This book continues the three-volume series edited by Sir Arthur Watts and published in 1999 and 2000. It contains the final product of the International Law Commission (ILC)'s work over the decade 1999-2008. The ILC's work is frequently cited by international and national courts, by governments, practitioners, and academic authors.
The present volume includes the full text, and commentaries where applicable, of ILC texts adopted during the period under review, on such important topics as State responsibility, diplomatic protection, nationality in relation to the succession of States, unilateral acts of States, the fragmentation of international law, as well as several topics relevant to international environmental law, including prevention of transboundary harm from hazardous activities, international liability in case of loss from transboundary harm arising out of hazardous activities, and the law of transboundary aquifers. It further updates the existing series with the inclusion of a chapter on the United Nations Convention on Jurisdictional Immunities of States and their Property.
Each text is accompanied by an authoritative introduction, a note on the preparatory work, a carefully selected bibliography, and the relevant resolutions of the General Assembly.

The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty.
The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts and the Charter of Rights.
The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty.
This revised paperback edition includes a new chapter detailing the political reform process leading to the proposed Fiscal Union Treaty, and its potential legal implications.

This book devises a new conceptual framework of 'moral power' and applies it to the policy of the European Union (EU) towards the South Caucasian states of Armenia, Azerbaijan and Georgia. It covers the period starting from the 1990s to the present and analyses policy domains (democracy promotion, conflict resolution, security, energy, trade) juxtaposing the policy of EU/member states with those of the United States (US), Russia, Turkey, Iran, as well as inter-governmental and regional organizations. 'Morality' is unpacked as composed of seven parameters: consequentialism; coherence; consistency; normative steadiness; balance between values and interests; inclusiveness; and external legitimacy. 'Power' is branched into 'potential', 'actual' and 'actualized' types. 'Moral power' is consequently developed as an objective and neutral framework to capture the foreign policy of an international actor in any geographic area and policy sphere. The book will be useful for students and scholars of International Relations and EU Studies, policy-makers and practitioners.

Ronan McCrea offers the first comprehensive account of the role of religion within the public order of the European Union. He examines the facilitation and protection of individual and institutional religious freedom in EU law and the means through which the Union facilitates religious input and influence over law. In addition, the book draws attention to the limitations on religious influence over law and politics that are required by the Union. It shows the extent to which such limitations are identified as fundamental elements of the EU's public order and as prerequisites for membership. The Union seeks to balance its predominantly Christian religious heritage with an equally strong secular and humanist tradition by facilitating religion as a form of cultural identity while simultaneously limiting its political influence. Such balancing takes place in the context of the Union's limited legitimacy and its commitment to respect for Member State cultural autonomy. Deference towards the cultural role of religion at Member State level enables culturally-entrenched religions to exercise a greater degree of influence within the Union's public order than "outsider" faiths that lack a comparable cultural role. Placing the Union's approach to religion in the context of broader historical and sociological trends around religion in Europe and of contemporary debates around secularism, equal treatment, and the role of Islam in Europe, McCrea sheds light on the interaction between religion and EU law in the face of a shifting religious demographic.

Combining case studies with normative theory, this book analyzes the democratic credentials of transnational actors participating in global governance, ranging from corporations and philanthropic foundations to NGOs and social movements. This leads to innovative interpretations of democratic legitimacy in a transnational context.

The friendly settlement procedure is an important tool for the reduction of the European Court of Human Rights' (ECtHR) case load. Recent practice demonstrates that this procedure is increasingly resorted to by applicants and Contracting States. Friendly Settlements before the European Courtof Human Rights evaluates this largely unexplored instrument from doctrinal as well as practical perspectives, making recommendations to render the negotiations before the ECtHR more efficient and professional.
The book examines questions relating to the admissibility as well as to the practical manageability of friendly settlements. In contrast to ordinary civil proceedings, the friendly settlements procedure has a mixed legal character: while settlements are an inter-partes procedure, they are also binding under international law, as the ECtHR often hands them down in the form of a judgment. In this context, the question arises as to how far the proceedings can be 'privatized' and where the limits to the monetization of human rights violation lie. This book evaluates possible abuses and identifies the precautions that need to be taken in the framework of friendly settlements. This issue is linked to the question of whether the legal framework which governs the conclusion of a friendly settlement should be formulated in a more concrete manner, given that the position of the parties is unequal and that the role of the Court is hardly defined in this context. Furthermore, the book empirically examines whether the friendly settlement procedure is as advantageous in comparison to ordinary proceedings as others have argued. It also questions whether the friendly settlements procedure can provide the applicant with 'more money faster'.

