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Experts are increasingly relied on in decision-making processes at international and European levels. Their involvement in those processes, however, is contested. This timely book on the role of 'experts' provides a broad-gauged analysis of the issues raised by their involvement in decision-making processes. The chapters explore three main recurring themes: the rationales for involving experts and ensuing legitimacy problems; the individual and collective dimensions of expert involvement in decision making; and experts and politics and the politics of expertise. With contributions from leading scholars and practitioners, they theorize the experts' involvement in general and address their role in the policy areas of environment, trade, human rights, migration, financial regulation, and agencification in the European Union.
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.
An unprecedented new international moral and legal rule forbids one state from hosting money stolen by the leaders of another state. The aim is to counter grand corruption or kleptocracy ("rule by thieves"), when leaders of poorer countries-such as Marcos in the Philippines, Mobutu in the Congo, and more recently those overthrown in revolutions in the Arab world and Ukraine-loot billions of dollars at the expense of their own citizens. This money tends to end up hosted in rich countries. These host states now have a duty to block, trace, freeze, and seize these illicit funds and hand them back to the countries from which they were stolen. In The Despot's Guide to Wealth Management, J. C. Sharman asks how this anti-kleptocracy regime came about, how well it is working, and how it could work better. Although there have been some real achievements, the international campaign against grand corruption has run into major obstacles. The vested interests of banks, lawyers, and even law enforcement often favor turning a blind eye to foreign corruption proceeds. Recovering and returning looted assets is a long, complicated, and expensive process. Sharman used a private investigator, participated in and observed anti-corruption policy, and conducted more than a hundred interviews with key players. He also draws on various journalistic exposes, whistle-blower accounts, and government investigations to inform his comparison of the anti-kleptocracy records of the United States, Britain, Switzerland, and Australia. Sharman calls for better policing, preventative measures, and use of gatekeepers like bankers, lawyers, and real estate agents. He also recommends giving nongovernmental organizations and for-profit firms more scope to independently investigate corruption and seize stolen assets.
Gabrielle Simm's critical re-evaluation of sex between international personnel and local people examines the zero tolerance policy on sexual exploitation and abuse and its international legal framework. Whereas most preceding studies of the issue have focused exclusively on military peacekeepers, Sex in Peace Operations also covers the private military contractors and humanitarian NGO workers who play increasingly important roles in peace operations. Informed by socio-legal studies, Simm uses three case studies (Bosnia, West Africa and the Democratic Republic of the Congo) to illustrate the extent of the problem and demonstrate that the problems of impunity for sexual crimes are not just a failure of political will but the result of the structural weaknesses of international law in addressing non-state actors. Combining the insights of feminist critique with a regulatory approach to international law, her conclusions will interest scholars of international law, peace and conflict studies, gender and sexuality, and development.
This volume is the product of the Centre for Studies and Research of the Hague Academy of International Law for 2007. A total of 23 young academics and practitioners from 16 countries participated in the Centre's summer session, and all contributed to a very valuable scholarly exploration and exchange of views on a vital topic. The volume consists of the introductory reports of the two Directors of Studies (Professor D. Momtaz of the University of Teheran and Professor M.J. Matheson of George Washington Law School), together with contributions by 13 of the Centre participants that were deemed to be particularly worthy of publication, an extensive bibliography and a general index. The topic for 2007 was "Rules and Institutions of International Humanitarian Law Put to the Test of Recent Armed Conflicts". It reflects the fact that international humanitarian law has gone through a period of considerable expansion and development in the past two decades, including the conclusion of several new international humanitarian law conventions and codes of offences, the creation of a number of criminal tribunals to prosecute international humanitarian law violations, and the effort by the ICRC to produce a comprehensive elaboration of customary law in the field. But the topic also reflects the fact that this body of law has been seriously tested by the armed conflicts of recent years, which have often been vast in scope, long in duration and severe in their human consequences. These conflicts have challenged both the norms themselves and the new institutions that have been created to enforce them. Cet ouvrage est le fruit des travaux du Centre d'etude et de recherche de l'Academie de droit international de La Haye de 2007. Un total de vingt-trois jeunes enseignants et praticiens provenant de seize pays differents ont participe a la session d'ete du Centre, et tous ont contribue a une exploration scientifique et a un echange de vues d'un grand interet sur un sujet essentiel. Ce volume comporte les rapports introductifs des deux directeurs d'etudes, ainsi que les contributions de treize participants au Centre qui ont ete jugees particulierement interessantes pour etre publiees, une bibliographie tres etendue et un index general. Le sujet choisi pour 2007 a ete " Les regles et les institutions du droit international humanitaire a l'epreuve des conflits armes recents ". Ce choix reflete le fait que le droit international humanitaire a connu une periode d'expansion et de developpements importants au cours des deux dernieres decennies, y compris la conclusion de plusieurs nouvelles conventions et codes penaux en cette matiere, la creation d'un certain nombre de juridictions penales pour la repression des violations du droit international humanitaire, et les efforts du CICR en vue de circonscrire le droit coutumier dans ce domaine. Mais le choix de ce sujet reflete egalement le fait que ce corpus de droit a ete serieusement mis a l'epreuve par les recents conflits armes, lesquels ont souvent ete vastes dans leur etendue, longs dans leur duree, et severes dans leurs consequences humaines. Ces conflits ont mis au defi a la fois les normes ellesmemes et les nouvelles institutions creees pour les sanctionner. Originally published as Colloques / Workshops - Law Books of the Academy, Volume 30.
