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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This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.

Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?

In this groundbreaking study, Christopher Warren argues that early modern literary genres were deeply tied to debates about global legal order and that todayas international law owes many of its most basic suppositions to early modern literary culture. Literature and the Law of Nations shows how the separation of scholarship on law from scholarship on literature has limited the understanding of international law on both sides. Warren suggests that both literary and legal scholars have tacitly accepted tendentious but politically consequential assumptions about whether international law is areala law. Literature and the Law of Nations recognizes the specific nature of early modern international law by showing how major writers of the English Renaissance-including Shakespeare, Milton, and Hobbes-deployed genres like epic, tragedy, comedy, tragicomedy, and history to shore up the canonical subjects and objects of modern international law. Warren demonstrates how Renaissance literary genres informed modern categories like public international law, private international law, international legal personality, and human rights. Students and scholars of Renaissance literature, intellectual history, the history of international law, and the history of political thought will find in Literature and the Law of Nations a rich interdisciplinary argument that challenges the usual accounts by charting a new literary history of international law.

Ballast water management is a complex subject with many issues and still limited knowledge, however, it is building up on new scientific researches and practical experience. The Ballast Water Management Convention is the global legal framework which still needs to be implemented. This book brings together a long-term and newest experience from practical work, scientific research, administration and policy involvements, offering unique insights to readers who would like to learn more about this subject. It also provides recommendations and practical solutions especially important for professionals, administrations and organizations in the process of the implementation of this Ballast Water Management Convention.

On the occasion of the twenty-fifth anniversary of the Netherlands Institute of International Relations 'Clingendael' The Netherlands Institute of International Affairs 'Clingendael' celebrates its 25th anniversary in 2008. This is not only a reason to look in retrospect, but also to look into the future. In this book, research fellows from the Institute shed some light on the near future regarding their research topics. Various themes in the field of Diplomacy, European integration, Security, and Energy are dealt with. In the tradition of the Clingendael Institute, being a policy-relevant think-tank, the different contributions to this book are not hypothetical foresights written from an ivory tower, but thought-provoking, policy-oriented chapters that will be relevant to anyone interested in international relations. Prof. Dr Jaap de Zwaan is Director of the Clingendael Institute, Dr Edwin Bakker is Head of the Clingendael Security and Conflict Programme, Sico van der Meer MA is a Research Fellow in the Clingendael Security and Conflict Programme.

This book examines the relationship between governments and international organizations under international law. After surveying the policing powers of international organizations under international law, it illustrates some normative aspects of law that distinguish regulation from enforcement via study of recent legal cases before international judicial bodies. According to Dimitris Liakopoulos's expert analysis, if the two provisions codify the same general rule, the peculiarities of the relationship between an international organization and individual governments mean that sanctions decline when measured against the hypothesis that the latter facilitate an organization's violation of its obligations to all. The book concludes with peculiarities in the enforcement of international law by international organizations.

Developing CDM Projects in the Western Balkans: Legal and Technical Issues Compared, arises from the professional practical experience gained by an interdisciplinary team of legal and technical experts acting in the framework of the environmental bilateral cooperation performed by the Italian Ministry for the Environment, Land and Sea in the Western Balkan countries, through the "Task Force for Central and Eastern Europe."

The added value of the book consists in the fact that it jointly presents the real professional experience gained by a multi sectoral team of lawyers, economists, engineers and other technical experts, working in synergy with a shared vision.

This volume will be useful not only to those specifically interested in the Western Balkan area, but represents a broader example of lessons learned in the development of CDM projects. Therefore, it may have a broad market among Government officials and legal-economic-technical professionals dealing with climate change issues as well as academics developing scientific research in this field.

Mobile phones are the most ubiquitous communications technology in the world. Besides transforming the way in which we communicate, they can also be used as a powerful tool for conflict prevention and management. This book presents innovative uses of mobile technologies in the areas of early warning, disaster and humanitarian relief, governance, citizens' participation, etc. and cuts across different regions. The book brings together experts and practitioners from different fields-mobile technologies, information systems, computer sciences, online dispute resolution, law, etc.-to reflect on present experiences and to explore new areas for research on conflict management and online dispute resolution (ODR). It also reflects on the transition from present ODR to future mobile Dispute Resolution and discusses key privacy issues. The book is addressed to anyone involved in conflict prevention and dispute management aiming to learn how mobile technologies can play a disruptive role in the way we deal with conflict.

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."

This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global "constitutional culture" instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.

