In ten years 80 per cent of the legislation related to economics, maybe also to taxes and social aff airs, will be of Community origin." This declaration has been largely quoted, paraphrased and deformed by different authors, creating a persistent myth according to which 80% of the legislative activity of the national legislatures would soon be reduced to the simple transposition of European norms". This book addresses the topic of the scope and impact of Europeanization on national legislation, as a part of the Europeanization debate which raises normative concerns linked to the "democratic deficit" debate. The state of the art shows that there are many assumptions and claims on how European integration may affect national legislation and, more generally, domestic governance but that there is a lack of solid and comparative data to test them. The aim of the book is to give a solid and comparative insight into Europeanization focusing on effective outcomes in a systematic way. This book analyzes the period 1986-2008 and includes an introduction, a global overview of European legislative activities which set the background for Europeanization of national legislatures, 9 country contributions (8 EU member states + Switzerland) including systematic, comparative and standardized data, tables and figures, and a conclusion with a comparative analysis of the European and domestic reasons for Europeanization. All national contributions conclude that Europeanization of national legislation is much more limited than assumed in the literature and public debate. It is limited to 10 to 30% of laws (depending on the country), far less than the 80% predicted by Jacques Delors and mentioned daily by medias and public opinion leaders to demonstrate EU domination on member states. Beside that general statement, the various chapters propose a deep insight on EU constraint over national legislation, providing much information on the kind of laws and policies that are Europeanized, the evolution of this process through time, the impact of Europeanization on the balance of powers and the relations between majority and opposition at national level, the strategies developed by national institutions in that context, and many other issues, making the book of interest to academics and policy-makers concerned with Europeanization and national legislation.

In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of international legal skepticism, and understanding why it matters. Is international law morally defensible? This book makes a start to answering that question by engaging with recent debates on the nature and grounds of human rights, the moral justifiability of the law of war, the concept of a crime against humanity, the moral basis of universal jurisdiction, the propriety of international law governing secession, and the justice of international trade law.

In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of international legal skepticism, and understanding why it matters. Is international law morally defensible? This book makes a start to answering that question by engaging with recent debates on the nature and grounds of human rights, the moral justifiability of the law of war, the concept of a crime against humanity, the moral basis of universal jurisdiction, the propriety of international law governing secession, and the justice of international trade law.

The majority of European early modern empires - the Castilian, French, Dutch, and English/British - developed practices of jurisdictional accumulation, distinguished by the three categories of extensions, transports, and transplants of authority. This book is concerned with various diplomatic and colonial agents which enabled the transports and transplants of sovereign authority. Through historical analyses of ambassadors and consuls in the Mediterranean based on primary and secondary material, and on the empires' Atlantic imperial expansions and conquests, the book makes a major analytical contribution to historical sociology. As an interdisciplinary exercise in conceptual innovation based on a Political Marxist framework and its concept of social property relations, the book goes beyond common binaries in both conventional and critical histories. The new concept of jurisdictional accumulation brings ambassadors, consuls, merchants, and lawyers out of the shadows of empire and onto the main stage of the construction of modern international relations and international law.

Amid a global health crisis, the process for declaring a Public Health Emergency of International Concern (PHEIC) is at a crossroads. As a formal declaration by the World Health Organization, a PHEIC is governed by clear legislation as to what is, and what is not, deemed a global health security threat. However, it has become increasingly politicized, and the legal criteria now appear to be secondary to the political motivation or outcome of the announcement. Addressing multiple empirical case studies, including COVID-19, this multidisciplinary book explores the relationship between international law and international relations to interrogate how a PHEIC is declared and its role in how we collectively respond to outbreaks.

The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.

The Jewish leftist lawyer Ernst Fraenkel was one of twentieth-century Germany's great intellectuals. During the Weimar Republic he was a shrewd constitutional theorist for the Social Democrats and in post-World War II Germany a respected political scientist who worked to secure West Germany's new democracy. This book homes in on the most dramatic years of Fraenkel's life, when he worked within Nazi Germany actively resisting the regime, both publicly and secretly. As a lawyer, he represented political defendants in court. As a dissident, he worked in the underground. As an intellectual, he wrote his most famous work, The Dual State - a classic account of Nazi law and politics. This first detailed account of Fraenkel's career in Nazi Germany opens up a new view on anti-Nazi resistance - its nature, possibilities, and limits. With grit, daring and imagination, Fraenkel fought for freedom against an increasingly repressive regime.

