The rise of Euroscepticism and populist backlash pose a dramatic challenge to the EU and highlight the EU's growing legal powers over core areas of state sovereignty. Authored by leading academics and policymakers, this book provides a comprehensive and cutting-edge analysis of the fields of EU law at the heart of contemporary political debates - economic policy, human migration, internal security, and constitutional fundamentals at the national level. Following the specialist contributions, the conclusion draws out critical, cross-cutting lessons for improving legitimacy and advancing the rule of law, rights and democracy in sovereignty-sensitive areas of EU law. Accessible to students, this volume is an invaluable resource for researchers and scholars of EU law and politics.

The Jewish leftist lawyer Ernst Fraenkel was one of twentieth-century Germany's great intellectuals. During the Weimar Republic he was a shrewd constitutional theorist for the Social Democrats and in post-World War II Germany a respected political scientist who worked to secure West Germany's new democracy. This book homes in on the most dramatic years of Fraenkel's life, when he worked within Nazi Germany actively resisting the regime, both publicly and secretly. As a lawyer, he represented political defendants in court. As a dissident, he worked in the underground. As an intellectual, he wrote his most famous work, The Dual State - a classic account of Nazi law and politics. This first detailed account of Fraenkel's career in Nazi Germany opens up a new view on anti-Nazi resistance - its nature, possibilities, and limits. With grit, daring and imagination, Fraenkel fought for freedom against an increasingly repressive regime.

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.

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.

Scandinavian countries are routinely considered exceptional for their commitment to development cooperation, peace mediation, and humanitarian action. This book highlights how the political culture of Scandinavia is indeed characterized by the idea of doing good on the world stage, but then shows how this 'Scandinavian humanitarian brand' is an asset that policymakers and others can capitalize on to legitimize policy interventions and ideas, or to advance commercial, diplomatic, and security interests. Providing case studies from all Scandinavian countries, this book shows how the brand is made, reinforced, and used in a variety of policy contexts, from foreign aid and humanitarian assistance; to military operations, peace-building, and mediation; to migration policy, global health, and international cooperation. A key objective of the book is to explain why the Scandinavian humanitarian brand retains such apparent resilience in a time when Scandinavia's characteristic approach to world affairs seems challenged from many sides at once. This title is also available as Open Access on Cambridge Core.

State legislatures are tasked with drawing state and federal districts and administering election law, among many other responsibilities. Yet state legislatures are themselves gerrymandered. This book examines how, why, and with what consequences, drawing on an original dataset of ninety-five state legislative maps from before and after 2011 redistricting. Identifying the institutional, political, and geographic determinants of gerrymandering, the authors find that Republican gerrymandering increased dramatically after the 2011 redistricting and bias was most extreme in states with racial segregation where Republicans drew the maps. This bias has had long-term consequences. For instance, states with the most extreme Republican gerrymandering were more likely to pass laws that restricted voting rights and undermined public health, and they were less likely to respond to COVID-19. The authors examine the implications for American democracy and for the balance of power between federal and state government; they also offer empirically grounded recommendations for reform.

This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.

State legislatures are tasked with drawing state and federal districts and administering election law, among many other responsibilities. Yet state legislatures are themselves gerrymandered. This book examines how, why, and with what consequences, drawing on an original dataset of ninety-five state legislative maps from before and after 2011 redistricting. Identifying the institutional, political, and geographic determinants of gerrymandering, the authors find that Republican gerrymandering increased dramatically after the 2011 redistricting and bias was most extreme in states with racial segregation where Republicans drew the maps. This bias has had long-term consequences. For instance, states with the most extreme Republican gerrymandering were more likely to pass laws that restricted voting rights and undermined public health, and they were less likely to respond to COVID-19. The authors examine the implications for American democracy and for the balance of power between federal and state government; they also offer empirically grounded recommendations for reform.

The history of international adjudication is all too often presented as a triumphalist narrative of normative and institutional progress that casts aside its uncomfortable memories, its darker legacies and its historical failures. In this narrative, the bulk of 'trials' and 'errors' is left in the dark, confined to oblivion or left for erudition to recall as a curiosity. Written by an interdisciplinary group of lawyers, historians and social scientists, this volume relies on the rich and largely unexplored archive of institutional and legal experimentation since the late nineteenth century to shed new light on the history of international adjudication. It combines contextual accounts of failed, or aborted, as well as of 'successful' experiments to clarify our understanding of the past and present of international adjudication.

