural science and the arts in order to tap their creative potential and also their theoretical approaches to the topic. Selecting this theme provides ESPI with another opportunity to develop its trans-disciplinary approach.

1.1 Cash Flow, Risk, Agency, Information, Investments The first volume dealt with the management of: cash flow (and the exchange of goods and services); risk; agency relationships; and information. The firm m- ages these aspects by legal tools and practices in the context of all commercial transactions. The second volume discussed investments. As voluntary contracts belong to the most important legal tools available to the firm, the second volume provided an - troduction to the general legal aspects of generic investment contracts and p- ment obligations. This volume discusses funding transactions, exit, and a particular category of decisions raising existential questions (business acquisitions). Transactions which can be regarded as funding transactions from the perspective of a firm raising the funding can be regarded as investment transactions from the perspective of an - vestor that provides the funding. Although the perspective chosen in this volume is that of a firm raising funding, this volume will simultaneously provide infor- tion about the legal aspects of many investment transactions. 1.2 Funding, Exit, Acquisitions Funding transactions are obviously an important way to manage cash flow. All - vestments will have to be funded in some way or another. The firm's funding mix will also influence risk in many ways. Funding. The most important way to raise funding is through retained profits and by using existing assets more efficiently. The firm can also borrow money from a bank, or issue debt, equity, or mezzanine securities to a small group of - vestors.

PREMIERE PARTIE TEXTES FONDAMENTAUX ET INFORMATIONS DE CARACTERE GENERAL CHAPITRE I. TEXTES FONDAMENTAUX A. RATIFICATIO~S 3 B. RESERVES ET DECLARATIONS2 3 France 3 Suisse 7 C. DECLARATIONS D' ACCEPTATION DE LA COMPETENCE DE LA COMMIS SION EUROPEENNE DES DROITS DE L'HOMME E~ MATIERE DE RE- QUETES INDIVIDUELLES (Article 25 de la Convention) II Pays-Bas II Suisse II Royaume-Uni 13 D. DECLARATIONS D'ACCEPTATION DE LA JURIDICTION OBLIGATO IRE DE LA COUR EUROPEENNE DES DROITS DE L'HOMME (Article 46 de la Convention) 17 France 17 Islande 19 Pays-Bas 19 Suisse 19 Royaume-Uni 21 E. DEROGATIONS (Article 15 de la Convention) 25 Turquie 25 F. AMENDEME~TS AU REGLEMENT DE LA COUR EUROPEENNE DES DROITS DE L'HOMME 31 G. AMENDEMENTS AU REGLEMENT INTERIEUR DE LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME 35 ANNEXES - Etat des ratifications, declarations et reserves au 31 decembre 1974 74 - Etat des depots des ratifications au 31 decembre 1974 76 VIII TABLE OF CONTENTS CHAPTER II. THE EUROPEAN COMMISSION OF HUMAN RIGHTS A. COMPOSITION B. BIOGRAPHICAL NOTES C. PROCEEDINGS D. SECRETARIAT CHAPTER III. THE EUROPEAN COURT OF HUMAN RIGHTS A. COMPOSITION 94 B. BIOGRAPHICAL NOTES 94 C. SESSIONS AND HEARINGS 8 9 D. REGISTRY OF THE COURT 8 9 CHAPTER IV. PRINCIPAL DEVELOPMENTS IN THE COUNCIL OF EUROPE CONCERNING THE PROTECTION OF HUMAN RIGHTS A. CHRONOLOGICAL LIST OF EVENTS 102 B. WORK OF THE COUNCIL OF EUROPE IN THE FIELD OF HUMAN RIGHTS 106 I. Consultative Assembly 106 2.

With contributions from some of the leading experts in international trade, law, and economics, Joel P. Trachtman and Chantal Thomas have compiled a comprehensive volume that looks at the positioning of developing countries within the WTO system. These chapters address some of the most pressing issues facing these countries, while reflecting on Robert E. Hudec's groundbreaking book, Developing Countries in the GATT Legal System. In his landmark contribution, Hudec argued against preferential and non-reciprocal treatment for developing countries. He did so on the basis of a combination of economic, political and legal insights that persuasively demonstrated that non-reciprocal treatment would not benefit developing countries. It is a testament to Hudec's legacy that his analysis is still the object of scholarly discussion more than 20 years later.
The first part of this book evaluates the general situation of developing countries within the WTO. The second part examines market access and competition law within these countries. Lastly, it discusses the special arrangements these countries have with international financial institutions, the developing country's capacity to litigate, and an analysis of the country's level of participation in WTO dispute settlements.

From its earliest decisions in the 1790s, the U.S. Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law, and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century was a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

Local Space, Global Life engages with the expansive, ground-level and intertwined operations of international law and the development project by discussing the current international focus on local jurisdictions. Since the mid-1980s, and through the discourse of decentralization, municipalities and cities in emerging nations have become the preferred spaces in which to promote global ideals of human, economic and environmental development. Through an ethnographic study of Bogota's recent development experience and the city's changing relation to its illegal neighbourhoods, Luis Eslava interrogates this rationale and exposes the contradictions involved in the international turn to the local. Attentive to historical and current transformations, norms and praxis, and both ideology and materiality, he provides an innovative reading of the nature of international law and the development project, and reveals their impact on local spaces and lives at the urban periphery of today's world order.

This book presents a unique collection of the most relevant perspectives in contemporary human rights philosophy. Different intellectual traditions are brought together to explore some of the core postmodern issues challenging standard justifications. Widely accessible also to non experts, contributions aim at opening new perspectives on the state of the art of the philosophy of human rights. This makes this book particularly suitable to human rights experts as well as master and doctoral students. Further, while conceived in a uniform and homogeneous way, the book is internally organized around three central themes: an introduction to theories of rights and their relation to values; a set of contributions presenting some of the most influential contemporary strategies; and finally a number of articles evaluating those empirical challenges springing from the implementation of human rights. This specific set-up of the book provides readers with a stimulating presentation of a growing and interconnecting number of problems that post-natural law theories face today. While most of the contributions are new and specifically conceived for the present occasion, the volume includes also some recently published influential essays on rights, democracy and their political implementation.

The 2005 UNESCO Convention on Cultural Diversity is a landmark agreement in modern international law of culture. It reflects the diverse and pluralist understanding of culture, as well as its growing commercial dimension. Thirty diplomats, practitioners and academics explain and assess this important agreement in a commentary style. Article by article, the evolution, concepts, contents and implications of the Convention are analysed in depth and are complemented by valuable recommendations for implementation. In an unprecedented way, the book draws on the first-hand insights of negotiators and on the experience of practitioners in implementation, including international cooperation, and combines this with a good deal of critical academic reflection. It is a valuable guide for those who deal with the Convention and its implementation in governments, diplomacy, international organizations, cultural institutions and non-governmental organizations and will also serve as an important resource for academic work in such fields as international law and international relations.

Das Buch behandelt die Entwicklung, Organisation und Tatigkeiten des Max-Plack-Instituts fur auslandisches oeffentliches Recht und Voelkerrecht seit seiner Grundung 1949 bis zum Jahr 2013.

Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of theirincreasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.

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