This book examines the way international court judges are chosen. Focusing principally on the judicial selection procedures of the International Court of Justice and International Criminal Court, it provides the first detailed examination of how the selection process works in practice at national and international levels: what factors determine whether a state will nominate a candidate? How is a candidate identified? What factors influence success or failure? What are the respective roles of merit, politics, and other considerations in the nomination and election process?
The research was based on interviews, case studies and survey data in a range of different states. It concludes that although the nature and quality of nomination and election processes vary widely, a common theme indicates the powerful influence of domestic and international political considerations, and the significant role of a small group of diplomats, civil servants, lawyers, and academics, often without transparency or accountability. The processes allow overt political considerations to be introduced throughout the decision-making process in ways that may detract from the selection of the most highly qualified candidates and, ultimately, undermine independence. This is particularly evident in the election campaigning that has become a defining feature of the selection process, accompanied by widespread vote trading and reciprocal agreements between states. The effect of these practices is often to undermine the role of statutory selection criteria and to favour candidates from more politically powerful states. The book reviews new judicial selection models adopted or proposed in other international and regional courts, and considers a number of proposals for change to promote more independent, transparent, and merit-based nomination and election procedures.

Providing perspectives from five Western capitals, this multinational study examines the formidable political and structural conditions for effective collaboration between NATO and the United Nations in performing peace-making and peacekeeping missions. The diplomatic and military requirements for operating principles of collective security in post-Cold War Europe are illuminated by contrasting the policies of major NATO governments. Candid assessments of the differing national attitudes that lie behind them are offered by an international team of scholars. Their analyses are set against the backdrop of the experience in Yugoslavia, and the momentous decisions on NATO's structural reform and enlargement.

"NATO and Terrorism" posits that the post 9/11 war on terrorism has had a profound effect on NATO's post Cold War structure and military missions. "NATO and Terrorism" focuses on the decades from 1989 until 2009, during which NATO underwent two major transformations. The first was the expansion from sixteen to twenty-six member states. This section traces the evolution of the new member states from communist enemies to democratic partners, looking at their differences and similarities, the reactions of their publics to membership, and their involvement in NATO activities. The second was the radical shift in the missions of the alliance and the book analyzes the military operations in Bosnia, Kosovo, Afghanistan, and Iraq as well as the new issue of the Missile Shield for Europe. Both sections also look at how inclusion of more states is predicated on the conclusion that their geopolitical position makes them a barrier against terrorism centered further east and how the missions involve the struggle against several varieties of terrorism.

This book explores the images and perceptions of the European Union (EU) in the eyes of one of the EU's three strategic partners in Asia in the context of its own distinct policies and identity. It fills a major gap in existing studies on how Asians perceive the EU. The book examines the perception, representation and visibility of the EU in the Indian media, among the 'elites' and in public opinion. It explores whether the Union's self-proclaimed representation as a global actor, a normative power and a leader in environmental negotiations conforms to how it is actually perceived in Third World countries. The book asks questions such as, How have Indian images of Europe/European Union been changing from the 1940s to the present? What new narratives have emerged or are emerging about the EU in India? What does the rise of China mean for EU-India relations? Is the image of the EU changing in India or do old representations still persist even though the Union is acquiring a new personality in the world politics? How does India perceive Poland?

Increasingly flexible labour markets and reforms of old-age pension systems are still ranking high on the political agenda of European countries. This volume investigates whether, and to what extent, the interplay between pension reforms and the spread of 'atypical' employment patterns and fragmented careers has a negative influence uponeconomic security in old age. The volume, therefore, analyzes the flexibility-security nexus by focusing on the post-retirement phase, thus extending the conventional narrow concept of 'flexicurity'. The book also questions whetherreforms of public and private pension schemes compensate or aggravate the risks of increasingly flexible labor markets and atypical employment careers after retirement? Around this overarching research question, the various contributions in the volume employ the same analytical framework in order to map, and then compare, the developments in seven European countries - Denmark, Germany, Italy, the Netherlands, Poland, Switzerland, and the UK - which present different labour market arrangements and various degrees of flexibility, as well as diverse pension systems.

The European Social Fund has often been overshadowed by more visible European Union social and economic policies. It is, however, integral to the construction and development of the EU and has played a central role in the impact of the EU on individual member states.Based upon a study of the ESF and a range of social policy documents from the Treaty of Rome to the Treaty of Amsterdam, this analysis examines the connections between the ESF and other areas of EU policy. The European Social Fund and the EU will be of particular use to anyone interested in social and economic regeneration across the European Union.