In today's world of globalisation the position of the highest national courts is changing. Traditionally, the highest courts have the task of safeguarding the coherency of law within the territory of their jurisdiction. Being at the top of the hierarchy of courts in their country, there was no other authority above them. This picture is being thoroughly disturbed by the internationalisation of law, which has brought the domestic legal systems into close contact with each other and which has created hierarchies among the highest national courts. This book is an important tool for national judges, judges and staff of international courts, civil servants at ministries of justice, and others studying or practising law on the dividing line between the national and international level. It contains a reflection of the exchange of views that took place during a session of the Hague Colloquium on the Fundamental Principles of Law, which sought to identify the challenges which emerge for the highest national courts in an internationalising world. Sam Muller is Director of the Hague Institute for the Internationalisation of Law (HiiL), The Hague, the Netherlands. Marc Loth was Dean and Professor of jurisprudence and legal theory at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands at the time of working on this book. He is a member of the Dutch Hoge Raad (Supreme Court).

This book is both a repertory guide to the Convention on International Civil Aviation (Chicago Convention) as well as a legal analysis of the provisions of the treaty. It traces action taken by the ICAO Assembly and the Council in the implementation of the Convention from the first ICAO Assembly in 1947 until 2012. Above all, the book offers a commentary on the functional and moral fabric of the Chicago Convention, which is not only a multilateral legal instrument that sets out basic principles of air navigation and air transport, but also serves as a moral compass that brings the people of the world together.

The teleological nature of the Chicago Convention is reflected from the outset from its Preamble which sets the tone and philosophy of the Convention that aviation builds friendship and understanding among all people, to its technical provisions that range from rules of the air to landing at airports and customs and immigration procedures. The book effectively demonstrates the Aristotelian principle that rules make people good by forming habits in them. Standardization, or in other words, compliance, is the driver of the Convention that keeps aviation safe, regular, efficient and economical. To that end, this book traces and details the sustained relevance of the Chicago Convention and the efforts of ICAO and the international aviation community towards keeping air transport on track and ready for its future exponential growth, both in letter and in spirit. "

The mission of the The Italian Yearbook of International Law is to make available to the English-speaking public the Italian contribution to the literature and practice of international law. Volume XXIX (2019) opens with a Symposium on the challenges to multilateralism in international trade law. As in every volume the following sections feature Articles, Notes and Comments, Practice of International Courts and Tribunals, Italian Practice of International Law and Bibliographies.

Capturing the Change: Universalising Tendencies in Legal Interpretation Joanna Jemielniak and Przemys aw Mik aszewicz International and supranational integration on the European continent, as well as the harmonisation of the rules of international trade and the accompanying dev- opment and global popularity of the resolution of commercial disputes through arbitration, constantly exerts a considerable in uence on modern legal systems. The sources of each of these phenomena are different, and their action is dissimilar. Each can be described as reaching either from the top to the bottom, through the direct involvement of interested States and consequently affecting their internal legal s- tems (international and supranational integration; harmonisation of trade regulations through public international law instruments), or bottom-up, as a result of activity by private parties, leading to the achievement of uniform practices and standards (ar- tration, lex mercatoria). Nonetheless, they both enrich national legal cultures and contribute to transgressing the limits of national (local) particularisms in creating, interpreting and applying the law. The aim of this book is to demonstrate how these processes have in uenced the interpretation of law, how they have shaped the methods and techniques of the interpretation and with what consequences for the outcomes of the interpretative procedures. In assessing the extent of this in uence, due regard must be paid to the fact that the interpretation of law is not, in principle, directly determined by the provisions of law itself.

This book addresses some of the most debated topics preceding the UK referendum on membership of the EU, namely welfare services and free movement of citizens. The work improves understanding of the implications of the European Economic Area (EEA) Agreement, which is the most integrated form of association agreement with the EU for non-member states. The author considers the impact of EEA law on both European Free Trade Association (EFTA) states and on EU Member States, and looks at case law. A broad range of welfare services are analysed, including public healthcare and educational services, various social services, and public utilities such as transport and public broadcasting. Free movement of students, of patients and public financing of welfare services are among the issues explored. The focus here is particularly on legal aspects and the demonstrated development of the EEA Agreement into the welfare sphere. This work enables a sophisticated analysis about the nature of the principles of homogeneity and dynamism. The book is essential reading for scholars who seek to understand the EU's legal framework, the EEA Agreement and its implications. The topics covered are also relevant to UK/EU discussions on future relations, both for intermediate and long-term arrangements.

