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Books > Law > International law > Public international law > General

Aggressive War - An International Crime (Paperback, 1953 ed.): Cornelis Arnold Pompe Aggressive War - An International Crime (Paperback, 1953 ed.)
Cornelis Arnold Pompe
R1,552 Discovery Miles 15 520 Ships in 10 - 15 working days

Six years after the rendering of the Nuremberg Judgment world conditions are not such as to encourage a study on what constituted its principal innovation in the legal field: the punishment of the authors of aggressive war. The war alliance against the Axis Powers which was the political basis of the Nuremberg Trial and of the United Nation~ Organisation has broken up. Mutual fear, threats and accusations and a gigantic armament race are the dominating factors in international life during the cold war period, and the minds of statesmen, military men and lawyers alike are more preoccupied with the problem of how to win a possible third world war than with that of preventing its occurrence and avoiding responsibility for its outbreak. While the survival of their freedom and civilization is at stake, the nations seem more intent on preparing for what is vaguely and equivocally called 'self-defence' than on accepting and assuring the reign of law. The strain of the protracted struggle in Korea, moreover, seems to turn the first experiment with military sanctions against an aggressor into a classic game of power politics. It is not surprising that in such circumstances little energy is displayed in efforts to implement the principles to which the United Nations pledged themselves in Nuremberg, and that many statesmen and lawyers seem prepared to abandon, at least for the near future, the precedent of the time of alliance, expression of confidence in the victory of law over force.

The Sovereignty Cartel (Paperback): J. Samuel Barkin The Sovereignty Cartel (Paperback)
J. Samuel Barkin
R1,016 Discovery Miles 10 160 Ships in 9 - 17 working days

Sovereignty is the subject of many debates in international relations. Is it the source of state authority or a description of it? What is its history? Is it strengthening or weakening? Is it changing, and how? This book addresses these questions, but focuses on one less frequently addressed: what makes state sovereignty possible? The Sovereignty Cartel argues that sovereignty is built on state collusion - states work together to privilege sovereignty in global politics, because they benefit from sovereignty's exclusivity. This book explores this collusive behavior in international law, international political economy, international security, and migration and citizenship. In all these areas, states accord rights to other states, regardless of relative power, relative wealth, or relative position. Sovereignty, as a (changing) set of property rights for which states collude, accounts for this behavior not as anomaly (as other theories would) but instead as fundamental to the sovereign states system.

Contesting Sovereignty - Power and Practice in Africa and Southeast Asia (Hardcover): Joel Ng Contesting Sovereignty - Power and Practice in Africa and Southeast Asia (Hardcover)
Joel Ng
R2,368 Discovery Miles 23 680 Ships in 12 - 19 working days

Sovereignty is a foundational idea upon which regional organisation of nations is built, yet its demise has often been predicted. Regionalism, which commits states to common frameworks such as rules and norms, tests sovereignty as states relinquish some sovereign power to achieve other goals such as security, growth, or liberalisation. This book examines the practice of normative contestation over sovereignty in two regional organisations of Africa and Asia - the AU and ASEAN. A structured comparison of three case studies from each organisation determines whether a norm challenging sovereignty was accepted, rejected, or qualified. Ng has carried out interviews about, and detailed analysis of, these six cases that occurred at formative moments of norm-setting and that each had very different outcomes. This study contributes to the understanding of norms contestation in the field of international relations and offers new insights on how the AU and ASEAN are constituted.

Resolving Claims to Self-Determination - Is There a Role for the International Court of Justice? (Hardcover): Andrew Coleman Resolving Claims to Self-Determination - Is There a Role for the International Court of Justice? (Hardcover)
Andrew Coleman
R4,951 Discovery Miles 49 510 Ships in 12 - 19 working days

Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being 'intra-state' wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court's advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.

