Through a detailed historical and empirical account of post-independence years, this book offers a new assessment of the role of the judiciary in Pakistani politics. Instead of seeing the judiciary as helpless or struggling against an authoritarian state, it argues that the judiciary has been a crucial link in the creation of state and political inequality in Pakistan. This rubs against the central role given to the judiciary in developing countries to fix the 'corrupt politicians and stubborn bureaucracies' in the World Bank's 'Good Governance' paradigm and rule of law initiatives. It also challenges the contemporary legal and judicial discourse that extols the virtues of Public Interest Litigation. While the book's core analysis is a critique of the contemporary liberal legal project, it also adds to the critical tradition of social theory by linking political economy to a social theory of law. The theoretical aspect of the study is applicable to any developing society whose judiciary is going through foreign-sponsored 'rule of law' judicial reforms.

The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.

This text presents an assessment of France's policies towards NATO between 1981 and 1997. It also provides a critical assessment of these policies. It argues that France's arms length relationship with NATO's integrated military structure served its purpose during the Cold War, but increasingly came to impose high costs thereafter. The author goes on to explain this somewhat puzzling fidelity to inappropriate policies as a function of domestic pressures on French policy makers.

This book examines the obligations of troops to prevent serious abuses of human rights towards civilians under international humanitarian law and international human rights law. It analyzes the duty to intervene to stop the commission of serious abuses of human rights by analyzing the meaning and practical consequences for troops, in terms of civilian protection, of the Article 1 duty to respect and ensure respect for the Geneva Conventions; of the duty to secure human rights (found in most international human rights treaties); and of the duty to restore law and order in an occupation.
The book also analyzes the extent of troops' obligations to provide protection in light of various different operational and legal contexts in and discusses 'grey areas' and lacuna of coverage. A discussion of whether new approaches are needed, for example where operations are undertaken explicitly to protect people from serious violations of their human rights follows; and the book concludes by offering some guidelines for troops faced with such violations.

Since the end of the Cold War, crises from the Balkans to Central Asia and Africa have forced international organizations to adapt, expand, and cooperate to end civil wars, manage humanitarian challenges, and contain terrorist threats. The Power of Dependence explores the complex relationship between two of these organizations: NATO and the United Nations. It advances an innovative resource dependence approach to explain the stark variation in interorganizational cooperation, combining insights from international relations theory and organizational science in a comprehensive theoretical framework. Comparing NATO and the UN's engagement in three major post-Cold War conflicts- Bosnia, Kosovo, and Afghanistan- the study finds that the level and balance of the organizations' resource dependence plays a crucial role in shaping the degree of cooperation. The Power of Dependence demonstrates the logic, dynamics, and impact of organizational interactions in addressing regional instability and violent conflict. It will be of interest to anyone concerned with understanding and building more effective interorganizational partnerships in crisis management.

The issue of 'reverse discrimination' is a topical subject, particularly in the field of family reunification. Reverse discrimination occurs when a European Union (EU) citizen in a 'purely internal situation' is treated less favourably than an EU citizen of another nationality whose situation is largely governed by EU law. Reverse Discrimination in the European Union offers an up-to-date standard reference work on reverse discrimination. Part I of this book analyses the issue of reverse discrimination from an EU perspective. In particular, it questions whether reverse discrimination falls within the scope of application of Member State law or whether it falls within the ambit of EU law. Subsequently, it discusses the interpretation of the 'purely internal situation' doctrine on the basis of the case law of the European Court of Justice, giving special attention to recent developments since the controversial Ruiz Zambrano judgment.Although reverse discrimination is of interest from the perspective of the Member States, it is still mostly studied from the viewpoint of the EU.To address this, Part II looks at reverse discrimination in five Member States, namely Belgium, France, Italy, Germany and Austria. The focus lies on the ground(s) on which the national authorities decide whether or not to allow stricter treatment of purely internal situations. Finally, Part III analyses specific instances of reverse discrimination in federally structured Member States, from the perspective of both EU law and Belgian and German law.

Comitology is the most important form of multi-level governance in the European Union. Member State and Commission actors together create roughly 2,500 executive acts per year, amounting to about half of all European laws together. But to what degree is this unknown and invisible committee system being held to account for its decisions? This book for the first time addresses accountability in truly multi-level terms. It looks at accountability foreseen in the constitutional setup of the comitology system, as well as at how this plays out in practice at the European level and within national governments. Controlling Comitology combines findings from different levels of government, and analyses a plurality of data sources including interviews, survey data of committee participants and their superiors, legislative databases and meeting documents. The book argues that accountability has steadily improved over time, but also that unexpected gaps have emerged. This books is important reading for student and scholars of comitology as well as accountability and law-making in the European Union.

Financial capital, whether mediated through the financial market or Foreign Direct Investment has been a key factor in European economic growth. This book examines the interaction between European and global financial integration and analyses the dynamics of the monetary sector and the real economy in Europe. The key analytical focus is on the theoretical and empirical dynamics of financial markets in Europe, however, it also provides regional case studies of key institutional developments and lessons from foreign direct investment. There is a broad range of findings for Central, Eastern and Western Europe as well as EU Partner Countries. Crucially the analysis includes new approaches and options for solving the transatlantic banking crisis and suggests policy innovations for a world with unstable financial markets.