"Conceptually and empirically, this is the most thoughtful analysis of the role of EU's peace missions I have read so far. It starts with the 'action for the sake of action' logic of CSDP development and offers a new interpretation of what CSDP could be, if just peace was part of its political agenda. A rare gem in European studies."- Xymena Kurowska, Associate Professor of International Relations at Central European University, Hungary "This impressive research monograph provides a critical account of EUs peace missions by asking what these missions offer, how peace is built, and whom these missions serve. To address these important questions, Birgit Poopuu develops and employs an original and sophisticated discursive framework of telling and acting to conduct an in-depth investigation of EU peace missions Artemis in the DRC, EUFOR Althea in Bosnia-Herzegovina, and EULEX in Kosovo. This book's ground-breaking exploration advances the study of the EU as a peacebuilder."- Annika Bjoerkdahl, Professor of Political Science, Lund University, Sweden, and Editor in Chief of Cooperation and Conflict This book critically explores the European Union's brand of peacebuilding in the form of its Common Security and Defence Policy (CSDP). A contextually close reading of EU missions - using the fluid categories of telling and acting, stressing the dialogical ways of being, and taking heed of the concept of just peace as a particular guide to building peace - allows the book to tap into the specific meanings the EU has of peace, the ways in which it imagines its relationships with its varied partners, and perhaps most controversially, the way that being/becoming a global actor has been front and center of the CSDP. The analysis focuses on three core missions in the Democratic Republic of the Congo, Bosnia-Herzegovina, and Kosovo. One of the recurring themes that emerges from the empirical chapters is the significance attached to acting, and that acting per se constitutes success of a mission, without much thought given to its substance, or the outcome of the EU's engagement. The imaginative force of this book rests on developing a set of context-sensitive analytical tools, encapsulated in the dialogical model of identity formation and the dynamic approach to analysing identity through telling and acting.

This pivot introduces the Arctic Council and its role as a platform for dealing with local, national, regional and global challenges of relevance to the "new" Arctic. Against the backdrop of climate change and increasing commercial activity, it considers what a future Arctic should look like, from ideas of total protection to expansive oil and gas extraction. It examines the Arctic's position on the political agenda, from Norway's High North hype to a more peripheral place in the foreign policy of the US and explores the Council's role as an important international forum for dialogue and cooperation on Arctic challenges and opportunities, and a significant arena for developing knowledge and learning about a changing region.

Ending humanitarian atrocities has become as important for the United Nations as preventing interstate war. This book examines the transformation of UN operations, analysing its changing role and structure. Ramesh Thakur asks why, when and how force may be used, and argues that the growing gulf between legality and legitimacy is evidence of an eroded sense of international community. He considers the tension between the United States, with its capacity to use force and project power, and the United Nations, as the centre of the international law enforcement system. He asserts the central importance of the rule of law and a rules-based order focused on the United Nations as the foundation of a civilised system of international relations. This book will be of interest to students of the United Nations and international organisations in politics, law and international relations departments, as well as policymakers in governmental and non-governmental international organisations.

Over the past decades, governments have increasingly been confronted with problems that transcend their boundaries. A multitude of policy fields are affected, including environment, trade and security. Responding to the challenges triggered by Europeanization and globalization, governments increasingly interact across different spheres of authority. Both theoretically and empirically, the puzzle of institutional choice reflected by the variety of arrangements in which intergovernmental cooperation takes place inside individual countries and across their borders remains surprisingly under-explored. In an attempt to solve this puzzle, the book tackles the following questions: Why are the intergovernmental arrangements governments set up to deal with boundary-crossing problems so different? To what extent do these institutional differences affect the effectiveness of intergovernmental cooperation?
To address this gap theoretically and empirically, this book adopts a deductive, rationalist approach to institution-building. It argues that internal politics, the type of executive-legislative relations within the interacting governments, explains the nature of institutions set up to channel intergovernmental processes: while power-sharing governments engage in institution-building, power-concentrating governments avoid it. It also shows that these institutional choices matter for the output of intergovernmental cooperation. The approach is applied to the United States, Canada, Switzerland, and finally the European Union. Disaggregating individual government units, the theoretical approach reveals how intragovernmental micro-incentives drive macro-dynamics and thereby addresses the neglect of horizontal dynamics in multilevel systems. The willingness and capacity of lower-level governments to solve collective problems on their own and to oppose central encroachment are crucial to understand the power distribution in different systems and their long-term evolutions.

This book examines the history of nation-building in Kosova as a model of how the theories behind nation-building, state-building and peace-building can succeed or fail. The author argues that two missing factors led to successful state-building but failed nation-building in Kosova: the balance of power and the ethnic elite. The author uses his unique expert knowledge gained over thirty years of study to present a thorough overview of international administration and nation-building in Kosova.

This book explores the normative foundations of ASEAN and the EU. It revives the history of the two organizations in an in-depth narrative of the protracted arguments surrounding their establishment, legal integration and enlargement. While political actors used norms to legitimize their ideas for institutional change, the complex and dynamic nature of these norms also provided the breeding ground for contestation and, sometimes, institutional sclerosis and failure. Recasting these processes in an innovative English School framework, the volume makes a crucial contribution to the literature of Comparative Regionalism that goes beyond Eurocentric perspectives.

