The eastward shift of political and economic power has been accompanied by increasing interest and participation in international peace support and stability missions by Asia-Pacific countries. From rising giants such as China and Indonesia to newer contributors such as Cambodia and the tiny city-state of Singapore, this book provides a first-ever cross-regional comparison of the capabilities of Asia-Pacific countries to contribute to peace support missions, with an eye to identifying strengths, weaknesses, emerging trends and policy implications.

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

This third volume of the comprehensive digest of the World Bank Administrative Tribunal's case-law deals with cases decided between July 1991 and April 1996. The author cites those parts of judgments which pertain to a particular issue, providing first-hand access to the Court's actual decisions on that issue. The pronouncements are arranged to give a clear picture of the contribution made to the law governing the international civil service. The author was awarded the 1989 Certificate of Merit by the American Society of International Law for his two-volume treatise on the law of the international service.

This book explores the role of national fiscal policies in a selected group of Euro-area countries under the European Economic and Monetary Union (EMU). In particular, the authors characterize the response of output to fiscal consolidations and expansions in the small Euro-area open economies affected by high public and private debt. It is shown that the macroeconomic outcome of fiscal shocks is strongly related to debt levels. The Euro-area countries included in the investigation are Greece, Ireland, Italy, the Netherlands, Spain, and Portugal, over the sample period 1999-2016, i.e., the EMU period. The main econometric tools used in this research are structural vector autoregressive (VAR) models, including panel VAR models. The available literature relating to the subject is also fully reviewed. A further closely investigated topic is the potential spillover effects of German fiscal policies on the selected small Euro-area economies. Moreover, in the perspective of the evolution of the Euro Area towards a full Monetary and Fiscal Union, the authors study the effects of area-wide government spending shocks on aggregate output and other macroeconomic variables during the EMU period. The closing chapter of the book considers evidence on the consequences of austerity policies for European labour markets during recent years.

This book dissects the complex social, cultural and political factors which led the UK to take its decision to leave the EU and examines the far-reaching consequences of that decision. Developing the conceptual framework of securitization, Ryder innovatively uses primary sources and a focus on rhetoric to examine the ways that political elites engineered a politics of fear, insecurity and Brexit nationalism before and after the Brexit vote. He situates Brexit within a wider shift in international political ideas, traces the resurgence in popularity of far-right politics and explores how Britain and Europe now face a choice between further neoliberal reform or radical democratic and social renewal.

How do individual legislators in the European Parliament (EP) make decisions on the wide variety of policy proposals they routinely confront? Despite a flourishing literature on the European Union's only directly elected institution, we know surprisingly little about the micro-foundations of EP politics. Who Decides, and How? seeks to address this shortcoming by examining how individual legislators make policy choices, how these choices are aggregated, and what role parties and committees play in this process. It argues that members of the EP lack adequate resources to make equally informed decisions across policy areas. Therefore, when faced with policy choices in policy areas outside their realms of expertise, members make decisions on the basis of perceived preference coherence: they adopt the positions of their expert colleagues in the responsible EP committee whose preferences over policy outcomes they believe to most closely match their own. These preferences are difficult to determine, however, which is why legislators rely on a shared party label as stand-in for common preferences. This results in cohesive parties, despite the inability of EP parties to discipline their members.
Who Decides, and How? relies on the respective strengths of quantitative and qualitative data to shed new light on the inner workings of the EP. It illustrates how legislators make broadly representative decisions under conditions of resource scarcity, informational uncertainty, and problematic policy preferences, and how structurally weak EP parties can act in an internally cohesive and externally competitive manner when carrying out their policy commitments to Europe's citizens.

This book analyzes ways how three fringe players of the modern diplomatic order - the Holy See, the Sovereign Military Order of Malta, and the EU - have been accommodated within that order, revealing that the modern diplomatic order is less state-centric than conventionally assumed and is instead better conceived of as a heteronomy.

