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Books > Law > International law > Public international law > General
Climate change is now recognised as one of the greatest challenges facing the international community and when coupled with energy production and use - the most significant contributor to climate change - and the related security problems the double threat to international security and human development is of the highest order. This wide-ranging book brings together leading thinkers from academia, government and civil society to examine and address the global insecurity and development challenges arising from the twin thrust of climate change and the energy supply crunch. Part one considers energy. It analyses the challenges of meeting future energy demands and the ongoing and future security-related conflicts over energy. Coverage includes security and development concerns related to the oil and gas, nuclear, bio-fuels and hydropower sectors, ensuring energy access for all and addressing sustainable consumption and production in both developed and rapidly industrializing countries such as India, China, Brazil and South Africa. Part two analyses how climate change contributes to global insecurity and presents a consolidated overview of the potential threats and challenges it poses to international peace and development. Coverage includes future water scenarios including a focus on scarcity in the Middle East, food security, biodiversity loss, land degradation, the changing economics of climate change, adaptation and the special case of small island states. The final part lays out the potential avenues and mechanisms available to the international community to address and avert climate and energy instability via the multilateral framework under the United Nations. It also addresses mechanisms for resource and knowledge transfer from industrialized to developing countries to ensure a low-carbon energy transition by focusing on the rapid deployment of clean energy technologies and ways to tackle income and employment insecurity created by the transition away from traditional energy sources. This book offers the most comprehensive international assessment of the challenges and solutions for tackling the global insecurity arising from climate change and energy provision and use. It is essential reading for students, researchers and professionals across international relations, security, climate change and the energy sectors.
The Caucasus region, situated on a natural isthmus between the Black Sea and the Caspian Sea, has long been a border zone and a melting pot for a diverse range of cultures and peoples. As the intersection between Europe and Asia, and also - tween Russia and the Ottoman and Persian Empires, it has featured in the strategic plans of numerous great powers over the centuries. Given its abundance of natural resources, the ready-made raw material transport routes to Europe and its enduring position on the edge of Russia, nothing has changed to the present day. The tremendous development opportunities of the Caucasian region are being tarnished by unresolved territorial conflicts that put a continual and regionally balanced growth, sustained democratisation and long-term stability at risk. These conflicts, which all erupted with the dissolution of the Soviet Union, include the separatist movements in Abkhazia, Chechnya, Nagorno-Karabakh and South - setia. The war over South Ossetia, which erupted between Russia and Georgia in August 2008, spelt out the explosive potential still inherent in these conflicts.
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.
The book assesses the EU performance in the broader UN setting after the Lisbon Treaty. Distinguished scholars with expertise in EU-UN relations use a comprehensive analytical framework of performance to examine various aspects of the complex EU engagement in UN politics. Performance goes beyond the achievement of agreed-upon objectives and engulfs the underlying, intra-organizational, agreement-reaching processes. The contributors examine the output of the intra-EU policy-making process and its impact within the UN setting. They cover thematic areas of special importance for the EU such as environment, human rights, disarmament and peacekeeping operations as well as special UN bodies and forums where the EU is particularly active, such as the UN General Assembly and its main Committees, the International Labour Organisation, UNESCO and the Non-Proliferation Review Conferences.
In their membership of international organizations, States must
confer some of their sovereign powers upon those organizations.
This book considers the exercise of sovereign powers by
international organizations including the United Nations, the World
Trade Organization, and the European Union in order to answer
fundamental questions about the relationship between an
international organization and its Member States.
Das Buch stellt in umfassender Weise die derzeitige Stellung des Privatrechts in Europa sowie die neuen Entwicklungen im Zuge der europ ischen Vereinheitlichung vor. Geschrieben von zwei herausragenden europ ischen Wissenschaftlern, bietet es mehr als nur ein Handbuch zum europ ischen Privatrecht. Es f hrt Leser ausf hrlich in die geistes- und kulturhistorischen Hintergr nde sowie in die Rechtstheorie der gegenw rtigen Privatrechtsvereinheitlichung und Modernisierung der rechtlichen Grundlagen des europ ischen Wirtschaftsverkehrs ein.
