Extrajudicial, extraterritorial killings of War on Terror adversaries by the US state have become the new normal. Alongside targeted individuals, unnamed and uncounted others are maimed and killed. Despite the absence of law's conventional sites, processes, and actors, the US state celebrates these killings as the realization of 'justice.' Meanwhile, images, narrative, and affect do the work of law; authorizing and legitimizing the discounting of some lives so that others - implicitly, American nationals - may live. How then, as we live through this unending, globalized war, are we to make sense of law in relation to the valuing of life? Adopting an interdisciplinary approach to law to excavate the workings of necropolitical law, and interrogating the US state's justifications for the project of counterterror, this book's temporal arc, the long War on Terror, illuminates the profound continuities and many guises for racialized, imperial violence informing the contemporary discounting of life.

In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.

It is well known that the US Constitution has been amended twenty-seven times since its creation in 1787, but that number does not reflect the true extent of constitutional change in America. Although the Constitution is globally recognized as a written text, it consists also of unwritten rules and principles that are just as important, such as precedents, customs, traditions, norms, presuppositions, and more. These, too, have been amended, but how does that process work? In this book, leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America's 'unwritten Constitution': how to change the rules, who may legitimately do it, why leaders may find it politically expedient to enact written instead of unwritten amendments, and whether anything is lost by changing the constitution without a codified constitutional amendment.

Das Buch analysiert acht menschenrechtliche Vertrage und Landerberichte der Vereinten Nationen (UN) aus 16 muslimischen Landern. Die Berichte belegen, dass muslimische Fluchtlinge den Scharia-Vorbehalt mitbringen, weil sie in islamischen Gesellschaften sozialisiert wurden. UN-Gremien versehen Landerberichte mit Empfehlungen. Teilweise erfolgen Antworten nur noch auf Arabisch. Scharia-Vorbehalte mit Hilfe der Vienna Convention auszuraumen, ist nicht gelungen, weil sich die Verantwortlichen nicht bemuhen, Arabisch oder die Scharia zu verstehen. Ein gemeinsamer Anknupfungspunkt ware die Sunnah des Propheten. Danach soll islamisches Recht jedes Jahrhundert an seine Gesellschaft angepasst werden, ohne die islamische Legitimitat zu verletzen. Einander zuhoeren, voneinander lernen ist fundamental. Die Idee von Arbeit und Ausbildung in europaischen Kloestern auch fur muslimische Fluchtlinge ist visionar fur eine religionsoffene Gesellschaft im 21. Jahrhundert.

Should we regulate artificial intelligence? Can we? From self-driving cars and high-speed trading to algorithmic decision-making, the way we live, work, and play is increasingly dependent on AI systems that operate with diminishing human intervention. These fast, autonomous, and opaque machines offer great benefits - and pose significant risks. This book examines how our laws are dealing with AI, as well as what additional rules and institutions are needed - including the role that AI might play in regulating itself. Drawing on diverse technologies and examples from around the world, the book offers lessons on how to manage risk, draw red lines, and preserve the legitimacy of public authority. Though the prospect of AI pushing beyond the limits of the law may seem remote, these measures are useful now - and will be essential if it ever does.

This book empirically explores whether and under what conditions the judicial process is efficient. Three specific issues are addressed: first, disputants self-select into litigation. Do they tend to bring cases with merit? Second, filed cases differ in their social import. Do courts select more important cases to devote more resource to? Third, courts establish precedents, affect resource allocation in the cases at hand, and influence future behaviours of transacting parties. Do courts, like Judge Posner asserts, tend to make decisions that enhance allocative efficiency and reduce transaction costs? Positive answers to the above questions attest to the efficiency of the judicial process. What drive efficient or inefficient outcomes are the selections and decisions by litigants, litigators, and judges. Their earlier selections and decisions affect later ones. Eleven chapters in this book, authored by leading empirical legal scholars in the world, deal with these issues in the US, Europe, and Asia.

How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.

Since rules - legal, ethical or otherwise - cannot determine their own application, they require persons of flesh and blood to interpret and apply them in concrete cases. Presidents and prime ministers, judges, prosecutors, mediators, leaders of international organizations, and even religious leaders and public intellectuals make decisions on how best to understand rules and how best to apply them. It stands to reason that their character traits influence the sort of decisions they take. This book provides the first systematic framework for discussing global governance in terms of the virtues, and illustrates it with a number of detailed examples of concrete decision-making in specific situations. Virtue in Global Governance combines insights from law, ethics, and global governance studies in developing a unique approach to global governance and international law.

The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.

Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis providing comparable and quantifiable measurements, which is enriched by qualitative analysis that engages with the substance of the decisions and captures nuance, contextualizing the data and providing it with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. Focusing on deviations of the practice of proportionality from theory, the authors conclude their argument in support of an integrated approach to the application of proportionality.

