Set in the context of growing interdisciplinarity in legal research, The Political Economy of International Law: A European Perspective provides a much-needed systematic and coherent review of the interactions between political economy and international law. The contributors reflect the need felt by international lawyers to open their traditional frontiers to insights from other disciplines - and political economy in particular. The methodological approach of the book is to take the traditional list of topics for a general treatise of international law, and to systematically incorporate insights from political economy to each. Students and scholars of political economy and international law will find the topics discussed to be of great interest to their work. This book will also provide valuable insights for economists, lawyers, and policy-makers. Contributors include: E. Benvenisti, L. Boisson De Chazournes, B. Delcourt, A. Fabbricotti, A. Gianelli, E. Kica, U. Kohut, C. Leb, T.A. Lehmann, M.K. Lewis, P. Merkouris, A. Nollkaemper, M. Panizzon, N. Petersen, P.B. Stephan, J.P. Trachtman, A. Van Aaken, D. Vitiello, A. Von Staden, R.A. Wessel, J. Wouters

This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.

On the occasion of the twenty-fifth anniversary of the Netherlands Institute of International Relations 'Clingendael' The Netherlands Institute of International Affairs 'Clingendael' celebrates its 25th anniversary in 2008. This is not only a reason to look in retrospect, but also to look into the future. In this book, research fellows from the Institute shed some light on the near future regarding their research topics. Various themes in the field of Diplomacy, European integration, Security, and Energy are dealt with. In the tradition of the Clingendael Institute, being a policy-relevant think-tank, the different contributions to this book are not hypothetical foresights written from an ivory tower, but thought-provoking, policy-oriented chapters that will be relevant to anyone interested in international relations. Prof. Dr Jaap de Zwaan is Director of the Clingendael Institute, Dr Edwin Bakker is Head of the Clingendael Security and Conflict Programme, Sico van der Meer MA is a Research Fellow in the Clingendael Security and Conflict Programme.

This book aims to advance the understanding of pre-commercial procurement (PCP) as innovation policy instrument and as means to fulfil public needs. To this end, it places PCP within its political and legal context and elucidates its origins and its economic rationale. Based on this analysis, it suggests a clear conceptualization of PCP and a clear delineation from other innovation policy instruments. Subsequently, the book assesses the value and achievements of the more established type of PCP policy programmes, and draws lessons for improvement. In this context, it raises awareness of the remaining obstacles to its wide and effective implementation and suggests appropriate solutions ranging from policy guidance to law interpretation and legislative reform. The text makes use of illustrative practical examples of policy-making and project implementation in various public programmes of R&D procurement. This is a highly relevant book for academics and practitioners in the field of public procurement. Ramona Apostol is Senior Procurement Adviser at Corvers Procurement Services B.V. in the Netherlands. She holds a Ph.D. in Law from Leiden University, the Netherlands. She has been involved in a wide range of procurement projects related to the implementation of R&D and innovation procurement and regularly acts as independent expert for the European Commission on this topic.

This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds."

This book deals with foundation law in various European countries. It sums up contributions from the most outstanding experts in foundation law in fourteen countries. These are either civil law or common law, and their socio-economical situation is considerably different.
Despite the outstanding differences in each country, foundations have been growing in number and importance all over Europe in the last decades. Political, economical and social changes occurred in various European countries increased foundations' role. The need to focus on foundations' laws and regulations arose in many States for different reasons.
The contributions in this book focus in particular on the recent development of foundation law, on the evolution foundations have undergone in recent years and on trends in law.

Developing CDM Projects in the Western Balkans: Legal and Technical Issues Compared, arises from the professional practical experience gained by an interdisciplinary team of legal and technical experts acting in the framework of the environmental bilateral cooperation performed by the Italian Ministry for the Environment, Land and Sea in the Western Balkan countries, through the "Task Force for Central and Eastern Europe."

The added value of the book consists in the fact that it jointly presents the real professional experience gained by a multi sectoral team of lawyers, economists, engineers and other technical experts, working in synergy with a shared vision.