This book presents a radical, empirical investigation of how national courts "react" to disputes involving international organizations, analyzing in particular whether such organizations should be immune to national jurisdictions. Under the headings "domestic legal personality" and "immunity" of international organizations, some of the issues covered have already been treated in international legal scholarship, mostly in the form of short articles or case notes. This study, however, provides a thorough comparative analysis and the largest compilation of relevant decisions on the subject, making it indispensable for practitioners as well as academics in the field.
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.
This peer-reviewed book provides detailed insights into how space and its applications are, and can be used to support the development of the full range and diversity of African societies, as encapsulated in the African Union's Agenda 2063. Following on from Part 1 to Part 3, which was highly acclaimed by the space community, it focuses on the role of space in supporting the UN Sustainable Development Goals in Africa, but covers an even more extensive array of relevant and timely topics addressing all facets of African development. It demonstrates that, while there have been significant achievements in recent years in terms of economic and social development, which have lifted many of Africa's people out of poverty, there is still a great deal that needs to be done to fulfill the basic needs of Africa's citizens and afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavor to serve Africa's goals for its future, but there is much room for further incorporation of space systems and data. Providing a comprehensive overview of the role space is playing in helping Africa achieve its developmental aspirations, the book will appeal to both students and professionals in fields such as space studies, international relations, governance, social, rural and technical development.
A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political, and philosophical. The aim is to identify how Russia interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia's interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law through the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia's behavior in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, philosophy, or general graduate students, lawyers, think tanks, government departments, and specialized Russian studies programs will find the book helpful.
This book offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognized to be an autonomous discipline, with its own distinctive methods and tasks. Martin Loughlin defends this claim by identifying the conceptual foundations of the public law: governing, politics, representation, sovereignty, constituent power, and rights. By explicating these basic elements of the subject, he seeks not only to lay bare its method but also to present a novel account of the idea of public law.
Many anti-corruption efforts have had only a minimal effect on curbing the problem of corruption. This book explains why that is, and shows readers what works in the real world in the fight against corruption, and why. Counter-corruption initiatives often focus on the legal, institutional, and contextual factors that facilitate corrupt behavior, but these have had only nominal impacts, because most of these reforms can be circumvented by government officials, powerful citizens, and business people who are relentless in their quest for self-interest. This book argues that instead, we should target the key individual and group drivers of corrupt behavior and, through them, promote sustainable behavioral change. Drawing on over 25 years of practical experience planning, designing, and implementing anti-corruption programs in over 40 countries, as well as a wealth of insights from social psychological, ethical, and negotiation research, this book identifies innovative tools that target these core human motivators of corruption, with descriptions of pilot tests that show how they can work in practice. Anti-corruption is again becoming a priority issue, prompted by the emergence of more authoritarian regimes, and the public scrutiny of government responses to the COVID-19 pandemic. Straddling theory and practice, this book is the perfect guide to what works and what doesn't, and will be valuable for policymakers, NGOs, development practitioners, and corruption studies students and researchers.
Der Band fasst die Referate zusammen, die auf einem wissenschaftlichen Symposium zum Ausscheiden Albrecht Randelzhofers aus dem aktiven Hochschuldienst gehalten wurden. Inhaltlich orientieren sich die einzelnen Beitrage an den Forschungsschwerpunkten Randelzhofers. So findet sich ein Beitrag zum Stand des volkerrechtlichen Gewaltverbots nach dem Irak-Krieg 2003. Die Auswirkungen der Europaisierung auf die Demokratietheorie werden ebenso untersucht wie das Haftungsrecht der Europaischen Union im Zusammenhang mit WTO-Entscheidungen. Sodann werden die Freizugigkeit des Unionsburgers sowie die Untersuchungsmaxime im Asylrecht einer Bestandsaufnahme unterzogen. Eine personliche Wurdigung Randelzhofers als Verfassungsrichter rundet den Band ab."
Mit Regelungen zu Fragen der modernen Medizin und Biotechnologie werden Entscheidungen getroffen, die das Selbstverstandnis einer Gesellschaft oft grundlegend beruhren. Auf unbestrittene, ausdifferenzierte, rechtliche oder ethische Standards kann dabei kaum zuruckgegriffen werden. Zugleich stellt der standige Fortschritt von Wissenschaft und Praxis die Effektivitat rechtsformiger Entscheidungsverfahren auf die Probe. Dieser interdisziplinare Band wendet sich der Frage zu, wie diese ethisch-rechtlichen Herausforderungen in nationalen Rechtsordnungen, auf der Ebene der Europaischen Union und im Bereich des Volkerrechts in demokratisch oder anderweitig legitimer Weise bewaltigt werden.