Public Finance and Parliamentary Constitutionalism analyses constitutionalism and public finance (tax, expenditure, audit, sovereign borrowing and monetary finance) in Anglophone parliamentary systems of government. The book surveys the history of public finance law in the UK, its export throughout the British Empire, and its entrenchment in Commonwealth constitutions. It explains how modern constitutionalism was shaped by the financial impact of warfare, welfare-state programs and the growth of central banking. It then provides a case study analysis of the impact of economic conditions on governments' financial behaviour, focusing on the UK's and Australia's responses to the financial crisis, and the judiciary's position vis-a-vis the state's financial powers. Throughout, it questions orthodox accounts of financial constitutionalism (particularly the views of A. V. Dicey) and the democratic legitimacy of public finance. Currently ignored aspects of government behaviour are analysed in-depth, particularly the constitutional role of central banks and sovereign debt markets.

This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the "justice cascade" argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

Although the impact of rapid technological change is often discussed in relation to the Global North, this book explores its effects on the development of the Global South. By tracing the discourse and practice of international development in the twentieth century, Ruth E. Gordon offers necessary context to current changes in the global hierarchy. The book explores the situation of the Global South within the international legal, political, and economic order, how current development discourse and practice engages modernization efforts, and how technology can bring about significant economic and societal change for middle and low-income nations. It offers a balanced account of the positive and negative impacts of technological change on the Global South, from mobile phones allowing access to knowledge to robotics reducing employment opportunities. This book demonstrates that, for the Global South, technology is making more things both conceivable and achievable.

Although the impact of rapid technological change is often discussed in relation to the Global North, this book explores its effects on the development of the Global South. By tracing the discourse and practice of international development in the twentieth century, Ruth E. Gordon offers necessary context to current changes in the global hierarchy. The book explores the situation of the Global South within the international legal, political, and economic order, how current development discourse and practice engages modernization efforts, and how technology can bring about significant economic and societal change for middle and low-income nations. It offers a balanced account of the positive and negative impacts of technological change on the Global South, from mobile phones allowing access to knowledge to robotics reducing employment opportunities. This book demonstrates that, for the Global South, technology is making more things both conceivable and achievable.

Unrelenting demands for energy, infrastructure and natural resources, and the need for developing states to augment income and signal an 'enterprise-ready' attitude mean that transnational development projects remain a common tool for economic development. Yet little is known about the fragmented legal framework of private financial mechanisms, contractual clauses and discretionary behaviours that shape modern development projects. How do gaps and biases in formal laws cope with the might of concessionaires and financiers and their algorithmic contractual and policy technicalities negotiated in private offices? What impacts do private legal devices have for the visibility and implementation of Indigenous peoples' rights to land? This original perspective on transnational development projects explains how the patterns of poor rights recognition and implementation, power(lessness), vulnerability and, ultimately, conflict routinely seen in development projects will only be fully appreciated by acknowledging and remedying the pivotal role and priority enjoyed by private mechanisms, documentation and expertise.

This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.

The use of third-party countermeasures is an increasingly common phenomenon in international relations, yet their legal position remains uncertain. Providing the first systematic and comprehensive study of this key concept in international law, Martin Dawidowicz explores the position of third-party countermeasures and their safeguards regime based on the development of ideas on countermeasures in the UN International Law Commission and a thorough examination of state practice. The book clarifies the position of third-party countermeasures in international law, and in doing so challenges some widely held assumptions about the likely impact of a regime of third-party countermeasures on international relations. It will be of interest to international law and relations scholars and students, diplomats, policy makers, international civil servants and non-governmental organisations (NGOs) in the field of human rights.

Autonomous vessels and robotics, artificial Intelligence and cybersecurity are transforming international shipping and naval operations. Likewise, blockchain offers new efficiencies for compliance with international shipping records, while renewable energy from currents and waves and offshore nuclear power stations open opportunities for new sources of power within and from the sea. These and other emerging technologies pose a challenge for the governance framework of the law of the sea, which is adapting to accommodate the accelerating rates of global change. This volume examines how the latest technological advances and marine sciences are reshaping the interpretation and application of the law of the sea. The authors explore the legality of new concepts for military operations on the continental shelf, suggest remote sensing methodologies for delimitation of maritime boundaries, and offer a legal roadmap for ensuring maritime cyber security.