This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.
Policing is commonly thought to be governed by domestic legal systems and not international law. However, various international legal standards are shown to have an impact in situations where police use force. Police Use of Force under International Law explores this tension in detail for the first time. It critically reviews the use of force by law enforcement agencies in a range of scenarios: against detainees, during protests, and in the context of counterterrorism and counterpiracy operations. Key trends, such as the growing use of private security services, are also considered. This book provides a human rights framework for police weaponry and protection of at-risk groups based on critical jurisprudence from the last twenty years. With pertinent case law and case studies to illustrate the key principles of the use of force, this book is essential reading for anyone interested in policing, human rights, state use of force or criminology.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 155 reports on, amongst others, the England Court of Appeal 2013 judgment in Othman (Abu Qatada) v. Home Secretary, the 2012 decision of the European Court of Human Rights in Ahmad and Others v. United Kingdom and the related 2012 England High Court decision in Hamza and Others v. Home Secretary, and the South Africa Constitutional Court 2011 judgment in Glenister v. President of Republic of South Africa.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 154 reports on, amongst others, the 2013 Award of Court of Arbitration in the Indus Waters Kishenganga Arbitration, the Advisory Opinion OC-16/99 of Inter-American Court of Human Rights on the Right to Information on Consular Assistance, and the United States Court of Appeals (District of Columbia Circuit) 2012 decision in Hamdan.
In contemporary missions, soldiers often face unconventional opponents rather than enemy armies. How do Western soldiers deal with war criminals, rioters, or insurgents? What explains differences in behavior across military organizations in multinational missions? How does military conduct impact local populations? Comparing troops from the United States, Britain, Germany, and Italy at three sites of intervention (Bosnia, Kosovo, and Afghanistan), this book shows that militaries in the field apply idiosyncratic organizational routines. Friesendorf uses the concept of routines to explain, for example, why US soldiers are trigger-happy, why British soldiers patrol on foot, and why German soldiers avoid risk. Despite convergence in military structures and practices, militaries continue to fight differently, often with much autonomy. This bottom-up perspective focuses on different routines at the level of operations and tactics, thus contributing to a better understanding of the implementation of military missions, and highlighting failures of Western militaries to protect civilians.
Between Fragmentation and Democracy explores the phenomenon of the fragmentation of international law and global governance following the proliferation of international institutions with overlapping jurisdictions and ambiguous boundaries. The authors argue that this problem has the potential to sabotage the evolution of a more democratic and egalitarian system and identify the structural reasons for the failure of global institutions to protect the interests of politically weaker constituencies. This book offers a comprehensive understanding of how new global sources of democratic deficits increasingly deprive individuals and collectives of the capacity to protect their interests and shape their opportunities. It also considers the role of the courts in mitigating the effects of globalization and the struggle to define and redefine institutions and entitlements. This book is an important resource for scholars of international law and international politics, as well as for public lawyers, political scientists, and those interested in judicial reform.
The Yearbook on Space Policy, edited by the European Space Policy Institute (ESPI), is the reference publication analysing space policy developments. Each year it presents issues and trends in space policy and the space sector as a whole. Its scope is global and its perspective is European. The Yearbook also links space policy with other policy areas. It highlights specific events and issues, and provides useful insights, data and information on space activities. The first part of the Yearbook sets out a comprehensive overview of the economic, political, technological and institutional trends that have affected space activities. The second part of the Yearbook offers a more analytical perspective on the yearly ESPI theme and consists of external contributions written by professionals with diverse backgrounds and areas of expertise. The third part of the Yearbook carries forward the character of the Yearbook as an archive of space activities. The Yearbook is designed for government decision-makers and agencies, industry professionals, as well as the service sectors, researchers and scientists and the interested public.