At a time when nearly all armed conflicts are related to self-determination, and frequently to claims for secession, this meticulous study examines the legal issues at stake in the light of the existence of European micro-States: Liechtenstein, San Marino, Monaco, Andorra and the Vatican City. Jorri Duursma makes a thorough analysis of the true origins, meaning and faults of the modern right of self-determination, asking fundamental questions: What constitutes a people with a right to self-determination? How small a people has this right? Who are allowed to secede? What is a state according to international law? Jorri Duursma's book provides an up-to-date and informed account of these important issues which also draws on recent experiences in Eastern Europe and Yugoslavia. It is the first book to provide a thorough international legal account of the European micro-states, and develops a novel approach to the problems of fragmentation.
The demilitarisation and neutralisation of the Aland Islands is a confirmation of, and an exception to, the collective security system in present-day international affairs. Its core idea is that there is no need for military presence in the territory of the islands and that they are to be kept out of military activities. A restricted use of military force has a confidence building effect in cases where competing interests may be so intense that banning the very presence of military force remains the only viable option. The regime of the Aland Islands is the result of pragmatic and contingent political compromises. As such, the case of the Aland Islands offers an alternative trajectory to the increased militarisation we witness around the world today. Through parliamentary and archival materials, international treaties and academic works, the authors examine the legal rules and institutional structures of the demilitarisation regime. In this process they reassess core concepts of international law and international affairs, such as sovereignty and security, and introduce a theoretical view on the empirical case study of the Aland Islands. The book covers legal, political and policy discursive aspects of demilitarisation, international co-operation, defence and security matters around the Baltic Sea with a broader European and global relevance. It can be a source of inspiration for all those in search of constructive efforts that can address territorial disputes and security challenges.
Thema des Buches ist das Verhaltnis von Volkerrecht und Landesrecht in der Rechtsprechung. Die Autorin untersucht die Praxis des Supreme Court der Vereinigten Staaten, des EuGH und des schweizerischen Bundesgerichts in Hinblick auf die Rezeption des internationalen Handelsrechts, der Menschenrechte und des internationalen Auslieferungsrechts. Im Zentrum der Analyse steht dabei nicht das theoretische Verhaltnis von Landes- und Volkerrecht, sondern der konkrete Umgang mit den volkerrechtlichen Vorgaben in den Entscheidungen der genannten Gerichte. Dabei werden die Entscheidungen des Supreme Court, des EuGH und des Bundesgerichts in ihrem politisch-historischen Kontext analysiert. Als theoretische Grundlage fur die Rezeptionsanalyse dient ein Modell, in dem die landesrechtliche und volkerrechtliche Rechtsmasse systemisch ineinandergreifen.
The increasingly sophisticated constitution of the European Union takes account of the fact that different areas of law and policy need to be tackled in different ways - some can be the subject of centralized decision-making, whilst others can only be dealt with at the intergovernmental level. This reality is represented in the European Union's three pillar structure. The best known pillar is the most centralized one - the EC. There are however two intergovernmental pillars - dealing with the common foreign and security policy and cooperation in justice and home affairs - which are becoming increasingly important. In this ground breaking examination of the public international law and Community methods used within the European Union, the author argues that the intergovernmental pillars have created possibilities for cooperation in areas where it would previously have been unthinkable.
