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Well-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.
International and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies 'revenge speech' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.
The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.
International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 162 reports on, amongst others, the 2015 award in the Chagos Islands Arbitration (Mauritius v. United Kingdom) together with the judgments of the European Court of Human Rights in Chagos Islanders v. United Kingdom and of the English courts in Bancoult (No. 3) which also concern the Chagos islands/British Indian Ocean Territory. It also reports on the 2014 award in the Railway Land Arbitration (Malaysia/Singapore) and the United Kingdom Supreme Court decision in Pham v. Secretary of State for the Home Department.
Levinson argues that too many of our Constitution's provisions
promote either unjust or ineffective government. Under the existing
blueprint, we can neither rid ourselves of incompetent presidents
nor assure continuity of government following catastrophic attacks.
Less important, perhaps, but certainly problematic, is the
appointment of Supreme Court judges for life. Adding insult to
injury, the United States Constitution is the most difficult to
amend or update of any constitution currently existing in the world
today. Democratic debate leaves few stones unturned, but we tend to
take our basic constitutional structures for granted. Levinson
boldly challenges the American people to undertake a long overdue
public discussion on how they might best reform this most hallowed
document and construct a constitution adequate to our democratic
This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state's citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.
What does it mean to be resilient in a societal or in an international context? Where does resilience come from? From which discipline was it 'imported' into international relations (IR)? If a particular government employs the meaning of resilience to its own benefit, should scholars reject the analytical purchase of the concept of resilience as a whole? Does a government have the monopoly of understanding how resilience is defined and applied? This book addresses these questions. Even though resilience in global politics is not new, a major shift is currently happening in how we understand and apply resilience in world politics. Resilience is indeed increasingly theorised, rather than simply employed as a noun; it has left the realm of vocabulary and entered the terrain of concept. This book demonstrates the multiple origins of resilience, traces the diverse expressions of resilience in IR to various historical markers, and propose a theory of resilience in world politics.
The question of what constitutes norms for global justice is of considerable concern for all those interested in world peace and cooperation. In order to define these global norms, Jean-Marc Coicaud, while working at the United Nations University, initiated a project centered around conversations with leading theorists and policy practitioners in global affairs. Conversations on Justice from National, International, and Global Perspectives features world-class authors and activists, from around the world, and from a variety of disciplines, to discuss the central questions of justice at the national, international, and global levels. Made up of a compilation of dialogues, this volume's unique format makes it highly accessible and even fun to read. The insights and observations of these leading intellectuals and scholars provide a rich contribution to theories on how global justice might become a reality.
The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
Since 2007 the world has lurched from one crisis to the next. The rise of new powers, the collapse of our global financial system, the proliferation of nuclear weapons and crisis in the Eurozone have led to a build up of risks that is likely to provoke a more general crisis in our system of global governance if it cannot be made fairer, more effective and accountable. In this book, nine leading scholars explore the fault lines and mounting challenges that are putting pressure on existing institutions, the ways in which we are currently attempting to manage them - or failing to - and the prospects for global governance in the 21st century. In doing so, the contributors offer a fresh look at one of the most important issues confronting the world today and they suggest strategies for adapting current institutions to better manage our mutual interdependence in the future. Contributors include Ha-Joon Chang, Benjamin Cohen, Michael Cox, David Held, George Magnus, Robert Skidelsky, Robert Wade, Martin Wolf and Kevin Young.
The security governance of South Africa has faced immense challenges amid post-apartheid constitutional and political transformations. In many cases, policing and governmental organizations have failed to provide security and other services to the poorest inhabitants. Security Governance, Policing, and Local Capacity explores an experiment that took place in Zwelethemba-located in South Africa's Western Cape Province-to establish legitimate and effective nonstate security governance within poor urban settlements. There has been, and continues to be, much reticence to endorsing private forms of security governance that operate outside of state institutions within local communities. Those initiatives have often led to situations where force is used illegally and punishment is dispensed arbitrarily and brutally. This book explores the extent to which this model of mobilizing local knowledge and capacity was able to effectively achieve justice, democracy, accountability, and development in this region. Whenever possible, the book includes raw data and a thorough analysis of existing information on security governance. Examining this case and its outcome, the authors provide a theoretical analysis of the model used and present a series of design principles for future applications in local security governance. The book concludes that poor communities are a significant source of untapped resources that can, under certain conditions, be mobilized to significantly enhance safety. This volume is an important examination of experimental models and a presentation of new groundbreaking theory on engaging the local community in solving security governance problems.
The Politics of Justice in European Private Law intends to highlight the differences between the Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe's justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.
In this ambitious study, Anna K. Boucher and Justin Gest present a unique analysis of immigration governance across thirty countries. Relying on a database of immigration demographics in the world's most important destinations, they present a novel taxonomy and an analysis of what drives different approaches to immigration policy over space and time. In an era defined by inequality, populism, and fears of international terrorism, they find that governments are converging toward a 'Market Model' that seeks immigrants for short-term labor with fewer outlets to citizenship - an approach that resembles the increasingly contingent nature of labor markets worldwide.