Theorising the Legitimacy of EU Regulatory Agencies (Hardcover, New edition): Natalia Kohtamaki Theorising the Legitimacy of EU Regulatory Agencies (Hardcover, New edition)
Natalia Kohtamaki
R1,951 Discovery Miles 19 510 Ships in 12 - 19 working days

The main objective of the book is to answer the question of the proper theoretical justification for the regulatory agencies which are an important component of the EU institutional structure. They are independent bodies appointed by the European Commission in various specialised fields of the EU market, such as food safety, pharmaceuticals or financial supervision, in which the Commission itself - due to the complexity of the sector-specific regulation - is not able to prepare expertise alone. The agencies are therefore expert institutions, which form administrative support to the EU authorities and the member states. Despite the fact that the agencies are already an irremovable element of the EU decision-making and rulemaking processes there are still justified doubts about their legitimacy. The book offers an in-depth analysis of the current theoretical concepts surrounding the questions of empowerment, rightfulness and legitimacy of EU agencies' activities. "The monograph is a very interesting read. The author is a very competent fashion deals with the objectives of her research and delivers a solid book. She persuasively touches on a plethora of pertinent legal and theoretical issues associated with EU agencies and their legitimacy. Bearing in mind the current discourse in this respect this book is very timely." Professor Adam Lazowski, School of Law, University of Westminster

International Law and the Politics of History (Paperback): Anne Orford International Law and the Politics of History (Paperback)
Anne Orford
R1,058 Discovery Miles 10 580 Ships in 12 - 19 working days

As the future of international law has become a growing site of struggle within and between powerful states, debates over the history of international law have become increasingly heated. International Law and the Politics of History explores the ideological, political, and material stakes of apparently technical disputes over how the legal past should be studied and understood. Drawing on a deep knowledge of the history, theory, and practice of international law, Anne Orford argues that there can be no impartial accounts of international law's past and its relation to empire and capitalism. Rather than looking to history in a doomed attempt to find a new ground for formalist interpretations of what past legal texts really mean or what international regimes are really for, she urges lawyers and historians to embrace the creative role they play in making rather than finding the meaning of international law.

The Future of Foreign Intelligence - Privacy and Surveillance in a Digital Age (Hardcover): Laura K. Donohue The Future of Foreign Intelligence - Privacy and Surveillance in a Digital Age (Hardcover)
Laura K. Donohue
R849 Discovery Miles 8 490 Ships in 10 - 15 working days

Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, the internet and new technologies such as biometric identification systems have not changed our lives in countless ways. But they have also led to a very worrying transformation. The amount and types of information that the government can obtain has radically expanded, and information that is being collected for foreign intelligence purposes is now being used for domestic criminal prosecution. Traditionally, the Courts have allowed exceptions to the Fourth Amendment rule barring illegal search and seizure on national security grounds. But the new ways in which we collect intelligence are swallowing the rule altogether. Just as alarming, the ever-weaker standards that mark foreign intelligence collection are now being used domestically-and the convergence between these realms threatens individual liberty. Donohue traces the evolution of foreign intelligence law and pairs that account with the progress of Fourth Amendment jurisprudence. She argues that the programmatic surveillance that the National Security Agency conducts amounts to a general warrant-the prevention of which was the point of introducing the Fourth Amendment. The expansion of foreign intelligence surveillance - leant momentum by significant advances in technology, the Global War on Terror, and the emphasis on securing the homeland - now threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers an agenda for reining in the national security state's expansive reach, primarily through Congressional statutory reform that will force the executive and judicial branches to take privacy seriously, even as it provides for the continued collection of intelligence central to U.S. national security. Both alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.

The Oxford Handbook of International Law in Asia and the Pacific (Hardcover): Simon Chesterman, Hisashi Owada, Ben Saul The Oxford Handbook of International Law in Asia and the Pacific (Hardcover)
Simon Chesterman, Hisashi Owada, Ben Saul
R5,043 Discovery Miles 50 430 Ships in 12 - 19 working days

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

Cyber Operations and International Law (Paperback): Francois Delerue Cyber Operations and International Law (Paperback)
Francois Delerue
R1,405 Discovery Miles 14 050 Ships in 12 - 19 working days

This book offers a comprehensive analysis of the international law applicable to cyber operations, including a systematic examination of attribution, lawfulness and remedies. It demonstrates the importance of countermeasures as a form of remedies and also shows the limits of international law, highlighting its limits in resolving issues related to cyber operations. There are several situations in which international law leaves the victim State of cyber operations helpless. Two main streams of limits are identified. First, in the case of cyber operations conducted by non-state actors on the behalf of a State, new technologies offer various ways to coordinate cyber operations without a high level of organization. Second, the law of State responsibility offers a range of solutions to respond to cyber operations and seek reparation, but it does not provide an answer in every case and it cannot solve the problem related to technical capabilities of the victim.