The story of how the UK Parliament came to use the Internet from the 1960s onwards has never been told. Electrified Democracy places the impact of technology on parliamentary workings in its longer term historical context. The author identifies repeating patterns of perception and analysis, and cultural tendencies in the perception of inventions dating back over centuries that have reasserted themselves in connection with the parliamentary response to networked computers. He uncovers evidence and makes new connections, while situating all this within the wider global debates on connections between communication and democracy in the age of the Internet, constitutional law and history, and 'law and technology'. This book will be of interest to a wide readership including policy makers, researchers, and all those interested in contemporary controversies about the role of the Internet in modern societies.

Scholars of international relations generally consider that under conditions of violent conflict and war, smuggling and trans-border crime are likely to thrive. In contrast, this book argues that in fact it is globalisation and peaceful borders that have enabled transnational illicit flows conducted by violent non-state actors, including transnational criminal organizations, drug trafficking organizations, and terrorist cells, who exploit the looseness and demilitarization of borderlands. Empirically, the book draws on case studies from the Americas, compared with other regions of the world experiencing similar phenomena, including the European Union and Southeast Europe (the Western Balkans), Southern Africa, and Southeast Asia. To explain the phenomenon in itself, the authors examine the type of peaceful borders and regimes involved in each case; how strong each country is in the governance of their borderlands; their political willingness to control their peaceful borders; and the prevailing socio-economic conditions across the borderlands.

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.

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.

Swiss-born Emer de Vattel (1714-1767) was one of the last eminent thinkers of natural law. He shaped the later part of early-modern natural jurisprudence. At the time, the subject had become a fashionable academic sub-discipline in both jurisprudence and philosophy. Vattel's considerable impact on statesmen, political thinkers, diplomats and lawyers during his lifetime and after rested primarily on the fact that his The Law of Nations (1758) transformed natural law into the basis of a more comprehensive and practicable theory of interstate relations. His ideas served to promote reform programmes whose comprehensive natures spanned the domains of economic reform, constitutionalism and international diplomacy and foreign trade policy. Vattel's conception centred round the principle that defined all sovereign states as nations composed of societies of free men and profoundly influenced legal and political debates in the eighteenth and nineteenth centuries.

The ideological function of the postcolonial 'national', 'liberal', and 'developmental' state inflicts various forms of marginalisation on minorities, but simultaneously justifies oppression in the name of national unity, equality and non-discrimination, and economic development. International law plays a central role in the ideological making of the postcolonial state in relation to postcolonial boundaries, the liberal-individualist architecture of rights, and the neoliberal economic vision of development. In this process, international law subjugates minority interests and in turn aggravates the problem of ethno-nationalism. Analysing the geneses of ethno-nationalism in postcolonial states, Mohammad Shahabuddin substantiates these arguments with in-depth case studies on the Rohingya and the hill people of the Chittagong Hill Tracts, against the historical backdrop of the minority question in Indian nationalist and constitutional discourse. Shahabuddin also proposes alternative international law frameworks for minorities.

Foreign relations law and public international law are two closely related academic fields that tend to speak past each other. As this innovative volume shows, the two are closely interrelated and depend on each other for their mutual construction and identity. A better understanding of this relationship is of vital importance for upholding important constitutional values like democracy, the rule of law and the protection of human rights, while enabling states to engage in meaningful forms of international cooperation. The book takes a close look at the encounters between the two fields and offers perspectives for a constructive engagement between the two. Collectively, the contributions argue that the delimitation between the two fields occurs in a hybrid zone of interaction which requires both bridges and boundaries: bridges for the construction of the relationship between the two fields, and boundaries for preserving key normative expectations of both domestic and international law. This title is also available as Open Access on Cambridge Core.

This cross-disciplinary collaboration offers historical and contemporary scholarship exploring the interface of Christianity and international law. Christianity and International Law aims to understand and move past arguments, narratives and tropes that commonly frame law-religion studies in global governance. Readers are introduced to a range of confessional and critical perspectives explicitly engaging a diverse range of methodological and theoretical orientations to rethink how we experience and find ourselves caught within the phenomena of Christianity and international law.

