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Since its founding, the United States has defined itself as the supreme protector of freedom throughout the world, pointing to its Constitution as the model of law to ensure democracy at home and to protect human rights internationally. Although the United States has consistently emphasized the importance of the international legal system, it has simultaneously distanced itself from many established principles of international law and the institutions that implement them. In fact, the American government has attempted to unilaterally reshape certain doctrines of international law while disregarding others, such as provisions of the Geneva Conventions and the prohibition on torture.America's selective self-exemption, Natsu Taylor Saito argues, undermines not only specific legal institutions and norms, but leads to a decreased effectiveness of the global rule of law. Meeting the Enemy is a pointed look at why the United States' frequent--if selective--disregard of international law and institutions is met with such high levels of approval, or at least complacency, by the American public.
This book argues that since the end of the Cold War an international community of liberal states has crystallised within the broader international society of sovereign states. Significantly, this international community has demonstrated a tendency to deny non-liberal states their previously held sovereign right to non-intervention. Instead, the international community considers only those states that demonstrate respect for liberal democratic standards to be sovereign equals. Indeed the international community, motivated by the theory that international peace and security can only be achieved in a world composed exclusively of liberal states, has engaged in a sustained campaign to promote its liberal values to non-liberal states. This campaign has had (and continues to have) a profound impact upon the structure and content of international law. In light of this, this book deploys the concepts of the international society and the international community in order to construct an explanatory framework that can enable us to better understand recent changes to the political and legal structure of the world order and why violations of international peace and security occur.
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.
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
The fragmentation of international law is an undeniable phenomenon and one that has met with increasing academic interest. This fragmentation is the result of the progressive expansion of both international legal activity and the subject-matter of international law. This expansion brings with it the risk of conflicting rules, principles and institutions. Non-Proliferation Law as a Special Regime focuses on weapons of mass destruction and aims to identify whether there are specific rules applying to this field that depart from the general rules of international law and the rules of other special regimes, in particular with regard to the law of treaties and the law of state responsibility. In providing a systematic analysis of a substantive area of international law and applying the theory of fragmentation and special regimes, the book contributes to the ongoing debate concerning one of the most topical issues in international law.
This book offers a concise yet comprehensive review of the principles of EU external relations law. By carefully examining the role of the Union on the global scene, it provides a systematic overview of the relevant rules and competences, reflecting on the legal developments in their political and societal context. In addition to up-to-date analyses of, inter alia, the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy, it highlights the EU's external powers with regard to the environment, fundamental rights and development cooperation. Moreover, it includes dedicated chapters exploring the relations with neighbouring countries, and explaining the complex interplay between rules of domestic, European and international provenance. The second edition of this established text (the first edition was published under the title Layered Global Player in 2011) has been geared even more specifically towards students, for example through the inclusion of chapter overviews, clarifying boxes, and supplementary examples, while a meticulous review of the narrative has further enhanced its accessibility. As before, the book's compact dimensions, transparent structure and engaging style of writing enable readers to master the main features of this gripping field of law with ease. It thus remains an invaluable resource for students and lecturers alike.
From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC
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.
This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflicts. The debate has rarely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Quebec and the Sudan - all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit. Exploring how various nations have encountered comparable conflicts, some more and some less successfully, the book broadens the perspectives of scholars, government officials, and citizens struggling to resolve sovereignty conflicts with a full appreciation of the underlying principles they represent.
The Court of Justice of the European Union (CJEU) is one of the central institutions of the EU and has played a decisive role in European integration. As one of the most powerful international courts, at a time when political systems around the world are becoming more judicialized, it is a key actor to understand in world affairs. Yet it is not without controversy. As both an interpreter of law and as a political power influencing policy-making through its bold case law, it has become increasingly criticized in recent years for its perceived activism and distance from the European people. Combining the perspectives of a legal scholar and a political scientist, this important new text gives a uniquely broad-ranging account of the CJEU. It introduces readers to the role and function of the Court and explains how it fits into the broader political system and historical evolution of the European Union. It examines the constitutional contributions made by the Court and the part it plays in policy-making, in areas such as the environment, gender equality and human rights. Drawing on the latest research, the book takes full account of recent changes to the place of the Court in the European political system, and shows how new forms of governance, such as the open method of coordination, have had a significant impact on the role the Court is able to play.
Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between private and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law. Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions (the United States, France, Germany, the United Kingdom, Italy, and the Netherlands) she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations. Overall, this study argues that the inherited shortcomings of contemporary private international law stem more from the incorporation of nineteenth century theories of sovereignty and state rights than from theoretical premises of private law. In turn, by reconsidering the relational premises of the nineteenth century private law perspectives discussed in this book, Banu contends that private international law could take centre stage in efforts to increase social and economic equality by fostering individual agency and social responsibility in the transnational realm.
Virtually every important question of public policy today involves an international organization. From trade to intellectual property to health policy and beyond, governments interact with international organizations in almost everything they do. Increasingly, individual citizens are directly affected by the work of international organizations. Aimed at academics, students, practitioners, and lawyers, this book gives a comprehensive overview of the world of international organizations today. It emphasizes both the practical aspects of their organization and operation, and the conceptual issues that arise at the junctures between nation-states and international authority, and between law and politics. While the focus is on inter-governmental organizations, the book also encompasses non-governmental organizations and public policy networks. With essays by the leading scholars and practitioners, the book first considers the main international organizations and the kinds of problems they address. This includes chapters on the organizations that relate to trade, humanitarian aid, peace operations, and more, as well as chapters on the history of international organizations. The book then looks at the constituent parts and internal functioning of international organizations. This addresses the internal management of the organization, and includes chapters on the distribution of decision-making power within the organizations, the structure of their assemblies, the role of Secretaries-General and other heads, budgets and finance, and other elements of complex bureaucracies at the international level. This book is essential reading for scholars, practitioners, and students alike.
Trust in International Cooperation challenges conventional wisdoms concerning the part which trust plays in international cooperation and the origins of American multilateralism. Brian C. Rathbun questions rational institutionalist arguments, demonstrating that trust precedes rather than follows the creation of international organizations. Drawing on social psychology, he shows that individuals placed in the same structural circumstances show markedly different propensities to cooperate based on their beliefs about the trustworthiness of others. Linking this finding to political psychology, Rathbun explains why liberals generally pursue a more multilateral foreign policy than conservatives, evident in the Democratic Party's greater support for a genuinely multilateral League of Nations, United Nations and North Atlantic Treaty Organization. Rathbun argues that the post-World War Two bipartisan consensus on multilateralism is a myth, and differences between the parties are growing continually starker.
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.
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.
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 135 reports on, amongst others, the Partial and Final Awards of the Eritrea Ethiopia Claims Commission, the judgments of the United States Court of Appeals relating to the 1998 2000 Eritrea-Ethiopia armed conflict and the native land title cases from the Inter-American Commission on Human Rights, Belize and Malaysia.
This volume analyzes the evolution of geo-political and economic integration in the Eurasian area. The Eurasian integration is a growing phenomenon and the largest scale analysis proves necessary to avoid simplistic judgments based only on the geo-political approach. The editors of this publication present different profiles of integration, such as the geo-political and constitutional aspect, the relations with the European Union, migration issues, energy flows, the compatibility between the Eurasian and the WTO law, and the comparison with the European integration model. The book presents a wide range of viewpoints through essays of specialists from Russia, Ukraine, Lithuania, Belarus, Italy, France.The book is of interest to academics and practitioners in constitutional, international and European law, international relations, and political science. It was published with the support of the Department of International Studies of the University of Milan, within which a specific multidisciplinary research group on the countries of Central and Eastern Europe, well known at national and international level, has consolidated its experience over the years.
Underground warfare, a tactic of yesteryear, has re-emerged as a global and rapidly diffusing threat. This book is the first of its kind to examine tunnel warfare in a systematic and comprehensive way, addressing the legal issues while keeping in mind operational and strategic challenges. Like many other aspects of contemporary warfare, the renewed use of the subterranean in armed conflict presents a challenge for democracies wishing to abide by the law. To Dr. Richemond-Barak, this challenge has not only been under-explored, it is also largely underestimated by the community of states, security experts, and public opinion. She analyzes traditional concepts of the laws of war as they relate to tunnels and underground operations, contemplating questions such as whether tunnels constitute legitimate targets, the assessment of proportionality in anti-tunnel operations, and the availability of advanced warning in this complex terrain. She also identifies issues that are unique to underground warfare, including those that arise when cross-border tunnels burrow under a state's own civilian infrastructure.