International Organizations as Law-makers addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the making, implementation, and enforcement of international law. Alvarez argues that existing descriptions of international law and international organizations do not do justice to the complex changes resulting from the increased importance of these institutions after World War II, and especially from changes after the end of the Cold War. In particular, this book examines the impact of the institutions on international law through the day to day application and interpretation of institutional law, the making of multilateral treaties, and the decisions of a proliferating number of institutionalized dispute settlers. The introductory chapters synthesize and challenge the existing descriptions and theoretical frameworks for addressing international organizations. Part I re-examines the law resulting from the activity of political organs, such as the UN General Assembly and Security Council, technocratic entities within UN specialized agencies, and international financial institutions such as the IMF, and considers their impact on the once sacrosanct 'domestic jurisdiction' of states, as well as on traditional conceptions of the basic sources of international law. Part II assesses the impact of the move towards institutions on treaty-making. It addresses the interplay between negotiating venues and procedures and interstate cooperation and asks whether the involvement of international organizations has made modern treaties 'better'. Part III examines the proliferation of institutionalized dispute settlers, from the UN Secretary General to the WTO's dispute settlement body, and re-examines their role as both settlers of disputes and law-makers. The final chapter considers the promise and the perils of the turn to formal institutions for the making of the new kinds of 'soft' and 'hard' global law, including the potential for forms of hegemonic international law.

In a short volume De Bassompierre successfully links the emerging political patterns to the overall economic integration endeavor. He concludes that this `condominium of 12 sovereign nations offers an unparalleled adventure for the national bureaucracies in managing what is, in effect, a global superpower in the making.' Of broader appeal than its title suggests. Valuable for upper-division students in all colleges and universities. Choice Watching the tortuously slow process of European integration in recent years has been akin to watching grass grow. Twelve European powers, most of whom have had a taste of global dominion in the past, are understandably reluctant to forsake their traditional sovereignty. But a process is under way that is beginning to acquire a new momentum, especially with the 1992 deadline so close. Changing the Guard in Brussels is an appraisal of the institutions of the European Community as seen by someone familiar with the daily activity of the Council of Ministers. It deals with reality and results from personal experience, not from an academic study. By 1992, all European Economic Community internal barriers are slated to come down, ensuring the free flow of persons, goods, and capital. European union, if ever achieved, will have profound political, economic, and security consequences for the world at large. U.S. policymakers should notice what is happening and what it could portend. Regardless of the outcome, the process is a unique and absorbing experiment in supranationality. Nothing quite like it has ever before been attempted. This book therefore is a story about 320 million free and prosperous people reaching for the next stage of European evolution. Despite its moments of comic relief, such a serious and historic adventure is likely to have worldwide impact.

Can the euro area survive without a more centralized economic policy? What lessons can be drawn from Economic and Monetary Union about new modes of policy-making in the European Union? Have euro area members spoken with one voice on the international stage and what does this mean for the European Union's ambitions to be a global actor in its own right? This book explores these three key questions through an in-depth analysis of euro area governance from the launch of the single currency in 1999 to the sovereign debt crisis of 2010. Drawing insights from the study of European Union politics, comparative political economy and international political economy, it examines: Economic and Monetary Union's break from the Community method of policy-making; the European Central Bank's ambivalence about the pursuit of ever closer union; the Eurogroup's rise and fall as a forum for economic policy coordination; the interplay between national fiscal institutions and the stability and growth pact; the broad economic policy guidelines' failure to apply peer pressure; the European Union's influence within the G20 and the International Monetary Fund at the height of the global financial crisis; euro diplomacy towards China and other rising powers; and current debates about the fate of EMU and the reform of euro area governance in the aftermath of the global financial crisis. The book's conclusions challenge claims that the euro area is in crisis because of its decentralized approach to decision-making alone and the corollary that the euro can be saved only through a further transfer of sovereignty to the supranational level.

