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The coming into force of the Lisbon Treaty has provided the EU with new powers in the fields of criminal law and security law while reinforcing existing powers in immigration and asylum law. The Stockholm Programme is the latest framework for EU action in the field of justice and home affairs. It includes a range of new legislation in the fields of immigration and asylum, substantive criminal law, criminal procedure and co-operation between national criminal justice systems. The combination of the new treaty and programme have made security and justice key areas of legislative growth in the EU. This volume brings together a range of leading scholars, as well as some of the most interesting new voices in the debate, to examine the state of EU security and justice law after the Lisbon Treaty and the Stockholm Programme. It provides a critical examination of EU law in the fields of immigration, asylum, counter-terrorism, citizenship, fundamental rights and external relations. The book also examines the evolving roles of the EU institutions and criminal justice agencies. It provides a critical account of EU law in this field under the developing constitutional and institutional settlement.
The history of international dispute resolution is long and complex. Peaceful dispute resolution can forestall conflict, promote peace, and provide a framework for co-operation amongst nations. Nowhere is this potential more articulated than in the work of international judge, arbitrator, and professor, David D. Caron (1952-2018). In his work and his scholarship, he modelled how international dispute resolution can promote stability in world affairs. This collection of essays by distinguished scholars and practitioners commemorates and expands upon Caron's work by exploring the work of international dispute resolution institutions and conventions, including the Permanent Court of Arbitration, the five regional courts adjudicating inter-state disputes in Africa, and the Singapore Convention. Other essays consider sociological approaches to international dispute resolution, and whether international dispute resolution can or should be apolitical. The essays converse with the breadth of Caron's work, his key decisions, and his guidance to lawyers, students, judges, and arbitrators. By Peaceful Means is an insightful examination of how international dispute resolution seeks to avert disaster and mitigate discord, and how it might continue to do so in our uncertain future. The collection is an indispensable work for students, scholars, and practitioners of international law, offering a testament to the work and accomplishments of David Caron, written by friends and colleagues, in dedication to his remarkable legacy.
Law and Outsiders is a collection of essays examining cutting edge developments in law. Thirteen essays from leading young scholars cover five important areas of legal scholarship: adjudication, European law and politics, migration, vulnerable minorities, and legal values. The recurring theme in the volume is the way in which rules and processes are contributing to the creation of 21st Century 'others' in areas such as domestic constitutional systems, international security and migration, and global human rights discourses. The essays are drawn from the second International Graduate Legal Research Conference, held at King's College, London in June 2008.
This study of the EU response to the 11 September 2001 attacks demonstrates how European counter-terrorism law strengthens state powers of coercion and control and weakens the rule of law. In this expanded edition a new Afterword examines mass surveillance in Europe and the implications for data privacy, the increasing court scrutiny of counter-terrorist finance measures, and policies that aim to prevent combatants from taking part in terrorism overseas. It asks where the limits of legality lie - and whether courts and parliaments can safeguard political freedom in the face of ongoing efforts to combat terrorism. ' ... expertly analyses the principal strands of the EU's response - criminalisation, measures against terrorist financing, targeted sanctions, data surveillance and European Warrants ... Unique in its range and its depth, this is the essential guide to EU counter-terrorism law'. David Anderson QC, Independent Reviewer of Terrorism Legislation ' ... a comprehensive treatise on the European Union's tightening net of legal instruments aiming to constrain terrorism ... presents the law within its political and philosophical context ...'. Christina Eckes, Public Law ' ... impressively ahead of its time: coming before the Snowden revelations of quite how far counter-terrorism has been prepared to go, Murphy's book both prepares us for shocks like this and suggests a way that Europe can (and should) react'. Conor Gearty, Cambridge Law Journal
EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the "war on terror" before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013
Getting a PhD in Law is a unique guide to obtaining the degree of Doctor of Philosophy of Law in the UK. While there are a wide range of study guides for PhD students in the social sciences and other science-based disciplines, there is very little information available on the process of obtaining a PhD in law. Research degrees in law share some attributes with those in related disciplines, such as the humanities and social sciences. However, the legal methodology and the place of the PhD in the young lawyer's career creates unique challenges that have not been addressed by existing guides. Getting a PhD in Law fills this gap, providing an accessible guide to the process, from topic selection to thesis publication. This readable and informative guide is written by two graduates of the successful PhD program at the School of Law, King's College London. The book draws on interviews and case studies with students, supervisors, and examiners. Getting a PhD in Law will be essential reading for the growing numbers of PhD students in the UK's many law schools, as well as those internationally who wish to learn from the UK's best practice.
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