In this ambitious study, Anna K. Boucher and Justin Gest present a unique analysis of immigration governance across thirty countries. Relying on a database of immigration demographics in the world's most important destinations, they present a novel taxonomy and an analysis of what drives different approaches to immigration policy over space and time. In an era defined by inequality, populism, and fears of international terrorism, they find that governments are converging toward a 'Market Model' that seeks immigrants for short-term labor with fewer outlets to citizenship - an approach that resembles the increasingly contingent nature of labor markets worldwide.

Scholars have long argued that transparency makes international rule violations more visible and improves outcomes. Secrets in Global Governance revises this claim to show how equipping international organizations (IOs) with secrecy can be a critical tool for eliciting sensitive information and increasing cooperation. States are often deterred from disclosing information about violations of international rules by concerns of revealing commercially sensitive economic information or the sources and methods used to collect intelligence. IOs equipped with effective confidentiality systems can analyze and act on sensitive information while preventing its wide release. Carnegie and Carson use statistical analyses of new data, elite interviews, and archival research to test this argument in domains across international relations, including nuclear proliferation, international trade, justice for war crimes, and foreign direct investment. Secrets in Global Governance brings a groundbreaking new perspective to the literature of international relations.

This book is at the center of the UN goals of combining environment and economic development with new technologies.First, sustainability in mining is defined as a process of transformation. This is followed by an outlook on the aspects of safety, economy, environmental impact and digital transformation. The book includes a discussion of new aspects such as the problem of liability for mining damages regarding climate change in Peru. Specific technical issues in smart mining are covered as well, such as underground localization systems based on ultra-wide band radio and inertial navigation, or the use of thermal imaging for roof crack detection. In addition, the characterization of material flows, subsurface hydrogen-storage systems and the prediction of mining induced subsidence and uplift are dealt with.The Sustainable Smart Mining and Energy Yearbook is not only aimed at researchers professionals, but at all who want to get an overview of the important technical and legal topics in this field.

The European Union is rarely out of the news and, as it deals with the consequences of the Brexit vote and struggles to emerge from the eurozone crisis, it faces difficult questions about its future. In this debate, the law has a central role to play, whether the issue be the governance of the eurozone, the internal market, 'clawing back powers from Europe' or reducing so-called 'Brussels red tape'. In this Very Short Introduction Anthony Arnull looks at the laws and legal system of the European Union, including EU courts, and discusses the range of issues that the European Union has been given the power to regulate, such as the free movement of goods and people. He considers why an organisation based on international treaties has proved capable of having far-reaching effects on both its Member States and on countries that lie beyond its borders, and discusses how its law and legal system have proved remarkably effective in ensuring that Member States respect the commitments they made when they signed the Treaties. Answering some of the key questions surrounding EU law, such as what exactly it is about, and how it has become part of the legal DNA of its Member States so much more effectively than other treaty-based regimes, Arnull considers the future for the European Union. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

This book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time.

With Britain leaving the EU, now is the time for an obituary for the EU as an institution. In this short, rigorously argued book, updated after Brexit, John R. Gillingham tells the history of an idea that has soured and withered away. He reveals the failures from its postwar origins to set out what the EU was; the role that Delors played in creating the neoliberal monster it is today, and the contemporary - crises; refugees, Brexit, the Euro - that the current institution fails to deal with.

Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners. With its exploration of alternatives to proportionality and particular cases where issues of proportionality have arisen, this text is highly relevant in legal climates worldwide.

Starting as a civil uprising calling for liberal reforms in March 2011, the unrest in Syria rapidly deteriorated into a proxy-led armed conflict involving multiple state-sponsored and non-state actors, including foreign militias and local armed groups. The current state of affairs in Syria, and the uncertainty regarding its future, raise numerous questions for scholars and practitioners of both international law and politics about justice within the context of a changing political reality in Syria. This book contributes uniquely to the scholarship on the Syrian war, raising voices from the Middle East and beyond not often heard within this research context. The volume is divided into three sections: Part I sets the factual and legal framework for the Syrian conflict; Part II focuses on the implications of the conflict for the Syrian neighbourhood; and Part III analyses possible post-conflict scenarios. Together, they address the key themes and questions of the conflicts.

The Politics of Justice in European Private Law intends to highlight the differences between the Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe's justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.