In Justice in the EU: The Emergence of Transnational Solidarity, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. Approaching the question of justice from the European perspective, however, challenges us to think beyond the contractarian idea that equates justice with national political self-determination. A proper model of justice demands a tiered institutional and normative understanding of justice, involving both the nation state and the EU, which can make sense of the new ties between individual citizens that the process of European integration continues to generate. It also requires that we construct a theory of transnational solidarity that can explain what those new ties tell us about our transnational obligations of justice. This book tackles three issues in turn. It explains which precise institutional and normative structures are indispensable in the pursuit of justice; how the European Union can be understood to increase our capacity for the attainment of justice; and formulates a theory of transnational solidarity that informs the interaction between national and European spheres. Three different types of transnational solidarity are identified and carefully traced throughout the case law of the Court of Justice: market solidarity, communitarian solidarity, and aspirational solidarity. Read together, these three transnational solidarities tell us exactly what justice means in the EU.

In the global infectious-disease research community, there has long been uncertainty about the conditions under which biological resources may be studied or transferred out of countries. This work examines the reasons for that uncertainty and shows how global biomedical research has been shaped by international disputes over access to biological resources. Bringing together government leaders, World Health Organization officials, and experts in virology, wildlife biology, clinical ethics, technology transfer, and international law, the book identifies the critical problems - and implications of these problems - posed by negotiating for access and sharing benefits, and proposes solutions to ensure that biomedical advances are not threatened by global politics. Written in accessible, non-technical language, this work should be read by anyone who sees global health and biomedical research as a priority for international lawmakers.

Growing public discontent with the performance and quality of many contemporary democracies makes them vulnerable to popular pressures to profoundly transform or replace their constitutions. However, there is little systematic academic discussion on the legal and political challenges that these events pose to democratic principles and practices. This book, a collaborative effort by legal scholars and political scientists, analyzes these challenges from an interdisciplinary and comparative perspective. It fills a theoretical vacuum by examining the possibility that constitutions might be replaced within a democratic regime, while exploring the conditions under which these processes are more compatible or less compatible with democratic principles. It also calls attention to the real-world political importance of the phenomenon, because recent episodes of constitutional redrafting in countries including Kenya, Poland, Venezuela and Hungary suggest that some aspects of these processes may be associated with either the improvement or the gradual erosion of democracy.

The book discusses legal, ethical, economic and trade aspects of the Pandemic as it affects air transport. It commences with the chronology of the virus spread and examines the various facets of human existential perspectives affected by the pandemic. Following this background is an evaluation of the effect on trade and economics, as well as the legal and regulatory structure concerning communicable diseases applicable to air transport. There is also a detailed discussion on legal liabilities and responsibilities of the State, airlines, airports and public both collectively and individually in coping with the pandemic against the backdrop of public health and the law. The Conclusion contains various recommendations on proactive measures that could be taken to ensure the establishment of a credible and effective legal and regulatory system to combat future pandemics.

Time is one of the most important means for the exercise of power. In Migration Law, it is used for disciplining and controlling the presence of migrants within a certain territory through the intricate interplay of two overlapping but contradicting understandings of time - human and clock time. This book explores both the success and limitations of the usage of time for the governance of migration. The virtues of legal time can be seen at work in several temporal differentiations in migration law: differentiation based on temporality, deadlines, qualification of time and procedural differentiation. Martijn Stronks contests that, hidden in the usage of legal time in Migration Law, there is an argument for the inclusion of migrants on the basis of their right to human time. This assertion is based in the finite, irreversible and unstoppable character of human time.

Since its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC's principle of complementarity as a transnational site and adaptive strategy for realizing an array of ambitious governance goals. Through a grounded, inter-disciplinary approach, it illustrates how complementarity came to be framed as a 'catalyst for compliance' and its unexpected effects on the legal frameworks and institutions of three different ICC 'situation countries' in Africa: Uganda, Kenya, and the Democratic Republic of Congo. Linking complementarity's law and practice to contemporary debates in international law and relations, the book unsettles international law's dominant progressive narrative. It urges a critical rethinking of the ICC's politics and a reorientation towards international criminal justice as a project of global legal pluralism.

The 2011 crisis in Libya represents the first case in which the international community invoked 'the Responsibility to Protect' principle, adopted in 2005 by UN member states, to justify coercive measures including sanctions and the use of military force. In this study, Karin Wester meticulously reconstructs and analyzes the evolution of the Libyan crisis, the international community's response, and the manner in which the 'Responsibility to Protect' was applied. Drawing on a wide variety of primary sources including in-depth interviews with politicians and diplomats, this comprehensive account of the 2011 intervention in Libya redresses popular narratives asserting that the intervention was driven primarily by western (neo-colonial) interests or by a desire for regime change. Instead, Wester reveals how the 'Responsibility to Protect' principle was realized to a considerable extent, but also how it provided a highly fragile basis for military enforcement action. Incorporating perspectives from international law, political science and history, this is a compelling and thought-provoking examination of the real-world application of a principle that is deeply rooted in history but presents daunting challenges in implementation.