This cross-disciplinary collaboration offers historical and contemporary scholarship exploring the interface of Christianity and international law. Christianity and International Law aims to understand and move past arguments, narratives and tropes that commonly frame law-religion studies in global governance. Readers are introduced to a range of confessional and critical perspectives explicitly engaging a diverse range of methodological and theoretical orientations to rethink how we experience and find ourselves caught within the phenomena of Christianity and international law.

This book offers an innovative interdisciplinary approach that elucidates the importance of virtue ethics to help better understand the role of leadership in international organisations. The authors use a combination of theoretical and conceptual narratives as well as case studies to highlight both the advantages and weaknesses that the angle of virtue ethics offers. A particularly important step in times of uncertainty or crisis when the demand for leadership becomes more urgent yet more daunting. In this sense, this volume oscillates between critique and hope, since it provides a plausible, rather than a purely abstract, approach to the conceptualization and concretization of ethical leadership.

The Treaty on the Prohibition of Nuclear Weapons (2017) sets out to challenge deterrence policies and military defence doctrines, taking a humanitarian approach intended to disrupt the nuclear status quo. States with nuclear weapons oppose its very existence, neither participating in its development nor adopting its final text. Civil society groups seem determined, however, to stigmatize and delegitimize nuclear weapons towards their abolition. This book analyzes how the Treaty influences the international security architecture, examining legal, institutional and diplomatic implications of the Treaty and exploring its real and potential impact for both states acceding to the Treaty and those opposing it. It concludes with practical recommendations for international lawyers and policymakers regarding non-proliferation and disarmament matters, ultimately noting that nuclear weapons threaten peace, and everyone should have the right to nuclear peace and freedom from nuclear fear.

American engagement with international law has long been framed by commitment to the 'international rule of law', which persists even across divergent political and historical eras. Yet, despite appeals to legal ideals, American international law policy is consistently criticised as fraught with contradiction and distorted by beliefs in 'exceptionalism'. These contested claims of fidelity to law are the subject of this book: what does the 'international rule of law' mean for American legal policymakers even as they advocate competing commitments to international legal order? Answers are found in extensive evidence that American policymakers receive international law through established foreign policy ideologies, which correspond with divisions in both legal scholarship and diplomatic history. Using the case of the International Criminal Court, the book demonstrates that the very meaning of the international rule of law is structured by competing ideological beliefs; between American policymakers and global counterparts, and among American policymakers themselves.

Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.

Marketing Global Justice is a critical study of efforts to 'sell' global justice. The book offers a new reading of the rise of international criminal law as the dominant institutional expression of global justice, linking it to the rise of branding. The political economy analysis employed highlights that a global elite benefit from marketised global justice whilst those who tend to be the 'faces' of global injustice - particularly victims of conflict - are instrumentalised and ultimately commodified. The book is an invitation to critically consider the predominance of market values in global justice, suggesting an 'occupying' of global justice as an avenue for drawing out social values.

Many of Carl Schmitt's major works have by now been translated, with two notable exceptions: Schmitt's two early monographs Statute and Judgment (first published in 1912) and The Value of the State and the Significance of the Individual (first published in 1914). In these two works Schmitt presents a theory of adjudication as well as an account of the state's role in the realization of the rule of law, which together form the theoretical basis on which Schmitt later developed his political and constitutional theory. This new book makes these two key texts available in English translation for the first time, together with an introduction that relates the texts to their historical context, to Schmitt's other works, and to contemporary discussions in legal and constitutional theory.

The Judge, the Judiciary and the Court is aimed at anyone interested in the Australian judiciary today. It examines the impact of the individual on the judicial role, while exploring the collegiate environment in which judges must operate. This professional community can provide support but may also present its own challenges within the context of a particular court's relational dynamic and culture. The judge and the judiciary form the 'court', an institution grounded in a set of constitutional values that will influence how judges and the judiciary perform their functions. This collection brings together analysis of the judicial role that highlights these unique aspects, particularly in the Australian setting. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote the institutional values of the court.