Linking Citizens and Parties addresses familiar questions about political representation: Are parties responsive to their core supporters or to the public in general? Do parties that adopt centrist policy positions benefit in elections? Does proportional representation encourage party extremism? These fundamental questions about democracy are paired with the empirical observation of Western European democracies during the last thirty years. The study highlights the pathways (mainstream and niche) through which citizens' political preferences are expressed by their political parties. It concludes with a positive evaluation of these democracies as their citizens have access to at least one, and possibly both niche and mainstream pathways.

This work reviews the progress of children's rights 25 years since the adoption of the UN Convention on the Rights of the Child. It studies the progress of that human rights instrument as part of an ongoing process. It examines how recent past, present and future generations will benefit or suffer as part of the process in which outcomes cannot be predicted. It does not project into the future. Its emphasis is on a review of the period after 1989 and it comments on what has happened and offering guidance on how children's rights might progress. The book presents a realistic but not always critical review of two and a half decades of intensive activity in the field of children's rights worldwide. It includes both failures and examples of good practice and positive experiences. It offers a review of progress and lack of progress in child rights and welfare in the twelve countries used as case studies in its predecessor, The Next Generation. Finally, the volume considers the impact of current geopolitical and economic realities on children's rights in the early years of the twenty-first century. The book is a tribute to Judith Ennew and pays homage to all of the people who have contributed so much to children's rights over the years and wishes to encourage others to take up the cause.

This interdisciplinary collection of essays by a constitutionalist and a political sociologist examines how fragmented societies can be held together by appropriate and effective constitutional arrangements providing for bonds of democratic citizenship. Exploring the political order dilemmas of capitalist democracies, the authors address moral and institutional prerequisites on which the deepening of European integration depends. The desirability of such deepening is currently contested, with the membership of some states (and their compliance with the spirit of the Union's treaties) at stake. The authors do not consider the `renationalisation' of Europe to be a feasible (and even less so a desirable) way out of Europe's current malaise. Yet whatever the way out, charting it calls not just for the vision and imagination of political elites but also for the intellectual efforts of social scientists. With this book, Preuss and Offe contribute to those efforts. Key Features: * original insights on the nature of the European crisis * analysis of how fragmented societies can be held together by appropriate constitutional arrangements * how state sovereignty and federal structures can be merged * account of the moral prerequisites and resources of democratic polities * dilemmas of political order under democratic capitalism

This collection brings together leading scholars and practitioners to assess the processes, institutions and outcomes of the EU's collective diplomatic engagement in the fields of security, human rights, trade and finance and environmental politics. It analyzes successes and failures in the EU's search for global influence in the post-Lisbon era.

The European Union's market integration project has dramatically altered economic activity around Europe. This book presents extensive evidence on how trade has increased, jobs have been created, and European business has been reorganized. However, changes in the economy have been accompanied by dramatic changes in how people from different societies interact. In this book Neil Fligstein argues provocatively that these changes have produced a truly transnational-European-society.
The book explores the nature of that society and its relationship to the creation of a European identity, popular culture, and politics. Much of the current political conflict around Europe can be attributed to who is and who is not involved in European society. Business owners, managers, professionals, white-collar workers, the educated, and the young have all benefited from European economic integration, specifically by interacting more and more with their counterparts in other societies. They tend to think of themselves as Europeans. Older, poorer, less-educated, and blue-collar citizens have benefited less. They view the EU as intrusive on national sovereignty, or they fear its pro-business orientation will overwhelm the national welfare states. They have maintained national identities. There is a third group of mainly-middle class citizens who see the EU in mostly positive terms and sometimes-but not always-think of themselves as Europeans. It is this swing group that is most critical for the future of the European project. If they favor more European cooperation, politicians will oblige. But, if they prefer that policies remain wedded to the nation, European cooperation will stall. Written in anaccessible style this is a major new interpretation of the drive to European integration and essential reading for all those with an interest in the topic.