In the European Union the balance of power between Brussels and the Member State governments is an ongoing matter of contention. With each treaty amendment during the Union's first 50 years, EU competences have grown, and each time critics have questioned whether the national governments are being weakened. The Treaty of Lisbon is now being considered as a replacement for the ill-fated European Constitution, and the atmosphere is one of heightened sensitivity. This timely book examines the Lisbon Treaty to determine whether the current 'dividing lines' between Member State and Union authority will be affected. Taking a broad view of what the EU is and what its members are trying to accomplish collectively, the author contrasts these aspirations for Europe with the insistence of each Member State that it must never lose its national sovereignty.

Epidemics know no borders and are often characterized by a high level of uncertainty, causing major challenges in risk governance. The author shows the emergence of global risk governance processes and the key role that the World Health Organization (WHO) plays within them.

Differentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities. Written by emerging and established experts in the field, the chapters examine the present and future of differentiation in EU law. Part I covers general institutional aspects, with contributors examining the nature and characteristics of the various institutional and extra-institutional forms of differentiation. Part II takes a policy-oriented perspective, focussing on areas of EU law and policy in which differentiated integration is prevalent or particularly intriguing. This includes Economic and Monetary Union, the internal market, justice and home affairs, and foreign policy. Differentiated integration is now a defining feature of the EU polity, with the potential to impact almost every facet of EU regulation. This book will be essential reading for students and academics in EU law or anyone interested in the future of EU integration. Contributors include: V. Borger, M. Dawson, M. de Visser, B. De Witte, W. Devroe, A. Durana, N. El-Enany, C. Fasone, E. Ferran, E. Herlin-Karnell, C. Herrmann, S. Kingston, P. Koutrakos, A. Ott, S. Peers, D. Thym, P. Van Cleynenbreugel, S. Van den Bogaert, A.P. van der Mei, E. Vos, M. Weimer

The United Nations Millennium declarations of 2002 set eight Millennium Development Goals (MDGs) to be achieved by 2015. The papers presented in this publication endeavour to address how libraries and information professionals in East, Central and Southern Africa seek to make themselves relevant to national development by asking themselves how libraries and information centres could contribute to the attainment of these MDGs.

In this volume an international cast of contributors analyze and discuss the role of societal actors in European integration from the creation of the present-day European Union in 1958 to the Maastricht Treaty in 1992. Based throughout on newly accessible sources the authors discuss a variety of societal actors from political parties to business groups and civil society organizations demonstrating the scope and limits of their role in European polity-building and policy-making before the Maastricht Treaty, with an outlook on the period since then. This is an important text for students and Scholars of European Studies, European Union Politics and contemporary History.

The Application of EU Law in the New Member States - Brave New World is a unique volume, providing readers with an in-depth analysis of EU-related legal developments in the twelve new Member States of the European Union. As anticipated, the new Member States have experienced considerable challenges in the transposition and application of EU law. The first five years have also brought a series of controversial decisions of constitutional and supreme courts on the principle of the supremacy of EC law and the position of third pillar legislation in national legal systems. There is also a growing body of highly interesting decisions of lower courts, proving that EU law is slowly making its way and its effectiveness should not be at risk in the long term. Having passed the phase of shyness, domestic courts in at least a few of those countries have already started to send references for the preliminary rulings to the European Court of Justice. Despite some early disappointments, the new references are, in most cases, admissible and very interesting from the substantive point of view. A purely technocratic approach may immediately lead to a conclusion that all these efforts are not sufficient and that the newcomers are underperforming. However, if one takes into account the breadth of the reforms and changes those countries have undergone in the past two decades the conclusion may be different. The emerging picture is quite impressive when economic, political and social factors are taken into account. The countries of Central and Eastern Europe, which had managed to escape the brain draining ruthless Soviet empire, have spent the last twenty years in a deep, multidimensional transformation. Membership of the European Union is yet another challenge they are faced with. One should not think of those countries as children of a lesser God, but rather a Brave New World negotiating its way in the contemporary Europe. This book is important reading for academics, practitioners and civil servants in the EU Member States and candidate countries. Dr Adam Lazowski is Reader in Law at the School of Law, University of Westminster, London, UK.