Survey of International Arbitrations 1794-1938 (Paperback, Softcover reprint of the original 1st ed. 1939): A.M. Stuyt Survey of International Arbitrations 1794-1938 (Paperback, Softcover reprint of the original 1st ed. 1939)
A.M. Stuyt
R1,597 Discovery Miles 15 970 Ships in 10 - 15 working days
Mobilising International Law for 'Global Justice' (Hardcover): Jeff Handmaker, Karin Arts Mobilising International Law for 'Global Justice' (Hardcover)
Jeff Handmaker, Karin Arts
R2,706 Discovery Miles 27 060 Ships in 12 - 19 working days

Mobilising International Law for 'Global Justice' provides new insights into the dynamics between politics and international law and the roles played by state and civic actors in pursuing human rights, development, security and justice through mobilising international law at local and international levels. This includes attempts to hold states, corporations or individuals accountable for violations of international law. Second, this book examines how enforcing international law creates particular challenges for intergovernmental regulators seeking to manage tensions between incompatible legal systems and bringing an end to harmful practices, such as foreign corruption and child abduction. Finally, it explores how international law has local resonance, whereby, for example, cities have taken it upon themselves to give effect to the spirit of international treaties that national governments fail to implement, or even may have refused to ratify.

An Introduction to Sustainable Transportation - Policy, Planning and Implementation (Paperback, 2nd edition): Preston L... An Introduction to Sustainable Transportation - Policy, Planning and Implementation (Paperback, 2nd edition)
Preston L Schiller, Jeffrey Kenworthy
R1,853 Discovery Miles 18 530 Ships in 12 - 19 working days

Cities around the globe struggle to create better and more equitable access to important destinations and services, all the while reducing the energy consumption and environmental impacts of mobility. An Introduction to Sustainable Transportation illustrates a new planning paradigm for sustainable transportation through case studies from around the world with hundreds of valuable resources and references, color photos, graphics and tables. The second edition builds and expands upon the highly acclaimed first edition, with new chapters on urban design and urban, regional and intercity public transportation, as well as expanded chapters on automobile dependence and equity issues; automobile cities and the car culture; the history of sustainable and unsustainable transportation; the interrelatedness of technologies, infrastructure energy and functionalities; and public policy and public participation and exemplary places, people and programs around the globe. Among the many valuable additions are discussions of autonomous vehicles (AVs), electric vehicles (EVs), airport cities, urban fabrics, urban heat island effects and mobility as a service (MaaS). New case studies show global exemplars of sustainable transportation, including several from Asia, a case study of participative and deliberative public involvement, as well as one describing life in the Vauban ecologically planned community of Freiburg, Germany. Students in affiliated sustainability disciplines, planners, policymakers and concerned citizens will find many provides practical techniques to innovate and transform transportation.

Staatennachfolge in voelkerrechtliche Vertrage - Zugleich ein Beitrag zu den Moeglichkeiten und Grenzen voelkerrechtlicher... Staatennachfolge in voelkerrechtliche Vertrage - Zugleich ein Beitrag zu den Moeglichkeiten und Grenzen voelkerrechtlicher Kodifikation (German, English, Hardcover, 2000)
Andreas Zimmermann
R4,323 Discovery Miles 43 230 Ships in 12 - 19 working days

Nach dem Ende der Dekolonisierung schien es uber lange Zeit hinweg so, als habe das Recht der Staatennachfolge in volkerrechtliche Vertrage zumindest weitgehend seine praktische Bedeutung verloren. Die deutsche Wiedervereinigung, der Zerfall der UdSSR und der Sozialistischen Foderativen Republik Jugoslawien sowie die Teilung der CSFR belegen jedoch die erneute Aktualitat der Fragestellung.
Vor diesem Hintergrund legt der Autor nunmehr die bislang einzige umfassende Analyse der neueren Staatenpraxis vor, die anhand der Wiener Konvention uber das Recht der Staatennachfolge in volkerrechtliche Vertrage zugleich untersucht, unter welchen Vorgaben sich eine volkerrechtliche Kodifikation auch praktisch durchzusetzen vermag."