This open access book features various studies on democratization, transformation, political and economic development, and security issues in the Organization for Security and Cooperation in Europe (OSCE) geographical region and beyond. Written by experts and academics in the fields of human rights, security, transformation and development, particularly in post-soviet and communist countries, it examines the status quo of regime development in various member states of the OSCE; their economic, security and human rights performance; institutional reforms and transformations and the challenges that these countries and their societies face, including the USA, Canada, Germany, Macedonia, Russia, Turkey, Kazakhstan, Kyrgyzstan and Mongolia. This is the 2019 edition of this Compilation Series of the OSCE Academy. The OSCE works to promote Minority Protection, Security, Democratic Development and Human Rights guided by the Office for Democratic Institutions and Human Rights (ODIHR), and to enhance securitization and development policies in Eurasia, Europe, Central Asia and North America. Since being founded in 1993, the OSCE and its agencies and departments have attracted a wealth of academic research in various fields and disciplines, ranging from economic development and election monitoring to enhancing global principles of human rights and securitization. About the OSCE Academy in Bishkek: Founded in 2004, the Academy offers post-Doc research fellowships and runs two Master Degrees, one in Economic Governance and Development and one in Politics and Security in Central Asia. The Academy"s regular academic programs and conference contributes to developing human professional capital in the sectors of particular importance for Central Asian states and societies. The Academy's graduates and visiting researchers contribute to economic development, governance and policy-making in Central Asia and beyond the OSCE region. Website: http://www.osce-academy.net/en/about/

A study in EU legitimacy from the perspective of EU citizens. It argues that legitimacy is empirical: "legitimacy only exists if people "feel" that it does." The book points out that the EU is a unique and dynamic institution, hence legitimating factors are also evolutionary. The book shows that liberal democracy has not established EU legitimacy - hence it looks at new forms of input and performance to examine prospects for new forms of legitimating the EU.

Proliferation of WMD technologies is by no means a new concern for the international community. Indeed, since the signing of the Nuclear Non-proliferation Treaty in 1968, tremendous energies have been expended upon diplomatic efforts to create a web of treaties and international organizations regulating the production and stockpiling of WMD sensitive materials within states, as well as their spread through the increasingly globalized channels of international trade to other states and non-state actors.
However, the intervention in 2003 by Western powers in Iraq has served as an illustration of the importance of greater understanding of and attention to this area of law, as disagreements over its content and application have once again lead to a potentially destabilizing armed intervention by members of the United Nations into the sovereign territory of another member state. Other ongoing disputes between states regarding the character of obligations work assumed under non-proliferation treaty instruments, and the effect of international organizations' decisions in this area, form some of the most contentious and potentially destabilizing issues of foreign policy concern for many states.
This book provides a comprehensive analysis of international law and organizations in the area of WMD proliferation. It will serve both as a reference for understanding the law as it currently exists in its political and economic context, as well as an analysis of areas in which amendments to existing law and organizations are needed.

Focusing on the memory of the German Democratic Republic, Towards a Collaborative Memory explores the cross-border collaborations of three German institutions. Using an innovative theoretical and methodological framework, drawing on relational sociology, network analysis and narrative, the study highlights the epistemic coloniality that has underpinned global partnerships across European actors and institutions. Sara Jones reconceptualizes transnational memory towards an approach that is collaborative not only in its practices, but also in its ethics, and shows how these institutions position themselves within dominant relationship cultures reflected between East and West, and North and South.

This book assesses the many changes that have occurred within the European Parliament and in its external relations since the Lisbon treaty (2009) and the last European elections (2014). It is undoubtedly the institution that has evolved the most since the 1950s. Despite the many crises experienced by European integration in the last years, the Parliament is still undergoing important changes in its formal competences, its influence on policy-making, its relations with other EU institutions, its internal organisation and its internal political dynamics. Every contribution deals with the most recent aspects of these evolutions and addresses overlooked topics, providing an overview of the current state of play which challenges the mainstream intergovernmental approach of the EU. This project results from research conducted at the Department of European Political and Governance Studies of the College of Europe. Individual research of several policy analysts of the European Parliamentary Research Service (EPRS) have contributed to this endeavour.

This study explores the relationship between the European Community and one of the most important EFTA countries, Norway. The book recounts the steps leading to the signing of the European Economic Area agreement that will extend the EC's single internal market to the EFTA countries, explores the political dimension of Norway's relations with the EC, examines the economic dimension of the relationship, and considers Norwegian integration--past, present, and future.

The European Union in the World: Essays in Honour of Marc Maresceau is dedicated to the academic career of Marc Maresceau, a world-renowned expert in EU external relations law and pioneer in EU enlargement and neighbourhood studies. With a special focus on the post-Lisbon legal framework of EU external action, the book builds further upon the implementation of the reforms initiated by the Lisbon Treaty to offer virtually all-encompassing analysis of EU external relations law by top-level specialists.