This volume deals with the law governing the administrative implementation of European Union public policy. Much of this law is specific to individual policy sectors. The volume provides a study of such specialized admininstrative law for more than twenty sectors. This cross-sectoral approach allows for detailed comparisons of EU administration in diverse policy fields. It identifies situations where legal structures and approaches may be unnecessarily duplicated, thus indicating where a comprehensive, general system could be advantageous for both Union law and policy achievement. The comparative nature of the study also draws attention to policy fields which have proven to be testing grounds for approaches adopted subsequently in other areas. In addition, the work highlights the distinctive, highly networked, and strongly cooperative character of EU administration, as a reflection of, and a foundation for, the operative nature of the European Union as a whole.

This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.

This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation. To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a 'fundamental rights culture' that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a 'fundamental rights policy'. The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.

The European Union undoubtedly plays an important role in the formation of international law. This takes place through a number of avenues ranging from the simple existence of this supranational legal order within the sphere of international law to the actual influencing of international legal order. With contributions by leading scholars, this collection of essays constructs and analyses a new and stimulating approach in which the European Union is perceived as an active co-creator of the international legal order on a variety of plains. Providing concrete examples of the European Union's approach to the international legal order in different policy fields, this book will be a key reference point for a new active paradigm of EU external relations law.

International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topical areas of international legal scholarship: the rapidly evolving law of international institutions; the burgeoning research into the role of domestic courts in the international legal system; and the recent rise of empirically-oriented legal scholarship. Utilizing OUP's International Law in Domestic Courts database, the book presents analysis of little-known cases which have real international significance, illustrating the impact and extent of transnational judicial dialogue in the international legal system. The book provides important perspectives on the evolution and status of the law of immunity of international organizations, and contributes to the understanding of relationships between national courts, and between national and international courts.

This book addresses conflicts involving different normative orders: What happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when, and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards, and morality.

From 1944 to 1946, as the world pivoted from the Second World War to an unsteady peace, Americans in more than two hundred cities and towns mobilized to chase an implausible dream. The newly-created United Nations needed a meeting place, a central place for global diplomacy-a Capital of the World. But what would it look like, and where would it be? Without invitation, civic boosters in every region of the United States leapt at the prospect of transforming their hometowns into the Capital of the World. The idea stirred in big cities-Chicago, San Francisco, St. Louis, New Orleans, Denver, and more. It fired imaginations in the Black Hills of South Dakota and in small towns from coast to coast. Meanwhile, within the United Nations the search for a headquarters site became a debacle that threatened to undermine the organization in its earliest days. At times it seemed the world's diplomats could agree on only one thing: under no circumstances did they want the United Nations to be based in New York. And for its part, New York worked mightily just to stay in the race it would eventually win. With a sweeping view of the United States' place in the world at the end of World War II, Capital of the World tells the dramatic, surprising, and at times comic story of hometown promoters in pursuit of an extraordinary prize and the diplomats who struggled with the balance of power at a pivotal moment in history.

This book contains the first academic translations of key legal texts from the Ayutthaya era (1351-1767), along with an essay on the role of law in Thai history. The legal history of Southeast Asia has languished because few texts are accessible in translation. The Three Seals Code is a collection of Thai legal manuscripts surviving from the Ayutthaya era. The Palace Law, probably dating to the late fifteenth century, was the principal law on kingship and government. The Thammasat, a descendant of India's dharmasastra, stood at the head of the Code and gave it authority. Here these two key laws are presented in English translation for the first time along with detailed annotations and analyses of their content. The coverage of family arrangements, court protocol, warfare, royal women, and ceremonial conduct in the Palace Law presents a detailed portrayal of Siamese kingship, reaching beyond terms such as devaraja, thammaraja, and cakravartin. Close analysis of the Thammasat questions the assumption that this text has a long-standing and fundamental role in Thai legal practice. Royal lawmaking had a large and hitherto unappreciated role in the premodern Thai state. This book is an important contribution to Thai history, Southeast Asian history, and comparative legal studies.