National Airlegislations and the Warsaw Convention (Paperback, Softcover reprint of the original 1st ed. 1937): Dr. D. Goedhuis National Airlegislations and the Warsaw Convention (Paperback, Softcover reprint of the original 1st ed. 1937)
Dr. D. Goedhuis
R1,554 Discovery Miles 15 540 Ships in 10 - 15 working days
The Legal Position of War: Changes in its Practice and Theory from Plato to Vattel (Paperback, 1937 ed.): William Ballis The Legal Position of War: Changes in its Practice and Theory from Plato to Vattel (Paperback, 1937 ed.)
William Ballis
R1,492 Discovery Miles 14 920 Ships in 10 - 15 working days
Distribution of Responsibilities in International Law (Hardcover): Andre NollKaemper, Dov Jacobs Distribution of Responsibilities in International Law (Hardcover)
Andre NollKaemper, Dov Jacobs; Assisted by Jessica N. M. Schechinger
R3,881 Discovery Miles 38 810 Ships in 12 - 19 working days

This is the second book in the series Shared Responsibility in International Law, which examines the problem of distribution of responsibilities among multiple states and other actors. In its work on the responsibility of states and international organisations, the International Law Commission recognised that attribution of acts to one actor does not exclude possible attribution of the same act to another state or organisation. However, it provided limited guidance for the often complex question of how responsibility is to be distributed among wrongdoing actors. This study fills that gap by shedding light on principles of distribution from extra-legal perspectives. Drawing on disciplines such as political theory, moral philosophy, and economics, this volume enquires into the bases and justifications for apportionment of responsibilities that can support a critique of current international law, offers insight into the justification of alternative interpretations, and provides inspiration for reform and further development of international law.

The Law of EU External Relations - Cases, Materials, and Commentary on the EU as an International Legal Actor (Paperback, 3rd... The Law of EU External Relations - Cases, Materials, and Commentary on the EU as an International Legal Actor (Paperback, 3rd Revised edition)
Jan Wouters, Frank Hoffmeister, Geert De Baere, Thomas Ramopoulos
R2,513 Discovery Miles 25 130 Ships in 12 - 19 working days

The third edition of this book incorporates more than 10 years of fascinating dynamics since the entry into force of the Lisbon Treaty. Apart from analysing the general basis of the Union's external action and its relationship to international law, the book explores the law and practice of the EU in more specialized fields of external action, such as common commercial policy, neighbourhood policy, development cooperation, cooperation with third countries, humanitarian aid, external environmental policy, and common foreign and security policy, as well as EU sanctions. Five years after the second edition published, this fully updated edition contains major developments within the law itself, along with changes and restructuring of the themes within the book. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.

International Law in a Multipolar World (Hardcover): Matthew Happold International Law in a Multipolar World (Hardcover)
Matthew Happold
R4,947 Discovery Miles 49 470 Ships in 12 - 19 working days

Since the creation of the United Nations in 1945, international law has sought to configure itself as a universal system. Yet, despite the best efforts of international institutions, scholars and others to assert the
universal application of international law, its relevance and applicability has been influenced, if not directed, by political power.Today, the "decline of the West" and ascent of China and India poseparticular challenges for international law and institutions. The international system appears to be moving towards multipolarity, with various sites of power competing to exert influence in the world today.

With contributors from a variety of countries providing perspectives from the disciplines of international law and international relations theory, International Law in a Multipolar World addresses the implications that multipolarity poses for the international legal system. Contributors including Jean d'Aspremont, J rg Kammerhofer, Alexander Orakhelashvili, Christian Pippan and Nigel White, explore issues such as the use of force, governance and democracy, regionalism and the relevance of the United Nations in a multipolar world, while considering the overarching theme of the relationship between power and law.

International Law in a Multipolar World is of particular interest to academics and students of public international law, international relations theory and international politics.

Power Sharing and Democracy in Post-Civil War States - The Art of the Possible (Hardcover): Caroline A. Hartzell, Matthew Hoddie Power Sharing and Democracy in Post-Civil War States - The Art of the Possible (Hardcover)
Caroline A. Hartzell, Matthew Hoddie
R2,512 Discovery Miles 25 120 Ships in 12 - 19 working days

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.

The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court - An Inductive,... The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court - An Inductive, Situation-based Approach (Paperback, 2010 ed.)
Kai Ambos
R1,521 Discovery Miles 15 210 Ships in 10 - 15 working days

Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia's decades-long armed conflict. Yet, will this approach suffice with regard to Colombia's obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?

A World of Struggle - How Power, Law, and Expertise Shape Global Political Economy (Hardcover): David Kennedy A World of Struggle - How Power, Law, and Expertise Shape Global Political Economy (Hardcover)
David Kennedy; Afterword by David Kennedy
R920 Discovery Miles 9 200 Ships in 12 - 19 working days

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.