Who is a vulnerable person in human rights law? This important book assesses the treatment of vulnerability by the European Court of Human Rights, an area that has been surprisingly under-explored by European human rights law to date. It explores legal-philosophical understandings of the topic, providing a theoretical framework that can be used when examining the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court's approach under art. 3 ECHR. It also pays particular attention to the concept of human dignity. Well written and compellingly argued, this is an important new book for all scholars of European human rights. The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

This book is a systematic comparative study of WTO and EU law relevant for universal service provision, and a timely contribution to the ongoing scholarly and policy debates about the concept and scope of universal service. Universal service is one of the most significant regulatory issues worldwide and it is likely to remain so. The central question dealt with by the author is how the technologically intensive sector of telecommunications services can be regulated in a socially fair way in the light of liberalisation and the immense importance of ICTs in the Information Society. The author investigates whether the legal frameworks of WTO and EU can meet the challenges of the rapid and dramatic technological and social change and formulates relevant policy recommendations. The book is of interest to both scholars and practitioners in several disciplines, such as EU and WTO law, telecommunications law and regulation, political science regarding market regulation and governance as well as European integration and WTO. Olga Batura is affiliated to the Leuphana Law School, University of Luneburg, Germany, and to the European Humanities University in Vilnius, Lithania.

By comparing the importance of representative democracy to the EU as enshrined in the Lisbon Treaty with the political systems in the EU's newest member states, this study explores whether representative democracy can really exist in an enlarged EU and explores the constraints and opportunities for political parties operating the in the EU.

The theories and case studies examined in this volume constitute a thorough study of foreign intervention in civil conflicts for the purpose of rendering humanitarian aid. The classical paradigm of the ethics of intervention forbids the violation of territorial sovereignty. Public international law and the UN charter also mandate nonintervention within the territorial boundaries of a state. Nevertheless, in recent years, as a result of brutal civil conflicts and their violent and inhumane consequences--as in Rwanda, Bosnia, and Cambodia--international aid interventions have become an accepted practice. Still, international humanitarian aid involves unsettled, controversial issues--dilemmas concerning donors, recipients, and international organizations. These issues, as well as the concepts of sovereignty, human rights, coercive interventions, and peacekeeping, are critically evaluated in this volume, which will be of interest to scholars and policymakers in international relations, human rights, and military affairs.

Administrative Law and Policy of the EU provides a comprehensive analysis of the administration of the European Union and the legal framework within which that administration operates. The book examines the multifarious approaches, techniques, and structures of public administration in order to systematise and assess the solutions they offer to political, social, and economic problems.
The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law.
By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.

For over twenty years Sir Stephen Wall was at the heart of Whitehall, working for a succession of British leaders as they shaped Britain's policy towards the European Union. He was there behind the scenes when Margaret Thatcher took on the rest of Europe to 'get her money back'. He was with John Major at Maastricht where the single European currency was born. He was with Tony Blair as a negotiator of the EU's Amsterdam, Nice and Constitutional Treaties. As a senior official in London, as Britain's ambassador to the European Union and as Tony Blair's senior official adviser on Europe he saw Prime Ministers and Foreign Secretaries define, defend and promote Britain's interests in Europe. Drawing on that experience, Stephen Wall traces a British journey from 1982 to the present as successive British governments have wrestled with their relationship with their fellow EU partners, with the European Commission and the European Parliament.
A Stranger in Europe goes behind the scenes as Margaret Thatcher and her successors have sought to reconcile Britain's national and European interests. Drawing on the official documents of the period, he gives a unique insight into how Britain's leaders have balanced objective assessment of Britain's wishes; political, press and public pressures; their own political instincts and the aims, interests and personalities of their fellow European leaders. We see Britain's Prime Ministers in intimate discussion with other EU leaders. We experience how Britain's top politicians motivated the best civil servants of their day and how those civil servants, in turn, sought to turn political instructions into negotiating successes. Above all, we see people at thetop of their game trying to promote the British national interest and be good Europeans at the same time.
Stephen Wall analyses both Britain's successes and our failures and shows how, despite the differences of declared aim, and huge differences of personality, Britain's political leaders have in practice followed very similar paths. He concludes that Britain has been an awkward partner, often at odds with her partners: a stranger in Europe. But with dogged determination and seriousness of purpose Britain's leaders have nonetheless done much to shape and reform the modern Europe in which we live today.