This book introduces readers to the topical area of CSI: critical space infrastructure, which is defined as an emerging domain of systems-of-systems encompassing hardware, workforce, environment, facilities, business and organizational entities. Further, it includes unmanned air systems, satellites, rockets, space probes, and orbital stations, and involves multi-directional interactions essential for maintenance of vital societal functions (i.e., health, safety, economic and social well-being), the loss or disruption of which would have significant impact on virtually any nation. The topics covered include the main elements of CSI, CSI taxonomy, effects of CSI on other infrastructure systems, establishing quantitative and qualitative parameters, global and national effects of CSI failure, cascading disruptive phenomena, chilling effects in various fields, CSI protection, deliberate threats to space systems (e.g., electromagnetic pulse attacks), space governance, and a path forward for CSI research. Modern society is highly dependent on the continuous operation of critical infrastructure systems for the supply of crucial goods and services including, among others, the power supply, drinking water supply, and transportation systems; yet space systems - which are critical enablers for several commercial, scientific and military applications - are rarely discussed. This book addresses this gap.
International organizations become more and more important in the process of globalization. In recent years, the number and scope of measures taken by the UN has increased accordingly but also the legitimacy concerns related to these measures. The question of how to control and legitimize the activities of the UN is thus ever more pressing. While recent works on the rule of law in international law prove the timeliness of the topic, these questions concerning the UN have never before been addressed in a scholarly work in a comprehensive manner. This volume serves this purpose.
With the rising relevance of international organizations in international affairs, and the general turn to litigation to settle disputes, international institutional law issues have increasingly become the subject of litigation, before both international and domestic courts. The judicial treatment of this field of international law is addressed in Judicial Decisions on the Law of International Organizations through commentary on excerpts of the most prominent international and domestic judicial decisions that are relevant to the law of international organizations, providing in-depth analysis of judicial decisions. The commentaries written and edited by leading experts in the field of international institutional law, they are opinionated and critically engage with the decision in question, with commentators' and stakeholders' reactions thereto, and with later decisions, codifications, and reports.
When you buy a home, should that also mean you have to inform the whole world where you live, how much you paid for it, and whether you financed the purchase with a mortgage loan? In essence, the Netherlands and England & Wales answer this question in the affirmative. The only thing that stands in the way of anyone accessing this information in the land registry is the payment of a small fee. In Germany, on the other hand, access to this personal data is restricted to the person who can show a legitimate interest in the information. This study examines the principle of publicity of property rights and how it has developed in light of technological advances made in information collection, processing, and dissemination. How does this publicity principle and its practical application in land registries hold up against the fundamental rights to privacy and data protection? As such, the study may be of interest to legislators, conveyancing professionals, as well as other researchers.
The majority of European early modern empires - the Spanish, French, Dutch and English/British - are best characterised as developing practices of jurisdictional accumulation. These practices are distinguished by the three categories of extensions, transports, and transplants of authority, and this book is mostly concerned with various diplomatic and colonial agents which enabled the transports and transplants of their sovereign's authority. Through historical analyses of ambassadors and consuls in the Mediterranean based on primary and secondary material, and on the empires' Atlantic imperial expansions and conquests, the book makes two major analytical contributions. It firstly develops jurisdictional accumulation as a conceptual innovation, based, secondly, on an interdisciplinary mix of methodological angles. These intertwined contributions enable us to go beyond common binaries in both conventional and critical histories of international relations and international law through the use of a Political Marxist framework and its concept of social property relations.
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en America Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
At the start of the twenty-first century the story of Africa's engagement with international law was one of marked commitment and meaningful contributions. Africa pioneered new areas of law and legal remedies, such as international criminal law and universal jurisdiction, and gave human rights jurisdiction to a number of new international courts. However, in recent years, African states have mobilised politically and collectively against the regional courts and the International Criminal Court, contesting these institutions' authority and legitimacy at national, regional and international levels. Africa and the Backlash Against International Courts provides the first comprehensive account of this important phenomenon, bringing together original fieldwork, empirical analysis and a critical overview of the diverse scholarship on both international and African regional courts. Moving beyond conventional explanations, Brett and Gissel use this remarkable research to show how the actions of African states should instead be seen as part of a growing desire for a more equal global order; a trend that not only has huge implications for Africa's international relations, but that could potentially change the entire practice of international law.
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