Social Mobility in Europe is the most comprehensive study to date of trends in intergenerational social mobility. It uses data from 11 European countries covering the last 30 years of the twentieth century to analyze differences between countries and changes through time.
The findings call into question several long-standing views about social mobility. We find a growing similarity between countries in their class structures and rates of absolute mobility: in other words, the countries of Europe are now more alike in their flows between class origins and destinations than they were thirty years ago. However, differences between countries in social fluidity (that is, the relative chances, between people of different class origins, of being found in given class destinations) show no reduction and so there is no evidence supporting theories of modernization which predict such convergence. Our results also contradict the long-standing Featherman Jones Hauser hypothesis of a basic similarity in social fluidity in all industrial societies 'with a market economy and a nuclear family system'. There are considerable differences between countries like Israel and Sweden, where societal openness is very marked, and Italy, France, and Germany, where social fluidity rates are low. Similarly, there is a substantial difference between, for example, the Netherlands in the 1970s (which was quite closed) and in the 1990s, when it ranks among the most open societies.
Mobility tables reflect many underlying processes and this makes it difficult to explain mobility and fluidity or to provide policy prescriptions. Nevertheless, those countries in which fluidity increased over the last decades of the twentieth century had not only succeeded in reducing class inequalities in educational attainment but had also restricted the degree to which, among people with the same level of education, class background affected their chances of gaining access to better class destinations.

After 40 years of Cold War, NATO found itself intervening in Bosnia-Herzegovina, Kosovo and Afghanistan, where the ability to communicate with local people was essential to the success of the missions. This book explains how the Alliance responded to this challenge so as to ensure that the missions did not fail through lack of understanding.

With the increasing prominence of fundamental rights within the EU it increasingly interferes in the core competence of the Council of Europe. This book traces the EU and the Council of Europe relationship in the field of human rights - marked by mutual interferences and overlap - and explores which factors trigger cooperation or conflict between the two organizations. Investigating the cases of data protection, the fight against terrorism, challenging Roma discrimination, the Memorandum of Understanding and the Fundamental Rights Agency through the lens of an implementation literature and management studies-perspective, this book contends that the biggest threat to interorganizational cooperation is organizational self-interest, despite a shared policy outlook. The book furthers the agenda set by the literature in this field by providing a new theoretical framework and an in-depth empirical study of two main actors in the field of human rights protection in Europe from a political science perspective.

In an EU increasingly worried about the security of its citizens and its territory, how should the European Parliament make policy decisions in these areas? This study investigates how the empowerment of the European Parliament has led it to abandon its defence of civil liberties in order to become a full partner in inter-institutional negotiations

This book examines selected pertinent topics on issues relating to current and future EU developments. In its initial sections, the book focuses on an array of wide ranging micro (agriculture, industry and competition) and macro (EMU, regional convergence and enlargement) issues. A final section is reserved for discussion on Britain's future relationship with the EU. In particular, the book posits possible alternative strategies (e.g. NAFTA membership and policy frameworks) and examines these from both a theoretical and empirical perspective.

The United Nations effort in East Timor was precedent - setting in its use of a regional power to affect a UN mandate leading to the independence of a new nation. Based on first-person accounts, interviews, declassified documents, and secondary background sources, this book gives readers an insight into the significant actions and innovative techniques of the struggle for East Timorese independence from 1999 to 2006.The book begins with a two-chapter historical overview of the circumstances that caused the United Nations to intervene in East Timor in 1999, and then continues with a detailed account of the referendum on independence and the military operations required to restore order after the Timorese people decided upon freedom from Indonesia. In the final three chapters, the author describes the actions taken to support the first national elections, the writing of a constitution, and the formation of a new national government in East Timor. The final chapter compares UN operations in East Timor to previous operations in Somalia, Eastern Europe and Haiti, and outlines key lessons for the future, including the critical importance of economic development and good governance in fledgling states.

Sharp in focus and succinct in analysis, this Pivot examines the latest developments and scholarly debates surrounding the sources of the European Union's crisis of legitimacy and possible solutions. It examines not only the financial and economic dimensions of the current crisis, but also those crises at the heart of the EU integration project.

This new edition of a classic text, comprehensively revised throughout, appraises the emerging challenges to the centrality of the nation-state international system, such as humanitarianism, environmentalism, new international legal standards, and concepts such as "civil society" and "globalism." As inter-governmental and international non-governmental activities are increasingly being blended, for example in the area of peace-keeping, this poses a challenge to the sanctity of the territorial state as the primary political unit. Similarly, technological and social changes such as the emergence of the Internet, encourages "borderless" activities (both legal and illegal) by non-state actors. This book provides the basis for students to consider a thorough rethinking of our international system and its prospects for the future in the face of these fundamental and unprecedented developments. While the book as a whole is built around the unifying theme of "the management of cooperation," illustrative cases enhance the individual chapters and provide the basis for comparative analysis and discussion. These take the reader through the tangled webs of international cooperation in such areas as the European Union, NATO, humanitarian intervention, arms control, transnational criminal organizations, and global environmental issues. Discussion questions at the end of each chapter add to the usefulness of this text for students.

The first comprehensive analysis of Britain's complex relationship with UN peacekeeping operations during two formative decades. It charts the evolution of British views on an international organization running its own military forces and examines policy-makers' efforts to influence, contain and exploit individual operations: in Palestine, Kashmir, Egypt (following the Suez Crisis), Lebanon, Congo and Cyprus. Benefits included shedding colonial responsibilities, containing conflicts, face-saving, and burden-sharing; perceived risks included interference in remaining colonies and threats to postcolonial interests.