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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.
On 23 June 2016, in the biggest ever vote in British history, 17.4 million people chose to leave the EU. So what does the future now hold after this momentous decision? What will life be like in Britain after we end our European marriage? Will Brexit precipitate the doom and gloom that many predict? Drawing on years of experience at the cutting edge of economic, business and policy issues, plus extensive discussions with leading politicians and diplomats across the UK, Europe and the world, Clean Brexit answers these questions - and more. Authors and economists Liam Halligan and Gerard Lyons believe great days lie ahead. Brexit is an opportunity to strike deals with the world's fastest-growing economies, boosting British trade and job prospects. Freed from the EU's regulatory stranglehold, the UK can thrive, spreading wealth throughout the whole of the country. Directly elected MPs will once again have the final say over our laws, borders, taxes and trade negotiations. Important, balanced and accessible, Clean Brexit is the ultimate guide to making a success of Britain's divorce from the EU - and a source of strength for voters elsewhere in Europe who have long demanded EU reform, but have been rebuffed.
The legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a critique of restorative justice as well as with analytical thinking that aims to push its barriers. It is hoped that the investigations offered by this volume not only offer hope for a better system for abolitionists and reformists, but also new and convincing evidence to persuade the sceptics in the debate over restorative justice.
Governments across the globe have begun evolving from lumbering bureaucracies into smaller, more agile special jurisdictions - common-interest developments, special economic zones, and proprietary cites. Private providers increasingly deliver services that political authorities formerly monopolized, inspiring greater competition and efficiency, to the satisfaction of citizens-qua-consumers. These trends suggest that new networks of special jurisdictions will soon surpass nation states in the same way that networked computers replaced mainframes. In this groundbreaking work, Tom W. Bell describes the quiet revolution transforming governments from the bottom up, inside-out, worldwide, and how it will fulfill its potential to bring more freedom, peace, and prosperity to people everywhere.
The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
The book investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States. Revisiting those codification projects while also looking into other areas, the book reflects on how techniques of legal reasoning can be - and have been - used by international institutions and the legal profession to tackle situations of uncertainty, and discusses the elusive position that international organizations occupy in the international legal system. By cutting across some foundational topics of the discipline, the book makes a substantive contribution to the literature on subjects and sources of international law.
This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union's approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States' laws, which create barriers to trade and hinder the Union's economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union's smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
Drawing on philosophy, history, and critical theory, Unconditional Life introduces a new perspective on the significance of post-war international law developments. The book examines the public discourse regarding technological risk in World War II texts of unconditional surrender, in the World Trade Organisation's EC-Biotech dispute, and in the International Court of Justices' Nuclear Weapons Advisory Opinion. The volume describes international law in terms of its management of, and relation to, the risks associated with technological innovation in war and in trade. It proposes that international law, too, is itself a kind of technology: one intended to manage the material and existential risks inherent in the creation of a new international, postcolonial, political community emerging out of the Second World War. Members of this community are imagined to possess a universal quality: humanness, which itself is underscored by a power of invention. Yoriko Otomo demonstrates how international lawyers' inability to adjudicate questions of large-scale technological risk is due to the competing and intractable claims of international law. Offering a feminist analysis of the political economy that has created this crisis of governance, the book provides a way of understanding the structural inequities that will need to be addressed if international law is to remain a relevant forum for the adjudication of war and trade into the 21st century.
In 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many nation states. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state's exclusivist claim to be law's harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today.
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.
From 1944 to 1946, as the world pivoted from the Second World War to an unsteady peace, Americans in more than two hundred cities and towns mobilized to chase an implausible dream. The newly-created United Nations needed a meeting place, a central place for global diplomacy-a Capital of the World. But what would it look like, and where would it be? Without invitation, civic boosters in every region of the United States leapt at the prospect of transforming their hometowns into the Capital of the World. The idea stirred in big cities-Chicago, San Francisco, St. Louis, New Orleans, Denver, and more. It fired imaginations in the Black Hills of South Dakota and in small towns from coast to coast. Meanwhile, within the United Nations the search for a headquarters site became a debacle that threatened to undermine the organization in its earliest days. At times it seemed the world's diplomats could agree on only one thing: under no circumstances did they want the United Nations to be based in New York. And for its part, New York worked mightily just to stay in the race it would eventually win. With a sweeping view of the United States' place in the world at the end of World War II, Capital of the World tells the dramatic, surprising, and at times comic story of hometown promoters in pursuit of an extraordinary prize and the diplomats who struggled with the balance of power at a pivotal moment in history.
Gives the reader a detailed account of how cyber-security in Switzerland has evolved over the years, using official documents and a considerable amount of inside knowledge. It focuses on key ideas, institutional arrangements, on the publication of strategy papers, and importantly, on processes leading up to these strategy documents. The peculiarities of the Swiss political system, which influence the way cyber-security can be designed and practiced in Switzerland are considered, as well as the bigger, global influences and driving factors that shaped the Swiss approach to cyber-security. It shows that throughout the years, the most important influence on the Swiss policy-approach was the international level, or rather the developments of a cyber-security policy in other states. Even though many of the basic ideas about information-sharing and public-private partnerships were influenced by (amongst others) the US approach to critical infrastructure protection, the peculiarities of the Swiss political system has led to a particular "Swiss solution", which is based on the federalist structures and subsidiary principles, characterized by stability and resilience to external shocks in the form of cyber-incidents. Cybersecurity in Switzerland will be a stimulating read for anybody interested in cyber-security policy, including students, researchers, analysts and policy makers. It contains not only specific material on an interesting case, but also a wealth of background information on different variations of cyber-security, as well as on information-sharing and public-private partnerships.