As knowledge of Latin continues to diminish, its frequent use in cases, textbooks, treaties, and scholarly works baffles law students, practitioners, and scholars alike. Many of the Latin terms commonly used by international lawyers are not included in some of the more popular law dictionaries. Terms and phrases included in modern dictionaries usually offer nothing more than a literal translation without sufficient explanation or context provided. The Guide to Latin in International Law provides a comprehensive approach and includes both literal translations and definitions with several useful innovations. Included is not only the modern English pronunciation but also the classical or "restored" pronunciation. Its etymology is more complete than the leading law dictionary on the market, and the definition for each term includes examples used in context whenever helpful. Each entry is also cross-referenced to related terms for ease of use. This updated edition is the quintessential desktop reference for understanding Latin terms and phrases across all areas of international law.

International public administrations (IPAs) have become an essential feature of global governance, contributing to what some have described as the 'bureaucratization of world politics'. While we do know that IPAs matter for international politics, we neither know exactly to what extent nor how exactly they matter for international organizations' policy making processes and subsequent outputs. This book provides an innovative perspective on IPAs and their agency in introducing the concept of administrative styles to the study of international organizations and global public policy. It argues that the administrative bodies of international organizations can develop informal working routines that allow them to exert influence beyond their formal autonomy and mandate. The theoretical argument is tested by an encompassing comparative assessment of administrative styles and their determinants across eight IPAs providing rich empirical insight gathered in more than 100 expert interviews.

The law of treaties is in constant motion, understood not only as locomotion, but also as motion through time and as change. Thus, kinesis and stasis, two sides of the same concept of 'motion', are the central themes of Treaties in Motion. The concept of motion adopted in this book is based on the philosophy of Aristotle. He identified six types of motion: creation (genesis), increase (auxesis), diminution (meiosis), alteration (alloiosis), destruction (phthora), and change of place (kata topon metabole), which has been amended by the authors to change in space-time (kata topon kai chronon metavole) to reflect our modern scientific understanding of time as a dimension through which motion and change occurs. Each chapter's analysis proceeds by focusing on a specific area of a treaty's 'life-cycle', where each type of motion shines through and is described through three different frames of reference: treaties, the Vienna Convention of the Law of Treaties, and customary law.

China sometimes plays a leadership role in addressing global challenges, but at other times it free rides or even spoils efforts at cooperation. When will rising powers like China help to build and maintain international regimes that sustain cooperation on important issues, and when will they play less constructive roles? This study argues that the strategic setting of a particular issue area has a strong influence on whether and how a rising power will contribute to global governance. Two strategic variables are especially important: the balance of outside options the rising power and established powers face, and whether contributions by the rising power are viewed as indispensable to regime success. Case studies of China's approach to security in Central Asia, nuclear proliferation, global financial governance, and climate change illustrate the logic of the theory, which has implications for contemporary issues such as China's growing role in development finance.

In A Critical Appraisal of Initial Coin Offerings: Lifting the "Digital Token's Veil", Dominika Nestarcova examines the regulatory treatment of initial coin offerings ('ICOs'), a novel form of raising capital, where start-up companies issue blockchain-based assets ('digital tokens') to the public in return for a payment. The ICO model promises to utilize blockchain technology to enforce financial contracting via the underlying code, thereby substituting the traditional securities regulation. Dominika Nestarcova provides an in-depth analysis of this promise by examining the nature of digital tokens, the process, underlying benefits and risks to the model and the current state of the ICO regulation with an aim to uncover how the self-regulatory promise offered by ICOs lives up the expectations.

Written as the decade-long Syria conflict nears an end, this is the first book-length treatment of how the Syrian war has changed international law. In The Syrian Conflict's Impact on International Law, the authors explain the history of the current conflict in Syria and discuss the principles and process of customary international law formation and the phenomenon of accelerated formation of customary international law known as Grotian Moments. They then explore specific examples, including how use of force against ISIS in Syria has changed the law of self-defense against non-state actors, how the allied airstrikes in response to Syria's use of chemical weapons have changed the law of humanitarian intervention, and others. This book seeks to contribute both to understanding the concept of accelerated formation of customary international law and the specific ways the Syria conflict has led to development of new norms and principles in several areas of international law.