Adelle Blackett tells the story behind the International Labour Organization's (ILO) Decent Work for Domestic Workers Convention No. 189, and its accompanying Recommendation No. 201 which in 2011 created the first comprehensive international standards to extend fundamental protections and rights to the millions of domestic workers laboring in other peoples' homes throughout the world. As the principal legal architect, Blackett is able to take us behind the scenes to show us how Convention No. 189 transgresses the everyday law of the household workplace to embrace domestic workers' human rights claim to be both workers like any other, and workers like no other. In doing so, she discusses the importance of understanding historical forms of invisibility, recognizes the influence of the domestic workers themselves, and weaves in poignant experiences, infusing the discussion of laws and standards with intimate examples and sophisticated analyses. Looking to the future, she ponders how international institutions such as the ILO will address labor market informality alongside national and regional law reform. Regardless of what comes next, Everyday Transgressions establishes that domestic workers' victory is a victory for the ILO and for all those who struggle for an inclusive, transnational vision of labor law, rooted in social justice.
With the resurgence of Asian nations such as China, current West-centric international law is changing in the twenty-first century. There is a pressing need to address these changes within international legal studies and overcome potential conflicts between existing and emerging powers. This structural transformation also demands a change in understanding of existing ideas and institutions. This book explores a 'trans-civilizational' approach to international law, supplementing and modifying two other prevalent perspectives: international and transnational. By considering these three layered viewpoints, this book highlights the complex phenomena surrounding the history and development of international law. The author also considers how international law operates and functions within diverse forums such as diplomatic negotiation, international organizations, and domestic political processes. This book will appeal to international law scholars and students, as well as those interested in the rise of non-Western powers and its impact on the prevalent ideas and institutions of the world.
In their contributions, the authors connect general philosophical reasoning about the foundational role of human dignity for human rights with more concrete demands as to how to deal with basic human needs and to end poverty. These legal and political arguments are based on recent rulings of regional courts and international human rights bodies. They discuss obligations that result from human rights and ask which institutions or corporations are responsible for their realisation.
Power Sharing and Democracy in Post-Civil War States examines the challenge of promoting democracy in the aftermath of civil war. Hartzell and Hoddie argue that minimalist democracy is the most realistic form of democracy to which states emerging from civil war violence can aspire. The adoption of power-sharing institutions within civil war settlements helps mitigate insecurity and facilitate democracy's emergence. Power sharing promotes 'democratization from above' by limiting the capacity of the state to engage in predatory behavior, and 'democratization from below' by empowering citizens to participate in politics. Drawing on cross-national and case study evidence, Hartzell and Hoddie find that post-civil war countries that adopt extensive power sharing are ultimately more successful in transitioning to minimalist democracy than countries that do not. Power Sharing and Democracy in Post-Civil War States presents a new and hopeful understanding of what democracy can look like and how it can be fostered.
Controversy over Iranian nuclear policy has been mounting in both legal and political circles since the early 2000s. Most recently, the International Atomic Energy Association (IAEA), tasked with verifying compliance of Member States with the Nuclear Non-Proliferation Treaty, has been expressing concern that Iran's nuclear efforts are directed not solely toward peaceful uses, but also for military purposes. In response, various States have tried, individually and collectively, to engage Iran in agreed frameworks of action that would include an Iranian self-imposed restraint regarding its nuclear development. This volume documents the Iranian nuclear issue, tracing the evolution of international interest and concern with Iran's nuclear policy since the 1970s, when Iran began earnest efforts to acquire nuclear capabilities. Emphasis is nonetheless placed on events since 2002-2003, when it was established that Iran had concealed certain aspects of its nuclear activities from the IAEA. Alongside reports of the IAEA and Security Council documents, the volume covers diverse sources rather than relying solely on UN organs and agencies, international organizations, or dedicated ad hoc bodies.
This volume brings together both academic and institutional perspectives to examine the production, use and contestation of indicators in global governance. It provides a unique and comprehensive guide to the latest research in the study of indicators and their use in global governance and policy making. The editors provide a guide to the recent vast body of literature and practice on measuring governance and measurement as governance at the global level, and present a state-of-the-art analysis of social science research on indicators at both the transnational and the global level. The Handbook brings together scholars from a variety of disciplines and perspectives, as well as policy-makers from international organisations and non-government organisations working in the field. This volume will be a valuable resource for students and academics in the fields of public policy, administration and management, international relations, political science, law, and globalisation, as well as policy makers and practitioners.
This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member States before the EU Treaties. The book presents a collection of high-quality academic and expert contributions, which, in light of the most recent developments in implementing the post-Lisbon legal framework, reflect the current interpretation of the equality principle, examining its performance in practice with a view to suggesting possible solutions in order to overcome recurring problems. To this end the volume is divided into three Parts, the first of which addresses a peculiar aspect of the EU equality that is mostly overlooked in the investigations devoted to this topic, namely, equality among States. Part II shifts to the inter-individual dimension of equality and explores some major developments contributing to (re)shaping the global framework of EU anti-discrimination law, while Part III undertakes a more practical investigation devoted to the substantive strands of that area of EU law.