Conventions and Declarations - Between the Powers Concerning War, Arbitration and Neutrality (Paperback, 1915 ed.): Martinus... Conventions and Declarations - Between the Powers Concerning War, Arbitration and Neutrality (Paperback, 1915 ed.)
Martinus Nijhoff
R1,456 Discovery Miles 14 560 Ships in 10 - 15 working days
German Legislation for the Occupied Territories of Belgium - Official Texts (Paperback, Softcover reprint of the original 1st... German Legislation for the Occupied Territories of Belgium - Official Texts (Paperback, Softcover reprint of the original 1st ed. 1917)
Charles Henry Huberich
R1,483 Discovery Miles 14 830 Ships in 10 - 15 working days
Transnational Legal Ordering of Criminal Justice (Hardcover): Gregory Shaffer, Ely Aaronson Transnational Legal Ordering of Criminal Justice (Hardcover)
Gregory Shaffer, Ely Aaronson
R3,001 Discovery Miles 30 010 Ships in 12 - 19 working days

Hard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.

Legitime Strategien Der Dissensbewaltigung in Demokratischen Staaten - Ein Vergleich Von Rechtsetzungsverfahren Im Bereich Der... Legitime Strategien Der Dissensbewaltigung in Demokratischen Staaten - Ein Vergleich Von Rechtsetzungsverfahren Im Bereich Der Biomedizin in Japan Und Grossbritannien (German, Hardcover, 2013 ed.)
Cornelia Hagedorn
R3,055 Discovery Miles 30 550 Ships in 12 - 19 working days

Die besondere Problematik bioethischer Entscheidungen liegt darin, dass uber sie in pluralistischen Gesellschaften regelmassig kein Konsens zu erzielen ist. Gleichzeitig erfordert die Rechtssicherheit in vielen Fallen, wie etwa der Stammzellforschung, der Transplantationsmedizin und der Sterbehilfe, eine Regelung auf uberindividueller Ebene. Ein Handeln des Gesetzgebers ist gefragt, aber es gibt keine anerkannten Standards, anhand derer ein Gesetz erlassen werden konnte; ein Konsens uber inhaltliche Fragen erscheint ausgeschlossen.

Gegenstand der Arbeit ist die Frage, wie verschiedene Staaten mit dem Dissens in bioethischen Fragen bei gleichzeitigem Regelungsbedurfnis der Materie umgehen. Dazu wird die prozedurale Bewaltigung dieses Dissens-Dilemmas in Grossbritannien und Japan untersucht. Anhand einer Analyse und Bewertung der Unterschiede im Umgang mit Dissens in verschiedenen Staaten wird ein eigenes Verfahren demokratisch legitimer Dissensbewaltigung entwickelt.

Um zu klaren, wie bioethische Entscheidungen eines Staates demokratisch legitim getroffen werden konnen, werden verschiedene Verfahrenselemente untersucht, die im Prozess der Rechtsetzung zur Legitimation der Entscheidungen beitragen konnen. Hierunter fallen etwa Verfahren der Burger- und Expertenbeteiligung, aber auch Fragen der Regelungsdichte und der verdeckten oder offenen Delegation von Entscheidungsgewalt etwa an die Verwaltung oder die Richterschaft. Hier ist beispielhaft das in Japan praktizierte Verfahren der public comments zu nennen. Verfahren direkter Burgerbeteiligung werden in jungerer Zeit auch in Grossbritannien verstarkt angewandt, beispielsweise bei der Entscheidungsfindung zum Thema Hybrid- und Chimarenforschung. Eine These der Arbeit ist, dass bei mangelndem gesellschaftlichen Konsens die Einbeziehung von Expertenkommissionen in den Rechtsetzungsprozess sowie die transparente Darlegung der entscheidungserheblichen Kriterien legitimationssteigernd wirken, da sie auch den Meinungsbildungsprozess in der Bevolkerung beschleunigen und breite offentliche Debatten uber ethische Problematiken fordern. Hinsichtlich der Frage der Regelungsebene wird fur die Notwendigkeit einer Festlegung der grundlegenden Rahmenvorschriften durch den Staat argumentiert. Die konkrete Ausgestaltung des Umgangs mit einer neuen Technologie sollte dann jedoch an unabhangige Instanzen, etwa nach dem Modell der britischen Human Fertilisation and Embryology Authority, delegiert werden."

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