This volume will be useful not only to those specifically interested in the Western Balkan area, but represents a broader example of lessons learned in the development of CDM projects. Therefore, it may have a broad market among Government officials and legal-economic-technical professionals dealing with climate change issues as well as academics developing scientific research in this field.

Mobile phones are the most ubiquitous communications technology in the world. Besides transforming the way in which we communicate, they can also be used as a powerful tool for conflict prevention and management. This book presents innovative uses of mobile technologies in the areas of early warning, disaster and humanitarian relief, governance, citizens' participation, etc. and cuts across different regions. The book brings together experts and practitioners from different fields-mobile technologies, information systems, computer sciences, online dispute resolution, law, etc.-to reflect on present experiences and to explore new areas for research on conflict management and online dispute resolution (ODR). It also reflects on the transition from present ODR to future mobile Dispute Resolution and discusses key privacy issues. The book is addressed to anyone involved in conflict prevention and dispute management aiming to learn how mobile technologies can play a disruptive role in the way we deal with conflict.

Ballast water management is a complex subject with many issues and still limited knowledge, however, it is building up on new scientific researches and practical experience. The Ballast Water Management Convention is the global legal framework which still needs to be implemented. This book brings together a long-term and newest experience from practical work, scientific research, administration and policy involvements, offering unique insights to readers who would like to learn more about this subject. It also provides recommendations and practical solutions especially important for professionals, administrations and organizations in the process of the implementation of this Ballast Water Management Convention.

This book addresses some of the most debated topics preceding the UK referendum on membership of the EU, namely welfare services and free movement of citizens. The work improves understanding of the implications of the European Economic Area (EEA) Agreement, which is the most integrated form of association agreement with the EU for non-member states. The author considers the impact of EEA law on both European Free Trade Association (EFTA) states and on EU Member States, and looks at case law. A broad range of welfare services are analysed, including public healthcare and educational services, various social services, and public utilities such as transport and public broadcasting. Free movement of students, of patients and public financing of welfare services are among the issues explored. The focus here is particularly on legal aspects and the demonstrated development of the EEA Agreement into the welfare sphere. This work enables a sophisticated analysis about the nature of the principles of homogeneity and dynamism. The book is essential reading for scholars who seek to understand the EU's legal framework, the EEA Agreement and its implications. The topics covered are also relevant to UK/EU discussions on future relations, both for intermediate and long-term arrangements.

This volume addresses the creation, documentation, preservation, and study of the archaeology of lunar, planetary, and interstellar exploration.It defines the attributes of common human technological expressions within national and, increasingly, private exploration efforts, and explore the archaeology of both fixed and mobile artifacts in the solar system and the wider galaxy.
This book presents the research of the foremost scholars in the field of space archaeology and heritage, a recent discipline of the field of Space Archaeology and Heritage. It provides the emerging archaeological perspective on the history of the human exploration of space.Since humans have been creating a vast archaeological preserve in space and on other celestial bodies.This assemblage of heritage objects and sites attest to the human presence off the Earth and the study of these material remains are best investigated by archaeologists and historic preservationists.As space exploration has reached the half century mark, it is the appropriate time to reflect on the major events and technological development of this particular unique 20th century arena of human history.
The authors encapsulate various ways of looking at the archaeology of both fixed and mobile human artifacts in the solar system.As missions continue into space, and as private ventures gear up for public and tourist visits to space and to the Moon and even Mars, it is the appropriate time to address questions about the meaning and significance of this material culture."

This book provides a thorough legal analysis of sovereign indebtedness, examining four typologies of sovereign debt bilateral debt, multilateral debt, syndicated debt and bonded debt in relation to three crucial contexts: genesis, restructuring and litigation. Its treatise-style approach makes it possible to capture in a systematic manner a phenomenon characterized by high complexity and unclear boundaries. Though the analysis is mainly conducted on the basis of international law, the breadth of this topical subject has made it necessary to include other sources, such as private international law, domestic law and financial practice; moreover, references are made to international financial relations and international financial history so as to provide a more complete understanding. Although it follows the structure of a continental "tractatus, "the work strikes a balance between consideration of doctrinal and jurisprudential sources, making it a valuable reference work for scholars and practitioners alike."