This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, the PCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices. This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules from the PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and the award. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.
The Yearbook on Space Policy is the reference publication analyzing 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 Yearbook on Space Policy is edited by the European Space Policy Institute (ESPI) based in Vienna, Austria. It combines in-house research and contributions of members of the European Space Policy Research and Academic Network (ESPRAN), coordinated by ESPI. 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.
The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.
Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 169 reports on, amongst others, the 2015 Arbitration Award on Jurisdiction and Admissibility in Philip Morris Asia Limited v. Commonwealth of Australia, the 2012 judgment of International Court of Justice in Territorial and Maritime Dispute (Nicaragua v. Colombia) and the 2014 and 2015 Canadian judgments of Supreme Court and Court of Appeal of British Columbia in United Mexican States v. British Columbia (Labour Relations Board) regarding State immunity.
What does it mean to say we live in a permanent state of emergency? What are the juridical, political and social underpinnings of that framing? Has international law played a role in producing or challenging the paradigm of normalised emergency? How should we understand the relationship between imperialism, race and emergency legal regimes? In addressing such questions, this book situates emergency doctrine in historical context. It illustrates some of the particular colonial lineages that have shaped the state of emergency, and emphasises that contemporary formations of emergency governance are often better understood not as new or exceptional, but as part of an ongoing historical constellation of racialised emergency politics. The book highlights the connections between emergency law and violence, and encourages alternative approaches to security discourse. It will appeal to scholars and students of international law, colonial history, postcolonialism and human rights, as well as policymakers and social justice advocates.
This collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize 'foreign' elements, such as norms originating in other legal systems, the movement of individuals across borders, or the application of domestic law to foreign affairs. In The Double-Facing Constitution, these instances of boundary crossing lie at the heart of an alternative understanding of constitutions as permeable membranes, through which norms can and sometimes must travel. Constitutional orders are facing both inwards and outwards - and the outside world influences their interiors just as much as their internal orders help shape their surroundings. Different essays discuss the theoretical and historical foundations of this view (grounded in Kelsen, Hobbes, Locke, Rousseau and others), and its contemporary relevance for areas as diverse as migration law, the conflict of laws, and foreign relations law.
The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court.
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 162 reports on, amongst others, the 2015 award in the Chagos Islands Arbitration (Mauritius v. United Kingdom) together with the judgments of the European Court of Human Rights in Chagos Islanders v. United Kingdom and of the English courts in Bancoult (No. 3) which also concern the Chagos islands/British Indian Ocean Territory. It also reports on the 2014 award in the Railway Land Arbitration (Malaysia/Singapore) and the United Kingdom Supreme Court decision in Pham v. Secretary of State for the Home Department.
Standards often remain unseen, yet they play a fundamental part in the organisation of contemporary capitalism and society at large. What form of power do they epitomise? Why have they become so prominent? Are they set to be as important for the globalisation of services as for manufactured goods? Graz draws on international political economy and cognate fields to present strong theoretical arguments, compelling research and surprising evidence on the role of standards in the global expansion of services, with in-depth studies of their institutional environment and cases including the insurance industry and business process outsourcing in India. The power of standards resembles a form of transnational hybrid authority, in which ambiguity should be seen as a generic attribute, defining not only the status of public and private actors involved in standardisation and regulation, but also the scope of issues concerned and the space in which such authority is recognised when complying to standards. This book is also available as Open Access.
Cases & Materials on International Law is a topical and engaging companion for study, offering broad coverage on public international law and placing disputes directly within the context of contemporary debate. The book contains the essential cases and materials that students need in order to fully understand and analyse the international legal system, drawing on a truly global range of jurisdictions and sources. Expert author commentary and notes place selected extracts within the wider legal framework and explain the complexities of the principles of law to students. The sixth edition includes expanded discussion of developing areas, including UN resolutions on climate change and international environmental law, new material from the International Law Commission, and coverage of major events, such as the annexation of Crimea, the legal context for Scottish independence and the UK's exit from the European Union, and the United Nations Security Council's Resolution on Malaysia Airlines MH17.
In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.
Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 184 is devoted to the 2018 judgment of the European Court of Human Rights in Ireland v. United Kingdom (Request for Revision of Judgment of 18 January 1978), the judgment of the European Court of Human Rights in Al Nashiri v. Poland (concerning the United States' Central Intelligence Agency rendition programme) and the judgment of the Court of Appeal of Northern Ireland in Re Application by Finucane for Judicial Review (concerning the enforceability under domestic law of the procedural obligation under Article 2 of the European Convention on Human Rights).
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