The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the european Union. One of the key functions or purposes of international law (and law in general for that matter) is to provide long-term stability and legal certainty. Yet, international legal rules may also function as tools to deal with non-permanent or constantly changing issues and rather than stable, international law may have to be flexible or adaptive. Prima facie, one could think of two main types of temporary aspects relevant from the perspective of international law. First, the nature of the object addressed by international law or the 'problem' that international law aims to address may be inherently temporary (temporary objects). Second, a subject of international law may be created for a specific period of time, after the elapse of which this entity ceases to exist (temporary subjects). These types of temporariness raise several questions from the perspective of international law, which are hardly addressed from a more conceptual perspective. This volume of the Netherlands Yearbook of International Law aims to do exactly that by asking the question of how international law reacts to various types of temporary issues. Put differently, where does international law stand on the continuum of predictability and pragmatism when it comes to temporary issues or institutions?

Review excerpts from the book on Scribd International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties' freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators' freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.

Following 9/11 the United States faced a situation of exceptional insecurity. In that period the Bush administration argued that certain international norms did not apply to US conduct. Its argument was underpinned by the claim that the United States was in a state of armed conflict or war with a new kind of enemy. The purpose of this book is to examine whether this approach outlasted the moment of insecurity that gave rise to it. More than a decade on from those attacks, and following a change of administration, what influence do these arguments have on American policy? To answer this question it focuses on four areas of policy: the use of force and the prosecution, detention and interrogation of suspected terrorists. It demonstrates how the Bush policy programme was contested by liberals and realists from the outset. Any expectation that the war on terror would end following the election of President Obama has, however, proven unfounded. Obama consolidated the liberal pushback against aspects of the Bush programme but the US has continued to argue a state of armed conflict exists. The scope of the battlefield and the definition of the enemy has been a source of intense debate but the fact that the Guantanamo Bay detention facility remained open long after the President promised to close it is indicative of the underlying continuity. It is argued that this is driven in part by domestic politics and in part by an understanding of how the terrorist threat is evolving.

This groundbreaking new volume provides the first comprehensive review of the Libyan conflict of 2011. The book expands on and complements the report of the Commission of Inquiry to the United Nations Human Rights Council, and provides the reader with the information essential to understanding the Libyan conflict, its causes and ramifications, and the difficulties the country faces as it rebuilds in the wake of 40 years of repression and the effects of a brutal civil war.

The Role of Legal Advisers in International Law sheds light on the position, activities and influence of legal advisers in the domain of international law. This is a novel and edifying perspective in that it surveys and appraises important undertakings of legal advisers in domestic and international legal forums and their role in the development, interpretation and application of international law. Building upon their extensive knowledge and experience, contributors to the book analyse themes such as influence of various legal traditions (including the British) on the work of legal advisers, their position in the diplomatic decision-making process, the role of ethics in providing legal advice, and their contributions - in various forms - to the development and strengthening of the international legal system. Please also see the following related titles: - British Influences on International Law, 1915-2015 - British Contributions to International Law, 1915-2015

This study presents a general history of how journalism as an emerging profession became internationally organized over the past one hundred and twenty years, seen mainly through the associations founded to promote the interests of journalists around the world.

Through a detailed historical and empirical account of post-independence years, this book offers a new assessment of the role of the judiciary in Pakistani politics. Instead of seeing the judiciary as helpless or struggling against an authoritarian state, it argues that the judiciary has been a crucial link in the creation of state and political inequality in Pakistan. This rubs against the central role given to the judiciary in developing countries to fix the 'corrupt politicians and stubborn bureaucracies' in the World Bank's 'Good Governance' paradigm and rule of law initiatives. It also challenges the contemporary legal and judicial discourse that extols the virtues of Public Interest Litigation. While the book's core analysis is a critique of the contemporary liberal legal project, it also adds to the critical tradition of social theory by linking political economy to a social theory of law. The theoretical aspect of the study is applicable to any developing society whose judiciary is going through foreign-sponsored 'rule of law' judicial reforms.

Hague Academic Press, a T.M.C. Asser Press imprint

This volume contains a selection of articles resulting from the third 'From Peace to Justice' conference, organised by the Hague Academic Coalition (HAC). It focuses on current and emerging threats to global security, identifies some of the most urgent new non-traditional threats and examines whether these can be addressed within the UN Charter framework. Views from a range of disciplines are presented and discussed, resulting in a diverse yet coherent compilation that is a useful resource for academics, international lawyers, judges, diplomats, political scientists, historians and NGOs.