In the past ten years, Europe has faced challenges that are unprecedented in its contemporary history. The economic and financial crisis revealed the weaknesses in the functioning of the Eurozone, notably the European Union's macro-economic structure. The neo-liberal measures intended to remedy it have caused, however, fierce reactions on both poles of the political spectrum. The reduction of Member States' sovereignty in fiscal and economic policy gave rise to right wing populism and Euro-skeptic political forces. Resisting the politics of austerity, the social movements across Europe have resorted occasionally to extra-institutional mechanisms and channels. Violence has indeed become Europe's new normal, but not only due to the rise of radical left-wing and, even more so, right-wing social movements. Hit by a series of terrorist attacks, European polities have descended into a latent (and in moments real) "state of nature." Eleven contributions to this volume are all concerned with the different facets of the European crisis and the possibilities of overcoming it. They address themselves to the philosophers, political scientists, and legal scholars interested in the European Union studies. (Series: Democracy and the Rule of Law, Vol. 7) [Subject: Constitutional Law, Politics, Human Rights Law]
Why do political actors willingly give up sovereignty to another state, or choose to resist, sometimes to the point of violence? Jesse Dillon Savage demonstrates the role that domestic politics plays in the formation of international hierarchies, and shows that when there are high levels of rent-seeking and political competition within the subordinate state, elites within this state become more prepared to accept hierarchy. In such an environment, members of society at large are also more likely to support the surrender of sovereignty. Empirically rich, the book adopts a comparative historical approach with an emphasis on Russian attempts to establish hierarchy in post-Soviet space, particularly in Georgia and Ukraine. This emphasis on post-Soviet hierarchy is complemented by a cross-national statistical study of hierarchy in the post WWII era, and three historical case studies examining European informal empire in the nineteenth and early twentieth centuries.
Hard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.
This book investigates the strengths and weaknesses - in terms of transparency and compliance with the democratic principle - of Bretton Woods Institutions, considering the most important innovations from the original framework achieved through the introduction of independent accountability and complaint mechanisms (the Inspection Panel and Independent Evaluation Office), but also due to relevant reforms in the internal governance of the International Monetary Fund and the new financial assistance tools. One of its main focuses is on evaluating the socio-economic impact of conditionality in the countries requiring financial assistance, acknowledging the need to strengthen social protection policies in the adjustment programs. In addition, emphasis is given to the effects of the "constitutionalization" of the Washington Consensus in the European Union, with the establishment of the so-called "Berlin-Brussels-Frankfurt Consensus."
Since the rise of the nation-state in the nineteenth century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the process is better described as transnational. As cross-border interaction is increasing in intensity, a dominant transnational legal order for constitutions has emerged, with its own norms, guidelines and shared ideas. Yet both the process and substance of constitution-making are being contested in divergent and insurgent constitutional orders. Bringing together leading scholars from the United States, Europe, Latin America, and Asia, this volume addresses the actors, networks, norms and processes involved in constitution-making, as well as the related challenges, from a transnational and comparative perspective. Drawing from the research on transnational legal orders, this work explores and examines constitution-making in every region of the world.
Is the EU isolated within the emergent multipolar world? Concentrating on interregional relations and focussing on the European Union's (EU) evolving international role with regards to regional cooperation, this innovative book collects a set of fresh empirical analyses of interregional ties binding the EU with its Eastern and Southern neighbourhood, as well as with Asia, Africa and the Americas. The 25 leading authors from 5 continents have contributed original and diverse chapters and the book advances a novel theoretical 'post-revisionist' approach beyond both the Eurocentrism of 'Europe First' perspectives as well as the Euroscepticism of those advocating to simply move 'Beyond Europe'. After a Foreword by A. Acharya, the book's five sections reflect the main drivers of EU interregional policies: The European Union as a Sophisticated Laboratory of Regional and Interregional Cooperation (with chapters by M. Telo, L. Fawcett and T. Risse), De Facto Drivers of Regionalism (F. Ponjaert, M. Shu, A. Valladao and C. Jakobeit), De Jure Drivers of Regionalism (S. Lavenex, G. Finizio, C. Jakobeit, R. Coman, C. Cocq & S. Teo L-Shah), Cognitive Drivers of Regionalism (J. Ruland, E. Fitriani, S. Stavridis & S. Kingah, P. Bacon), and Instrumental Drivers of Regionalism (B. Delcourt, C. Olsson & G. Muller, A. Malamud & P. Seabra and L. Fioramonti & J. Kostopoulos).
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