Capturing the Change: Universalising Tendencies in Legal Interpretation Joanna Jemielniak and Przemys aw Mik aszewicz International and supranational integration on the European continent, as well as the harmonisation of the rules of international trade and the accompanying dev- opment and global popularity of the resolution of commercial disputes through arbitration, constantly exerts a considerable in uence on modern legal systems. The sources of each of these phenomena are different, and their action is dissimilar. Each can be described as reaching either from the top to the bottom, through the direct involvement of interested States and consequently affecting their internal legal s- tems (international and supranational integration; harmonisation of trade regulations through public international law instruments), or bottom-up, as a result of activity by private parties, leading to the achievement of uniform practices and standards (ar- tration, lex mercatoria). Nonetheless, they both enrich national legal cultures and contribute to transgressing the limits of national (local) particularisms in creating, interpreting and applying the law. The aim of this book is to demonstrate how these processes have in uenced the interpretation of law, how they have shaped the methods and techniques of the interpretation and with what consequences for the outcomes of the interpretative procedures. In assessing the extent of this in uence, due regard must be paid to the fact that the interpretation of law is not, in principle, directly determined by the provisions of law itself.

In today's world of globalisation the position of the highest national courts is changing. Traditionally, the highest courts have the task of safeguarding the coherency of law within the territory of their jurisdiction. Being at the top of the hierarchy of courts in their country, there was no other authority above them. This picture is being thoroughly disturbed by the internationalisation of law, which has brought the domestic legal systems into close contact with each other and which has created hierarchies among the highest national courts. This book is an important tool for national judges, judges and staff of international courts, civil servants at ministries of justice, and others studying or practising law on the dividing line between the national and international level. It contains a reflection of the exchange of views that took place during a session of the Hague Colloquium on the Fundamental Principles of Law, which sought to identify the challenges which emerge for the highest national courts in an internationalising world. Sam Muller is Director of the Hague Institute for the Internationalisation of Law (HiiL), The Hague, the Netherlands. Marc Loth was Dean and Professor of jurisprudence and legal theory at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands at the time of working on this book. He is a member of the Dutch Hoge Raad (Supreme Court).

This book explores whether the co-existence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Heupel and Reinold argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depends on specific scope conditions. Among these are the mobilization of powerful states and courts, as well as the fit between soft law and hard law arrangements. The volume comprises seven case studies written by International Relations and International Law scholars. Bridging the gap between political science and legal scholarship, the volume enables an interdisciplinary perspective on the emergence of an international rule of law. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond the nation state.

This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR - as it stands right now with the draft accession agreement - the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.

How is the United States able to control the IMF with only 17 per cent of the votes? How are the rules of the global economy made? This book shows how a combination of formal and informal rules explains how international organizations really work. Randall W. Stone argues that formal rules apply in ordinary times, while informal power allows leading states to exert control when the stakes are high. International organizations are therefore best understood as equilibrium outcomes that balance the power and interests of the leading state and the member countries. Presenting a new model of institutional design and comparing the IMF, WTO, and EU, Stone argues that institutional variations reflect the distribution of power and interests. He shows that US interests influence the size, terms, and enforcement of IMF programs, and new data, archival documents, and interviews reveal the shortcomings of IMF programs in Mexico, Russia, Korea, Indonesia, and Argentina.

This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global "constitutional culture" instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.