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 156 reports on, amongst others, the 2012 Provisional Measures Order of the International Tribunal for the Law of the Sea in The ARA Libertad (Argentina v. Ghana) together with the 2013 judgment of the Supreme Court of Ghana on the immunity of warships, the 2013 judgment of the European Court of Human Rights in Vinter and Others v. United Kingdom, and the 2011 and 2012 judgments of the English High Court in Mutua and Others v. Foreign and Commonwealth Office.

From pirates to smugglers, migrants to hackers, from stolen fish to smuggled drugs, the sea is becoming a place of increasing importance on the global agenda as criminals use it as a theatre to conduct their crimes unfettered. This volume sets out to provide an introduction to the key issues of pertinence in Maritime Security today. It demonstrates why the sea is a space of great strategic importance, and how threats to security at sea have a real impact for people around the world. It examines an array of challenges and threats to security playing out at sea, including illegal, unreported and unregulated fishing, irregular migration, piracy, smuggling of illicit goods, and cyber security, while also looking at some of the mechanism and role-players involved in addressing these perils. Each chapter provides an overview of the issue it discusses and provides a brief case study to illustrate how this issue is playing out in real-life. This book thus allows readers an insight into this evolving multidisciplinary field of study. As such, it makes for an informative read for academics and practitioners alike, as well as policymakers and students, offering a well-rounded introduction of the main issues in current Maritime Security.

This volume offers new practical and theoretical perspectives on one of the most complex questions regarding the formation of international law, namely that actors other than states contribute to the making of customary international law. Notwithstanding the International Law Commission's valuable contribution, the making of customary international law remains riddled with acute practical and theoretical controversies that continue to be intensively debated. Making extensive reference to the case-law of international law courts and tribunals, as well as the most recent scholarly work on customary international law, this volume provides a comprehensive study of the contribution of international organisations and non-state actors to the formation of customary international law. With innovative tools and guidance for law students, legal scholars, and researchers in law, as well as legal practitioners, advisers, judges, arbitrators, and counsels, this collection is essential reading for those wishing to understand and address contemporary questions of international law-making. -- .

This book produces convincing evidence that exploiting the potential of space could help solve many environmental and social issues affecting our planet, such as pollution, overcrowding, resource depletion and conflicts, economic inequality, social unrest, economic instability and unemployment. It also touches on the legal problems that will be encountered with the implementation of the new technologies and new laws that will need to be enacted and new organizations that will need to be formed to deal with these changes. This proposition for a space economy is not science fiction, but well within the remit of current or under development technologies. Numerous technologies are described and put together to form a coherent and feasible road map that, if implemented, could lead humankind towards a brighter future.

The spread of violent extremism, 9/11, the rise of ISIL and movement of 'foreign terrorist fighters' are dramatically expanding the powers of the UN Security Council to govern risky cross-border flows and threats by non-state actors. New security measures and data infrastructures are being built that threaten to erode human rights and transform the world order in far-reaching ways. The Law of the List is an interdisciplinary study of global security law in motion. It follows the ISIL and Al-Qaida sanctions list, created by the UN Security Council to counter global terrorism, to different sites around the world mapping its effects as an assemblage. Drawing on interviews with Council officials, diplomats, security experts, judges, secret diplomatic cables and the author's experiences as a lawyer representing listed people, The Law of the List shows how governing through the list is reconfiguring global security, international law and the powers of international organisations.

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 161 reports on, amongst others, the 2014 Opinion 2/13 of the Court of Justice of the European Union concerning the Accession of the European Union to the European Convention on Human Rights, the 2008 Order and 2011 Judgment of the International Court of Justice in the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) and related cases before the European Court of Human Rights, and the 2014 judgment of European Court of Human Rights in Hassan v. United Kingdom.

Writing Constitutions intends to serve as a practical manual for those writing constitutions or interested in their design. It is the first systematic and universal approach to coherently capture concepts and contents of a modern constitution. Volume I breaks each constitutional mechanism into components and offers detailed designs to draft a constitutional clause. This provides lawmakers with the necessary toolkit for writing constitutions and empowers them to strengthen democracies. Writing Constitutions comes in three volumes: - Volume I: Institutions - Volume II: Fundamental Rights - Volume III: Constitutional Principles

The question of what constitutes norms for global justice is of considerable concern for all those interested in world peace and cooperation. In order to define these global norms, Jean-Marc Coicaud, while working at the United Nations University, initiated a project centered around conversations with leading theorists and policy practitioners in global affairs. Conversations on Justice from National, International, and Global Perspectives features world-class authors and activists, from around the world, and from a variety of disciplines, to discuss the central questions of justice at the national, international, and global levels. Made up of a compilation of dialogues, this volume's unique format makes it highly accessible and even fun to read. The insights and observations of these leading intellectuals and scholars provide a rich contribution to theories on how global justice might become a reality.