In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights law. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Judges and Prosecutors Programme in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The Special Panels for Serious Crimes in East Timor suspended operation in May 2005, although there continues to be some international involvement in investigation and prosecution of serious crimes. Suggestions have also been made that this model of tribunal would be appropriate for the prosecution of atrocities committed in, among others, Burundi, the Sudan, the Democratic Republic of Congo, Kenya and Liberia, as well as for a wider range of international crimes, most recently piracy. The key aims of this book are: to place the model of hybrid and internationalised tribunals in the context of other mechanisms to try international crimes; to examine the increasing demand for the establishment of hybrid and internationalised judicial institutions and the factors driving such demand; to define the category of 'hybrid and internationalised tribunals' by examining the key features of the existing and proposed hybrid or internationalised tribunals, as well as the features of those institutions with international elements that are generally excluded from this category; to determine the legal and jurisdictional bases of existing hybrid and internationalised tribunals; to analyse how the legal and jurisdictional basis of a tribunal affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of the tribunal with the host state, third states, national courts and other international criminal tribunals. The book concentrates on the definitional, legal and jurisdictional aspects of hybrid and internationalised criminal tribunals as this has been the subject of some confusion in arguments before the tribunals and in the judgments of the tribunals. In its concluding section, the book examines the future role of internationalised and hybrid criminal tribunals, particularly in light of the establishment of the ICC, and the potential use of such tribunals in other contexts. It also assesses how hybrid and internationalised tribunals fit into a 'multi-layered framework' of international criminal law and transitional justice.

The legal rules governing the use of force between States are one of the most fundamental, and the most controversial, aspects of international law. An essential part of this subject is the question of when, and to what extent, a State may lawfully use force against another in self-defence. However, the parameters of this inherent right remain obscure, despite the best efforts of scholars and, notably, the International Court of Justice. This book examines the burgeoning relationship between the ICJ and the right of self-defence. Since 2003 there have been three major decisions of the ICJ that have dealt directly with the law governing self-defence actions, in contrast to only two such cases in the preceding fifty years. This, then, is an opportune moment to reconsider the jurisprudence of the Court on this issue. This book is the first of its kind to comprehensively draw together and then assess the merits of this jurisprudence. It argues that the contribution of the ICJ has been confused and unhelpful, and compounds inadequacies in existing customary international law. The ICJ's fundamental conception of a primary criterion of 'armed attack' as constituting a qualitatively grave use of force is brought into question. The book then goes on to examine the underlying causes of the problems that have emerged in the jurisprudence on this crucial issue. Winner of the American Society of International Law's Lieber Society Book Prize 2009 Dr Green's monograph demonstrates a thorough understanding of the law of self-defence, coupled with an informed and evaluative discussion of the role and function of the International Court. It is an impressive analysis of the International Court of Justice's jurisprudence on self-defence. Professor Iain Scobbie, Judge of the American Society of International Law's Lieber Society Book Prize 2009, Sir Joseph Hotung Research Professor, School of Oriental and African Studies, London James Green's "The International Court of Justice and Self-Defence in International Law" usefully draws together the jurisprudence of the International Court of Justice on the international law governing self-defence. The work could not be more timely in light of both contemporary State practice and the Court's recent controversial judgements on the topic. Of particular note is his analysis of the very complex, and as yet unsettled, notion of "armed attack." Professor Michael Schmitt, Chairman of the American Society of International Law's Lieber Society Book Prize Committee, Chair of Public International Law, Durham University Winner of the University of Reading Faculty of Social Sciences outputs prize for the best research output in 2010.

Dieser Buchtitel ist Teil des Digitalisierungsprojekts Springer Book Archives mit Publikationen, die seit den Anfangen des Verlags von 1842 erschienen sind. Der Verlag stellt mit diesem Archiv Quellen fur die historische wie auch die disziplingeschichtliche Forschung zur Verfugung, die jeweils im historischen Kontext betrachtet werden mussen. Dieser Titel erschien in der Zeit vor 1945 und wird daher in seiner zeittypischen politisch-ideologischen Ausrichtung vom Verlag nicht beworben.

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.

Writing Constitutions intends to serve as a practical manual for those writing constitutions or interested in their design. It is the first systematic and universal approach to coherently capture concepts and contents of a modern constitution. Volume I breaks each constitutional mechanism into components and offers detailed designs to draft a constitutional clause. This provides lawmakers with the necessary toolkit for writing constitutions and empowers them to strengthen democracies. Writing Constitutions comes in three volumes: - Volume I: Institutions - Volume II: Fundamental Rights - Volume III: Constitutional Principles

This book explores the narratives and experiences of people in the Global South as they encounter the impact of international law in their lives. It looks specifically at approaches to international migrations and the law, as states in the Global South confront migration-related challenges. Taking a case study approach, drawn from the experiences of undocumented and displaced migrants in China and Nigeria, the book shows how informal justice systems not only exist but are upheld. With an innovative analysis drawing both on intersectionality and a Third World Approaches to International Law (TWAIL), it moves away from the classic international versus regional and domestic law approach to reveal the experience of the Third World in relation to the law. This fascinating study will appeal to international law, human rights and immigration scholars, as well as those in the field of development studies.