This book examines the security, defence and foreign policy choices and challenges of small states in NATO and its small partner states in the new security environment. The main aim of the book is to analyse how these states are dealing with current and emerging security challenges and how they might better prepare for these challenges. A special focus is on 'new' security threats and solutions, such as drones and hybrid warfare. Simultaneously, the book focusses on how small states are responding to emerging 'old threats', such as Russian aggression in its neighbouring states and increased activity in the North Atlantic. The book makes an attempt to answer questions like: How are the small states of NATO and its small partner states adjusting to the new geo-political and geo-economic environment? Do small states in NATO manage the tension between alliance commitments differently from small states that are not members of NATO? What are the core strategic interests of the NATO and non-NATO partner small states? The book is about the external dimension of inherent size-related difficulties in states and how small states compensate for their inbuilt structural weaknesses compared with their larger neighbouring states. One third of the member states of NATO are small and most NATO partner states are small states too. Small states frequently have a disproportionate effect on global politics and they are more often affected by global shifts of power, yet they have less resources available to address security challenges. The aim of the book is to enhance the understanding of the role of small states in the changing global international security environment. The book presents the theory of shelter (which is derived from the diverse and extensive literature on small states) and uses it to examine how small states respond to new and old security threats. Shelter theory addresses three interrelated issues of common concerns to small states: the reduction of risk before a possible crisis event, assistance in absorbing shocks in times of crises, and help in recovering after such an event. In short, shelter theory claims that small states need external shelter in order to survive and prosper. They are dependent on the economic, political, and societal shelter provided by larger states, as well as regional and international organizations.

The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the european Union. One of the key functions or purposes of international law (and law in general for that matter) is to provide long-term stability and legal certainty. Yet, international legal rules may also function as tools to deal with non-permanent or constantly changing issues and rather than stable, international law may have to be flexible or adaptive. Prima facie, one could think of two main types of temporary aspects relevant from the perspective of international law. First, the nature of the object addressed by international law or the 'problem' that international law aims to address may be inherently temporary (temporary objects). Second, a subject of international law may be created for a specific period of time, after the elapse of which this entity ceases to exist (temporary subjects). These types of temporariness raise several questions from the perspective of international law, which are hardly addressed from a more conceptual perspective. This volume of the Netherlands Yearbook of International Law aims to do exactly that by asking the question of how international law reacts to various types of temporary issues. Put differently, where does international law stand on the continuum of predictability and pragmatism when it comes to temporary issues or institutions?

This book is both a repertory guide to the Convention on International Civil Aviation (Chicago Convention) as well as a legal analysis of the provisions of the treaty. It traces action taken by the ICAO Assembly and the Council in the implementation of the Convention from the first ICAO Assembly in 1947 until 2012. Above all, the book offers a commentary on the functional and moral fabric of the Chicago Convention, which is not only a multilateral legal instrument that sets out basic principles of air navigation and air transport, but also serves as a moral compass that brings the people of the world together.

The teleological nature of the Chicago Convention is reflected from the outset from its Preamble which sets the tone and philosophy of the Convention that aviation builds friendship and understanding among all people, to its technical provisions that range from rules of the air to landing at airports and customs and immigration procedures. The book effectively demonstrates the Aristotelian principle that rules make people good by forming habits in them. Standardization, or in other words, compliance, is the driver of the Convention that keeps aviation safe, regular, efficient and economical. To that end, this book traces and details the sustained relevance of the Chicago Convention and the efforts of ICAO and the international aviation community towards keeping air transport on track and ready for its future exponential growth, both in letter and in spirit. "

International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries' approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. Chapter "What Are and to What Avail Do We Study European International Law Traditions?" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

The book analyses a broad range of relevant aspects as the outer space and cyber space domain do not only present analogies but are also strongly interrelated. This may occur on various levels by technologies but also in regard to juridical approaches, each nevertheless keeping its particularities. Since modern societies rely increasingly on space applications that depend on cyber space, it is important to investigate how cyberspace and outer space are connected by their common challenges. Furthermore, this book discusses not only questions around their jurisdictions, but also whether the private space industry can escape jurisdiction by dematerializing the space resource commercial processes and assets thanks to cyber technology. In addition, space and cyberspace policies are analysed especially in view of cyber threats to space communications. Even the question of an extra-terrestrial citizenship in outer space and cyberspace may raise new views. Finally, the interdependence between space and cyberspace also has an important role to play in the context of increasing militarization and emerging weaponization of outer space. Therefore, this book invites questioning the similarities and interrelations between Outer Space and Cyber Space in the same way as it intends to strengthen them.

Analysing international law through the prism of "cynicism" makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.

This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment-one that respects the formal procedures of textual alteration laid down in the constitutional text-may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.