Since unification, the Federal Republic of Germany has made vaunted efforts to make amends for the crimes of the Third Reich. Yet it remains the case that the demands for restitution by many countries that were occupied during the Second World War are unresolved, and recent demands from Greece and Poland have only reignited old debates. This book reconstructs the German occupation of Poland and Greece and gives a thorough accounting of these debates. Working from the perspective of international law, it deepens the scholarly discourse around the issue, clarifying the 'never-ending story' of German reparations policy and making a principled call for further action. A compilation of primary sources comprising 125 annotated key texts (512 pages) on the complexity of reparations discussions covering the period between 1941 and the end of 2017 is available for free on the Berghahn Books website, doi: 10.3167/9781800732575.dd.

Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia's decades-long armed conflict. Yet, will this approach suffice with regard to Colombia's obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?

The International Law Commission was established in 1947 with a view to carrying out the responsibility of the General Assembly, under article 13(1)(a) of the Charter of the United Nations, to ""initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification."" Since its first session in 1949, the Commission has considered a wide-range of topics of international law and made a number of proposals for its codification and progressive development, some of which have served as the basis for the subsequent adoption of major multilateral treaties. The Yearbook of the International Law Commission contains the official records of the Commission and is an indispensable tool for the preservation of the legislative history of the documents emanating from the Commission, as well as for the teaching, study, dissemination and wider appreciation of the efforts undertaken by the Commission in the progressive development of international law and its codification. Volume II (Part One) reproduces the edited versions of the official documents considered by the Commission at the respective annual session.

Courts, Regulators, and the Scrutiny of Economic Evidence presents the first systematic examination of economic regulation and the crucial role of economic evidence in regulatory authorities and courts. This book brings together strands of scholarship from law, economics, and political science to explore two key themes: the influence of economic evidence on the discretionary assessments of economic regulators, and the limits of judicial review of economic evidence, supplemented with comparative examination of both UK and US systems. In light of the challenges posed by economic evidence, Mantzari argues the appropriate scope of judicial review in the era of regulatory economics, and what the optimal institutional response to the pervasiveness of economic evidence in regulation should be. Building on comparative institutional analysis, this book rejects single-factor explanations, such as the individual knowledge of judges, in favour of a richer set of macro and micro-level factors that shape the relationships between courts and regulators. Mantzari argues that the 'recipe' for adjudicating economic evidence requires a balance in which a degree of epistemic diversity is introduced in courts, and deference is accorded to regulatory agencies on grounds of institutional competency. The book combines theoretical, doctrinal, comparative, and empirical analysis and it is written to be accessible to lawyers, economists, judges, regulators, policymakers, and political scientists.

The International Law Commission was established in 1947 with a view to carrying out the responsibility of the General Assembly, under article 13(1)(a) of the Charter of the United Nations, to "initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification." Since its first session in 1949, the Commission has considered a wide-range of topics of international law and made a number of proposals for its codification and progressive development, some of which have served as the basis for the subsequent adoption of major multilateral treaties. The Yearbook of the International Law Commission contains the official records of the Commission and is an indispensable tool for the preservation of the legislative history of the documents emanating from the Commission, as well as for the teaching, study, dissemination and wider appreciation of the efforts undertaken by the Commission in the progressive development of international law and its codification. Volume I reproduces the summary records of the Commission's annual sessions.

In our post-11 September world, challenges to international peace and security emanate from non-State actors as never before. Under international law States have an obligation to act with due diligence in confronting non-State actors that engage in terrorism. The author of this book examines the grounds and mechanisms through which a State can bear responsibility for breaching its due diligence obligations in this regard. He explores the question whether a comprehensive definition of terrorism exists and reviews the development of the due diligence principle during the last century. After doing so, the author examines how the due diligence principle operates in the counter-terrorism context by analysing international and regional treaties and Security Council Resolutions. Theoretical issues that arise when interpreting the due diligence principle are also studied. The author concludes by critically engaging with the question whether national security should trump human rights in the fight against terrorism. This book fills a significant gap in the literature. It is principally designed for policy makers, academics, and students of international law.

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law, as well as topics with significant interest for an Irish audience. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. This volume of the Yearbook includes contributions on international humanitarian law, including intersections with international human rights law and the law of state responsibility, the concept of due diligence in international law, and the exercise of international criminal jurisdiction with specific reference to Irish law.