Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book's theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.

Chapters How Human Rights Cross-Pollinate and Take Root: Local Governments & Refugees in Turkey by Elif Durmus and Human Rights Localisation and Individual Agency: From 'Hobby of the Few' to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and Elif Durmus are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com This book seeks to explore, from a multidisciplinary perspective, whether human rights are, in fact, a myth or a lived reality. Over the years much has been said about their effectiveness or, rather, their ineffectiveness. This perceived ineffectiveness relates not only to institutional challenges at the international level, but also to national implementation mechanisms and processes. In addition, questions have arisen as to whether individuals or groups of individuals actually benefit from the normative guarantees contained in human rights law and whether human rights as legal constructs can be effectively translated into better outcomes. This volume can be distinguished from the existing literature by virtue of the fact that it not only brings together scholars at different stages of their careers, but also that it incorporates contributions that adopt different methodological perspectives and cover a variety of topics. The book should prove of great benefit to human rights researchers, human rights practitioners, NGOs and students. Claire Boost is a PhD Candidate at the Department of Criminal Law and Criminology, Maastricht University. Andrea Broderick is an Assistant Professor at the Department of International and European Law, Maastricht University. Fons Coomans is a Professor at the UNESCO Chair in Human Rights and Peace, Department of International and European Law, Maastricht University. Roland Moerland is an Assistant Professor at the Department of Criminal Law and Criminology, Maastricht University.

Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.

This book explores the delicate interconnections between law and economics, especially as regards island entitlements under international maritime law. This is an area in the literature generally overlooked because maritime law has been the domain of legal experts. Maritime boundary disputes are over resources, a vitally important economic subject. Yet, the economics of maritime law has been ignored. Lawyers and legal experts have dominated the field, to the alarming degree of causing needless international conflicts. Our monograph addresses this serious neglect. The methodology would be rational behavior model, one specifically formulated to make the case that dialog and negotiation between these countries is the rational choice leading to win-win outcome in the Aegean and Eastern Mediterranean territorial waters. Public and private sector actors identified as key decision-makers in all phases of hydrocarbon development and monetization, within an overall win-win framework.

The Arctic has, for some forty years, been among the most innovative policy environments in the world. The region has developed impressive systems for intra-regional cooperation, responded to the challenges of the rapid environmental change, empowered and engaged with Indigenous peoples, and dealt with the multiple challenges of natural resource development. The Palgrave Handbook on Arctic Policy and Politics has drawn on scholars from many countries and academic disciplines to focus on the central theme of Arctic policy innovation. The portrait that emerges from these chapters is of a complex, fluid policy environment, shaped by internal, national and global dynamics and by a wide range of political, legal, economic, and social transitions. The Arctic is a complex place from a political perspective and is on the verge of becoming even more so. Effective, proactive and forward-looking policy innovation will be required if the Far North is to be able to address its challenges and capitalize on its opportunities.

This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook's perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations. Contributors: S. Battini, E. Benvenisti, F. Bignami, F. Cafaggi, L. Casini, S. Cassese, E. Chiti, P. Craig, E. D'Alterio, P. Dann, E. Dunlop, R.F.U. Hernandez, R. Howse, M. Infantino, M. Macchia, M.R. Madsen, B. Marchetti, C. Moellers, E. Morlino, M. Savino, R.B. Stewart, A. Vauchez, G. Vesperini, S. Villalpando, J. Wouters

This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of politics. It further examines the impact of artificial intelligence (AI) on the nexus between politics, economics, and law. The book raises and answers several important questions: What is the role of AI in politics? Are people prepared for the challenges presented by technical developments? How will Al affect future politics and human society? How can politics and law deal with Al's disruptive technologies? What impact will AI and technology have on law? How can efficient cooperation between human beings and AI be shaped? Can artificial intelligence automate public decision-making? Topics discussed in the book include, but are not limited to digital governance, public administration, digital economy, corruption, democracy and voting, legal singularity, separation of power, constitutional rights, GDPR in politics, AI personhood, digital politics, cyberspace sovereignty, cyberspace transactions, and human rights. This book is a must-read for scholars and students of political science, law, and economics, as well as policy-makers and practitioners, interested in a better understanding of political, legal, and economic aspects and issues of AI.

Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

The Covid 19 pandemic has revealed the need to verify the existing principles of functioning of public authorities, in relation to various decision-making processes, both at the conceptual level and at law implementation. The action of the legislator and public administration towards the society and the economy is conducted using peculiar instruments to control the public administration system. These instruments are likely to be of a public or private law nature. This book takes a comparative approach to examine the issues related to digital transformation in the times of a pandemic regarding the use of public-law instruments in Poland and the wider European context. In particular, the research aims to identify what stage the development of digital solutions in the state's organization and its authorities has reached, including the organization of public administration; what the has pandemic changed. Exploring the concepts of digital transformation, pandemic and public-law instruments, it provides an analysis of European and national public-law instruments using digital solutions, security and cybersecurity during a pandemic, and concrete issues such as public administration, health protection and social security, economic activity and the system of public finances, and education during the pandemic is performed. Establishing whether particular solutions are durable and to what extent they create a certain standard of response to a threat, it makes recommendations for determining which of the existing solutions is useful for the functioning of the state and its organs and facilitates the performance of their tasks.

Human Choice in International Law is an exploration of human choice in international legal and political decision making. This book investigates the neurobiology of how people choose and the history of how personal choice has affected decisions about international peace and security. It charts important decision moments in international law about genocide, intervention into armed conflict and nuclear weapons at the central institutions of the international legal order. Professor Spain Bradley analyzes the role that particular individuals, serving as international judges or Security Council representatives, play in shaping decision outcomes and then applies insights from neuroscience to assert the importance of analyzing how cognitive processes such as empathy, emotion and bias can influence such decisionmakers. Drawing upon historical accounts and personal interviews, this book reveals the beauty and struggle of human influences that shape the creation and practice of international law.

The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.

The European Union is traditionally seen as a new and partly separate legal order within the global legal system. At the same time, the EU is an important player in the global governance network. The strong and explicit link between the EU and a large number of other international organisations raises questions concerning the impact of decisions taken by those organisations and of international agreements concluded with those organisations (either by the EU itself or by its Member States) on the autonomy of the EU legal order. This book addresses the relationship between the EU and other international organisations by looking at the increasing influence of norms enacted by international organisations on the shaping of EU law.

This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz' work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.

Migration has become, since the nineties, the subject of growing international discussion and cooperation. By critically analyzing the reports produced by international organisations on migration, this book sheds light on the way these actors frame migration and develop their recommendations on how it should be governed.

This open access book focuses on the impact of Artificial Intelligence (AI) on individuals and society from a legal perspective, providing a comprehensive risk-based methodological framework to address it. Building on the limitations of data protection in dealing with the challenges of AI, the author proposes an integrated approach to risk assessment that focuses on human rights and encompasses contextual social and ethical values. The core of the analysis concerns the assessment methodology and the role of experts in steering the design of AI products and services by business and public bodies in the direction of human rights and societal values. Taking into account the ongoing debate on AI regulation, the proposed assessment model also bridges the gap between risk-based provisions and their real-world implementation. The central focus of the book on human rights and societal values in AI and the proposed solutions will make it of interest to legal scholars, AI developers and providers, policy makers and regulators. Alessandro Mantelero is Associate Professor of Private Law and Law & Technology in the Department of Management and Production Engineering at the Politecnico di Torino in Turin, Italy.

This book offers a general framework for a better understanding of the differences and similarities between the institutional rules of intergovernmental organizations that include parliamentary elements, and analyzes the role of various types of international parliamentary assemblies in the system of global governance, as well as insights into the process known as "parliamentarization of international organizations." Firstly, it presents a case study of various types of international parliamentary assemblies, which is then used to analyze the law of particular international organizations that include parliamentary assemblies or relate to them. Secondly, the book compares two parliamentary assemblies of international organizations - the Parliamentary Assembly of the Organization for Security and Co-operation in Europe (OSCE PA) and the Parliamentary Assembly of the Council of Europe (PACE) - in terms of structure, powers, and relations with their IGOs. It also investigates the activities of assemblies and their cooperations for the purpose to explore the positive effects of the work of international parliamentary assemblies and their potential for having an impact at the national level. Lastly, the book analyzes the tangible and desirable powers of international assemblies by comparing examples of existing international parliamentary assemblies with the UN Parliamentary Assembly project. Based on that, the author compiles a list of essential requirements and principles for effective international parliamentary assemblies.

International Law as a Belief System considers how we construct international legal discourses and the self-referentiality at the centre of all legal arguments about international law. It explores how the fundamental doctrines (such as sources, responsibility, statehood, personality, interpretation and jus cogens) constrain legal reasoning by inventing their own origin and dictating the nature of their functioning. In this innovative work, d'Aspremont argues that these processes constitute the mark of a belief system. This book invites international lawyers to temporarily suspend some of their understandings about the fundamental doctrines they adhere to in their professional activities. It aims to provide readers with new tools to reinvent the thinking about international law and combines theory and practice to offer insights that are valuable for both theorists and practitioners.