Power Sharing and Democracy in Post-Civil War States examines the challenge of promoting democracy in the aftermath of civil war. Hartzell and Hoddie argue that minimalist democracy is the most realistic form of democracy to which states emerging from civil war violence can aspire. The adoption of power-sharing institutions within civil war settlements helps mitigate insecurity and facilitate democracy's emergence. Power sharing promotes 'democratization from above' by limiting the capacity of the state to engage in predatory behavior, and 'democratization from below' by empowering citizens to participate in politics. Drawing on cross-national and case study evidence, Hartzell and Hoddie find that post-civil war countries that adopt extensive power sharing are ultimately more successful in transitioning to minimalist democracy than countries that do not. Power Sharing and Democracy in Post-Civil War States presents a new and hopeful understanding of what democracy can look like and how it can be fostered.

Antje Wiener examines the involvement of local actors in conflicts over global norms such as fundamental rights and the prohibition of torture and sexual violence. Providing accounts of local interventions made on behalf of those affected by breaches of norms, she identifies the constraints and opportunities for stakeholder participation in a fragmented global society. The book also considers cultural and institutional diversity with regard to the co-constitution of norm change. Proposing a clear framework to operationalize research on contested norms, and illustrating it through three recent cases, this book contributes to the project of global international relations by offering an agency-centred approach. It will interest scholars and advanced students of international relations, international political theory, and international law seeking a principled approach to practice that overcomes the practice-norm gap.

One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

In recent decades, new international courts and other legal bodies have proliferated as international law has broadened beyond the fields of treaty law and diplomatic relations. This development has not only triggered debate about how authority may be held by institutions beyond the state, but has also thrown into question familiar models of authority found in legal and political philosophy. The essays in this book take a philosophical approach to these developments, debates and questions. In doing so, they seek to clarify the relevant issues underpinning, as well as develop possible solutions to the problem of how legal authority may be constructed beyond the state.

The concept of 'human security' has influenced discourse and practice and has been the subject of vigorous debate. Despite its relevance to central questions of international law, human security has until recently received little attention from international lawyers. This book has two related goals: to evaluate human security as a concept that could be used in the analysis of international law, and to determine what insights about a human security approach might be gained by considering it from the perspective of international law. The first part of the book examines the evolution and meanings of the concept and its links with existing theories and principles of international law. The second part explores the ways in which human security has been and could be used in relation to the diverse topics of humanitarian intervention, internally displaced persons, small arms control, and global public health. The analysis sheds new light on debates about the concept's potential and limitations.

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.

This open access book discusses how national citizenship is being transformed by economic, social and political change. It focuses on the emergence of global markets where citizenship is for sale and on how new reproduction technologies impact citizenship by descent. It also discusses the return of banishment through denationalisation of terrorist suspects, and the impact of digital technologies, such as blockchain, on the future of democratic citizenship. The book provides a wide range of views on these issues from legal scholars, political scientists, and political practitioners. It is structured as a series of four conversations in which authors respond to each other. This exchange of arguments provides unique depth to current debates about the future of citizenship.

Comparative constitutional law has a long pedigree, but the comparative study of constitution-making has emerged and taken form only in the last quarter-century. While much of the initial impetus came from the study of the American and French constituent assemblies in the late eighteenth century, this volume exemplifies the large comparative scope of current research. The contributors discuss constituent assemblies in South East Asia, North Africa and the Middle East, Latin America, and in Nordic countries. Among the new insights they provide is a better understanding of how constituent assemblies may fail, either by not producing a document at all or by adopting a constitution that fails to serve as a neutral framework for ordinary politics. In a theoretical afterword, Jon Elster, an inspirational thinker on the current topic, offers an analysis of the micro-foundations of constitution-making, with special emphasis on the role of crises-generated passions.

Socio-centric societies have vibrant - albeit different - concepts of human flourishing than is typical in the individualistic West. These concepts influence the promotion of human rights, both in domestic contexts with religious minorities and in international contexts where Western ideals may clash with local norms. Human Rights in Thick and Thin Societies uncovers the original intentions of the drafters of the Universal Declaration of Human Rights, finds inspiration from early leaders in the field like Eleanor Roosevelt, and examines the implications of recent advances in cultural psychology for understanding difference. The case studies included illustrate the need to vary the application of human rights in differing cultural environments, and the book suggests a new framework: a flexible universalism that returns to basics - focusing on the great evils of the human condition. This approach will help the human rights movement succeed in a multipolar era.

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.

Under what conditions does a post-conflict government have authority? What challenges to its legitimacy does it face? To what standards can it be held accountable? Via case studies of Sierra Leone and Afghanistan, and detailed accounts of extant international law, Matthew Saul explores the international legal framework which regulates popular governance of post-conflict reconstruction.

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.