"This useful compilation of essays serves as an introduction and guide to the complexities arising from the theft of Jewish property during WWII...This anthology belongs in every library."
-- "Choice"

The campaign for the restitution of Jewish property stolen during the Holocaust has touched a raw nerve within European society, bringing many nations to confront their wartime past. Together with the end of the Cold War and generational change, the campaign has created a need to reevaluate conventional historical truths.

Following an unprecedented media campaign, pressure from Jewish organizations, and public opinion, more than 40 European commissions were established to investigate their fellow countrymen's behavior during the war and to ascertain how stolen property was dealt with in its aftermath.

The Plunder of Jewish Property During the Holocaust brings together a range of distinguished international experts to examine the major cases concerning restitution in several countries, covering specific issues such as Nazi gold, wartime theft of works of art, and the ownership of dormant accounts in Swiss banks. The contributors incorporate insights from diverse disciplines such as international law, economics, history, and political science which, taken as a whole, make clear that some chapters of European history will have to be rewritten.

With a preface by Edgar Bronfman and Israel Singer

How does an idea that forms in the minds of a few activists in one part of the world become a global norm that nearly all states obey? How do human rights ideas spread? In this book, Robyn Linde tracks the diffusion of a single human rights norm: the abolition of the death penalty for child offenders under the age of 18. The norm against the penalty diffused internationally through law-specifically, criminal law addressing child offenders, usually those convicted of murder or rape. Through detailed case studies and a qualitative, comparative approach to national law and practice, Linde argues that children played an important-though little known-role in the process of state consolidation and the building of international order. This occured through the promotion of children as international rights holders and was the outcome of almost two centuries of activism. Through an innovative synthesis of prevailing theories of power and socialization, Linde shows that the growth of state control over children was part of a larger political process by which the liberal state (both paternal and democratic) became the only model of acceptable and legitimate statehood and through which newly minted international institutions would find purpose. The book offers insight into the origins, spread, and adoption of human rights norms and law by elucidating the roles and contributions of principled actors and norm entrepreneurs at different stages of diffusion, and by identifying a previously unexplored pattern of change whereby resistant states were brought into compliance with the now global norm against the child death penalty. From the institutions and legacy of colonialism to the development and promotion of the global child-a collection of related, still changing norms of child welfare and protection-Linde demonstrates how a specifically Western conception of childhood and ideas about children shaped the current international system.

This book presents in a concise and accessible way why the EU institutional system exists in its present form, how the EU fits into the world as a system of governance, and who is involved in EU policy processes. It outlines the historical context which has shaped the EU system, gives a summary of the system's basic principles and structures, and describes its actors, procedures and instruments. The main theme is to show that EU decision-making is not just a matter of action at some higher and separate level, of 'them and us', but rather that it involves different forms of cooperation between European, national and regional authorities, as well as interaction between public and private actors. Numerous short case studies illustrate how people's day-to-day activities are affected by EU decisions, and how individuals' concerns are represented in the decision-making process. The book provides insights and examples which will be very helpful for all students of European integration. It will also be a valuable resource for European citizens wishing to understand the basic realities and rationales, as well as some of the dilemmas, behind EU policy-making.

The book explores the promotion of Europeanness, which aims to arouse feelings of belonging to the European Union. It demonstrates that the promotion of Europeanness at the EU level does not constitute an overarching identity policy that imposes a homogenous interpretation of European identity. Rather, it is a process of negotiation in which various entrepreneurs of Europeanness within and outside the EU institutions invent and communicate representations of Europe. Both the negotiation and the multilayered representations of Europe that it produces are investigated through three case studies: the academia and the historians, European heritage, and the iconography of the euro.