Forderungen nach mehr Nachhaltigkeit im unternehmerischen Geschäftsverkehr und auf Kapitalmärkten werden immer drängender. Gerade aus der Perspektive des Unternehmensrechts besteht hier deutliches Innovationspotenzial. Denn dieses richtet sich direkt an die Unternehmen als Hauptakteure auf Märkten der Real- und Finanzwirtschaft. Ausgehend von der Infragestellung einer reinen Shareholder-Value-Orientierung rücken hier zunehmend die Interessen weiterer Stakeholder, etwa von Arbeitnehmern, Gläubigern und Kunden, ebenso wie Klima- und Umweltschutzbelange in den Fokus des Gesetzgebers. Anne-Christin Mittwoch untersucht aus deutscher und europäischer Sicht, welche Legislativinstrumente im Bereich des Unternehmensrechts zur Verfügung stehen, um nachhaltiges Unternehmertum zu fördern. Dabei erörtert sie auch die Frage der Operabilität des Konzepts nachhaltiger Entwicklung aus unternehmensrechtlicher Perspektive. Einen Schwerpunkt bildet die Analyse bestehender gesellschaftsrechtlicher Kernkonzepte, die im Lichte des Nachhaltigkeitsdiskurses einer Neubewertung bedürfen.

The articles collected in the book present a view of legal education in Central and Eastern Europe, considering the relationship between democracy and the Political. In this perspective, legal education is a forum for this articulation and an area for a discursive search for solutions. On the one hand, democracy is a continuous object of research for the legal academia; legal theorists and constitutionalists debate the juridical foundations of modern constitutionalism, democracy and the rule of law. On the other hand, as university teachers, legal academics contribute to shaping future lawyer-citizens by instilling in them a certain vision of civic virtues and democratic values.

This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi show not only that Islam has been popularly demanded and introduced into constitutions during periods of 'democratization' and 'modernization' but also that constitutional Islamization has frequently been accompanied by an expansion in constitutional human rights.

From Space debris to asteroid strikes to anti-satellite weapons, humanity's rapid expansion into Space raises major environmental, safety, and security challenges. In this book, Michael Byers and Aaron Boley, an international lawyer and an astrophysicist, identify and interrogate these challenges and propose actionable solutions. They explore essential questions from, 'How do we ensure all of humanity benefits from the development of Space, and not just the world's richest people?' to 'Is it possible to avoid war in Space?' Byers and Boley explain the essential aspects of Space science, international law, and global governance in a fully transdisciplinary and highly accessible way. Addressing the latest and emerging developments in Space, they equip readers with the knowledge and tools to engage in current and critically important legal, policy, and scientific debates concerning the future development of Space. This title is also available as Open Access on Cambridge Core.

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

Der "Betrieb" ist ein Grundbegriff des deutschen und des europäischen Arbeitsrechts. Sowohl im Massenentlassungsrecht als auch im Betriebsübergangsrecht entscheidet der unionsrechtliche Betriebsbegriff darüber, ob der jeweilige Tatbestand erfüllt ist. Teleologisch begründete Definitionen sind bereits deshalb erforderlich, da es in den Mitgliedstaaten kein einheitliches Verständnis eines Betriebsbegriffs gibt. Darüber hinaus treffen die Auslegungen des EuGH auf nationale Definitionen, die ihrerseits durch eigene Prämissen geprägt sind. Clara Senk untersucht, wie sich die verschiedenen Betriebsbegriffe von 1920 bis heute entwickelt haben und welche Begriffskonzeptionen die geltende Rechtslage zugrunde legt. Im Hinblick auf künftige Begriffsentwicklungen kombiniert die Autorin die materiell-rechtliche Untersuchung mit einer Analyse der Methodik und abstrahiert methodische Unstimmigkeiten. Abschließend entwickelt sie konkrete Vorschläge zur Reduzierung bestehender Rechtsunsicherheiten.

The Judge, the Judiciary and the Court is aimed at anyone interested in the Australian judiciary today. It examines the impact of the individual on the judicial role, while exploring the collegiate environment in which judges must operate. This professional community can provide support but may also present its own challenges within the context of a particular court's relational dynamic and culture. The judge and the judiciary form the 'court', an institution grounded in a set of constitutional values that will influence how judges and the judiciary perform their functions. This collection brings together analysis of the judicial role that highlights these unique aspects, particularly in the Australian setting. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote the institutional values of the court.