Drawing on philosophy, history, and critical theory, Unconditional Life introduces a new perspective on the significance of post-war international law developments. The book examines the public discourse regarding technological risk in World War II texts of unconditional surrender, in the World Trade Organisation's EC-Biotech dispute, and in the International Court of Justices' Nuclear Weapons Advisory Opinion. The volume describes international law in terms of its management of, and relation to, the risks associated with technological innovation in war and in trade. It proposes that international law, too, is itself a kind of technology: one intended to manage the material and existential risks inherent in the creation of a new international, postcolonial, political community emerging out of the Second World War. Members of this community are imagined to possess a universal quality: humanness, which itself is underscored by a power of invention. Yoriko Otomo demonstrates how international lawyers' inability to adjudicate questions of large-scale technological risk is due to the competing and intractable claims of international law. Offering a feminist analysis of the political economy that has created this crisis of governance, the book provides a way of understanding the structural inequities that will need to be addressed if international law is to remain a relevant forum for the adjudication of war and trade into the 21st century.
Written by one of the world's leading international lawyers, this is a landmark publication in the teaching of international law. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organizing the world. Bringing international law back to its first principles, the book is organised around four questions: where does it come from? To whom does it apply? How does it resolve conflict? What does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning.
Rights and Civilizations, translated from the Italian original, traces a history of international law to illustrate the origins of the Western colonial project and its attempts to civilize the non-European world. The book, ranging from the sixteenth century to the twenty-first, explains how the West sought to justify its own colonial conquests through an ideology that revolved around the idea of its own assumed superiority, variously attributed to Christian peoples (in the early modern age), Western 'civil' peoples (in the nineteenth century), and 'developed' peoples (at the beginning of the twentieth century), and now to democratic Western peoples. In outlining this history and discourse, the book shows that, while the Western conception may style itself as universal, it is in fact relative. This comes out by bringing the Western civilization into comparison with others, mainly the Islamic one, suggesting the need for an 'intercivilizational' approach to international law.
This book analyses the ability of existing international law to address common vulnerabilities in connection with the recent emergence of small satellites, and how finding consensus in this context can pave the way to the sustainable development of space. The rise of small satellite constellations has produced a paradigm shift in the use of space capabilities, suddenly making them far more available and affordable. This development has in turn sparked substantial global interest in finding ways to capitalize on the new opportunities and to mitigate the challenges posed by these mega-constellations. This work targets precisely that need, offering a valuable asset for readers from the commercial space industry, investors, lawyers, researchers, academics and policymakers alike.
A series of crises unfolded in the latter part of the first decade of the 21st Century which combined to exacerbate already profound conditions of global economic inequality and poverty in the world's poorest countries. In 2007, the unsound lending practices that caused a collapse in the US housing market ushered in a broader economic crisis that reverberated throughout the global financial system. This economic shockwave had a global impact, triggering not just instability in other industrialized countries, but also in their developing world counterparts, also highlighting deficiencies in the current structures of global governance to protect the world's poorest and most disadvantaged.
This book offers answers to questions raised about the role of global governance in the attenuation and amelioration of world poverty and inequality. The contributors interrogate the role of systems of governance at a time of global economic crisis and continuing environmental degradation against a backdrop of acceleration in inequalities within and between communities and across the globe.
Evaluating how existing systems can be reformed or redesigned to be more effective at addressing issues of poverty and inequality and providing a comprehensive discussion of a wide range of global governance initiatives this work will be essential reading for students and scholars of global governance, international relations and international organizations.
A World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience working with international lawyers, human rights advocates, policy professionals, economic development specialists, military lawyers, and humanitarian strategists to provide a unique insider's perspective on the complexities of global governance. He describes the conflicts, unexamined assumptions, and assertions of power and entitlement that lie at the center of expert rule. Kennedy explores the history of intellectual innovation by which experts developed a sophisticated legal vocabulary for global management strangely detached from its distributive consequences. At the center of expert rule is struggle: myriad everyday disputes in which expertise drifts free of its moorings in analytic rigor and observable fact. He proposes tools to model and contest expert work and concludes with an in-depth examination of modern law in warfare as an example of sophisticated expertise in action. Charting a major new direction in global governance at a moment when the international order is ready for change, this critically important book explains how we can harness expert knowledge to remake an unjust world.
Nutshells present the essentials of law in clear and straightforward language, explaining the basic principles. Features such as diagrams and checklists make them easy to use, while the inclusion of model questions and answer plans help students test their knowledge. Nutshells are an essential revision aid and ideal for getting fully up to speed with a new subject.
Why do international organizations (IOs) look so different, yet so similar? The possibilities are diverse. Some international organizations have just a few member states, while others span the globe. Some are targeted at a specific problem, while others have policy portfolios as broad as national states. Some are run almost entirely by their member states, while others have independent courts, secretariats, and parliaments. Variation among international organizations appears as wide as that among states. This book explains the design and development of international organization in the postwar period. It theorizes that the basic set up of an IO responds to two forces: the functional impetus to tackle problems that spill beyond national borders and a desire for self-rule that can dampen cooperation where transnational community is thin. The book reveals both the causal power of functionalist pressures and the extent to which nationalism constrains the willingness of member states to engage in incomplete contracting. The implications of postfunctionalist theory for an IO's membership, policy portfolio, contractual specificity, and authoritative competences are tested using annual data for 76 IOs for 1950-2010. Transformations in Governance is a major academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and the VU Amsterdam, and Walter Mattli of the University of Oxford.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 158 reports on, amongst others, the 2014 judgment of the Nepalese Supreme Court in JuRI-Nepal (Justice and Rights Organization) v. Government of Nepal, the 2014 judgment of English Court of Appeal in Regina v. Newell (following on from judgment of European Court of Human Rights in Vinter v. United Kingdom reported in 156 ILR 115) and the Retrial judgment of International Criminal Tribunal for the Former Yugoslavia in Prosecutor v. Haradinaj, Balaj and Brahimaj.
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