"More than just another new theoretical study, this book really is a practical and useful tool that I sincerely recommend." From the foreword by Mr Marc van der Woude, President of the General Court of the European Union The new Rules of Procedure of the General Court, in force as of 2015, as well as the reform of the General Court and the re-establishment of a two-tier EU judiciary in September 2016 are the last bricks in the post-Lisbon legal structure governing litigation before the EU Courts. This work covers the already sizeable case-law developed after the completion of these reforms and explains the changes in the Courts' practice entailed by them. Written by experienced EU Court and Commission insiders, it gives a detailed and practice-oriented overview of the whole spectrum of litigation procedure before the EU judiciary. It also presents the entire system of judicial avenues that enable litigants to enforce their rights under EU law against European institutions, Member States or private parties. The book is thus a comprehensive reference tool for practising lawyers and helps them present their cases effectively, while at the same time offering valuable guidance to national judges dealing with cases raising points of EU law. Moreover, it provides insights into the reasoning process of the EU Courts, which will be of interest to scholars in the field, and is built around a structure that facilitates its use as a teaching material.
This compilation probably looks like one of the craziest things a human being could spend his or her time on. Yet nobody would wonder at someone taking a short walk every day - after twenty five years that person would have covered a surprisingly long distance. This is exactly the story behind this list, which appeared first as a few pages within the directory StarGuides (or whatever name it had at that time) and as a distinct sister publication since 1990. The idea behind this dictionary is to offer astronomers and related space scientists practical assistance in decoding the numerous abbreviations, acronyms, contractions and symbols which they might encounter in all aspects of the vast range of their professional activities, including traveling. Perhaps it is a bit paradoxical, but if scientists quickly grasp the meaning of an acronym solely in their own specific discipline, they will probably encounter more difficulties when dealing with adjacent fields. It is for this purpose that this dictionary might be most often used. Scientists might also refer to this compilation in order to avoid identifying a project by an acronym which already has too many meanings or confused definitions.
The fourth edition of this market-leading textbook offers students a clear framework for understanding the practice and logic of International Organizations Law. It is structured around the three defining relationships IOs engage in - namely, with their member states, with their organs and staff, and with the outside world. These different dynamics give rise to different concerns, which each help to explain the logic behind international institutional law. The text also discusses the essential topics of the law of IOs, including powers and finances, privileges and immunities, institutional structures, and accountability. By demonstrating how the theory works in practice, with recent examples, students will observe the impact and significance of International Organizations Law. Updated with the latest case law and literature, this new edition also contains discussions of the withdrawal of Israel and the US from UNESCO, Brexit, and the Covid-19 pandemic, and how these affect the law of international organizations.
Die Grundungsvertrage Internationaler Organisationen unterliegen im Lauf der Zeit erheblichem Wandel, auch wenn ihr Wortlaut nicht geandert wird. Eine wesentliche Rolle kommt dabei der Praxis der Organisationen zu. Dieser Umstand lasst sich voelkerrechtlich auf die Auslegung durch die spatere UEbung der Vertragsparteien zuruckfuhren - es sei denn, die Grenzen der Interpretation werden uberschritten. Die Organe Internationaler Organisationen sind dabei mehr als blosse Versammlungen der Mitgliedstaaten: Die Voraussetzungen und Rechtsfolgen ihrer Praxis hangen von Zusammensetzung, Kompetenzen und Entscheidungsverfahren ab. Auf eine Analyse des einschlagigen Voelkerrechts folgen Fallstudien aus der Praxis der Vereinten Nationen, ihrer Sonderorganisationen und regionaler Organisationen. So wird der Ordnungsrahmen fur die Fortentwicklung Internationaler Organisationen durch Praxis systematisch dargestellt - ohne Gefahren fur Legitimation und rule of law auszublenden.
This volume of the Netherlands Yearbook of International Law (NYIL) addresses the question how the assumption that states have a common obligation to achieve a collective public good can be reconciled with the fact that the 195 states of today's world are highly diverse and increasingly unequal in terms of size, population, politics, economy, culture, climate and historical development. The idea of common but differentiated responsibilities is on paper the perfect bridge between the factual inequality and formal equality of states. The acknowledgement that states can have common but still different - more or less onerous - obligations is predicated on the moral and legal concept of global solidarity. This book encompasses general contributions on the function and the content of the related principles, chapters that describe and evaluate how the principles work in a specific area of international law and chapters that address their efficiency and broader ramifications, in terms of compliance, free-rider behaviour and shifting balances of power. The originality of the book resides in the integration of conceptual, comparative and practical dimensions of the principles of global solidarity and common but differentiated responsibilities. The book is therefore highly recommended reading for both academics with a theoretical interest and those working within international organisations. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.
This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit. |
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