This book examines the delimited maritime boundaries of Indonesia with its neighbours. It features carefully drawn maps based on the geographical coordinates of the defined maritime boundaries; the reproduction of a complete set of the primary documents with direct relation to the boundaries; and a comprehensive narrative on the geography and the historical development of the archipelagic State. Indonesia has an immense maritime domain that encompasses much of the sea between Australia and the Asian mainland. In addition, Indonesia is itself made up largely of water: in excess of 17,000 islands, Indonesia's archipelagic and territorial waters together form about three-fifths of the country's sovereign territory. This book offers readers clear, accessible information on the maritime boundaries of the world's largest archipelagic state.

This newly revised and updated second edition of the Research Handbook on International Law and Terrorism provides a comprehensive overview of international counter-terrorism law and practice from the perspectives of human rights, the law of armed conflict, the law on use of force, and international criminal law. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field. Major controversies in the global legal response to terrorism are examined, including up-to-date analyses of the war on terror, drone strikes and targeted killings, torture and rendition, indefinite detention, military trials, and UN Security Council measures and sanctions. New topics for this edition are assessed, focusing on foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism. Exploring developments from before and after the terrorist attacks of 9/11, the Research Handbook also includes new analysis of contemporary threats such as Islamic State, and discusses the law of regional organizations and selected national practice. International law scholars and practitioners, as well as government and United Nations legal advisers, will find this an invaluable reference on a complex area of legal inquiry. It will also prove a critical read for academics and students in international relations, terrorism studies, security studies, war studies, and human rights.

This Research Handbook is quite timely in its broad coverage of most, if not all, main aspects of SWFs, which have become such important players in the international investment arena. Thanks to the contribution of specialists with a diverse background in law, taxation, international economics, relations and governance, this book offers a comprehensive picture of their structure, functions, governance and practices. The analysis includes the impact that SWFs have both in individual host states where they invest and as agents of development in the global economy.' - Giorgio Sacerdoti, Bocconi University, ItalyResearch into the role of sovereign investments in a time of crisis is still unsatisfactory. This timely Research Handbook investigates the juridical foundation of sovereign wealth funds and investments and extends our frontier of understanding in this important area. Current research surrounding sovereign wealth funds is focused on investment flows and trends that are grounded in economics, neglecting to consider the role of law and governance in the investigation. From a legal perspective, the Handbook narrates a 'passive' side of sovereign wealth funds and state owned companies, exploring how and to what extent the legal constraints imposed by host States act as barriers to investments. Additionally, the active side is also discussed and the influence of ethical principles, treaty re-negotiations and sovereign immunity practices on state investments considered. A comprehensive reference on a complex area of research, the Handbook will be a valuable addition to the library of scholars and students interested in investment law, central banks, international economics and governance. Contributors: G. Adinolfi, F. Bassan, M. Castelli, L. Cata Backer, A. De Luca, S. Ghahramani, K. Gordon, L. Hsu, A.Lee, F. Munari, J. Pohl, B.J. Richardson, P. Rose, F. Scacciavillani, M. Vellano, A. Viterbo, T. Weiler, E. Whitsitt

This book aims to identify what components are needed for economic diplomacy in today's rapidly changing world, looking at the nature, focus and tenets of economic diplomacy, and the differences between economic diplomacy and commercial diplomacy. Further, it considers the new kind of diplomacy that will be required for emerging markets, in contrast to maintaining the traditional techniques used for economic diplomacy between states. The author emphasises the negotiating techniques necessary for successfully engaging in economic diplomacy in the current diplomatic atmosphere. Importantly, it also discusses how to pursue economic diplomacy at international fora and with regard to private foreign investments. Lastly, it addresses the role of non-governmental organisations in economic diplomacy. Given its scope, the book will benefit not only practicing diplomats, but also graduate students.

This book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.

This book addresses current practices in customary law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary law on various aspects of private law, constitutional law, business law, international law and criminal law. In addition, the book expands the traditional concept of the rule of law, and argues that lawyers should not narrowly focus on statutory law, but should instead pay more attention to the impact of practices on "real legal life." It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems - the idea being not to replace statutory law, but to complement it with customary observations.