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For some time, the word 'crisis' has been dominating international
political discourse. But this is nothing new. Crisis has always
been part of the discipline of international law. History indeed
shows that international law has developed through reacting to
previous experiences of crisis, reflecting an agreement on what it
takes to avoid their repetition. However, human society evolves and
challenges existing rules, structures, and agreements.
International law is confronted with questions as to the
suitability of the existing legal framework for new stages of
development. Ulrich and Ziemele here bring together an expert group
of scholars to address the question of how international law
confronts crises today in terms of legal thought, rule-making, and
rule-application. The editors have characterized international law
and crisis discourse as one of a dialectical nature, and have
grouped the articles contained in the volume under four main
themes: security, immunities, sustainable development, and
philosophical perspectives. Each theme pertains to an area of
international law which at the present moment in time is subject to
notable challenges and confrontations from developments in human
society. The surprising general conclusion which emerges is that,
by and large, the international legal system contains concepts,
principles, rules, mechanisms and formats for addressing the
various developments that may prima facie seem to challenge these
very same elements of the system. Their use, however, requires
informed policy decisions.
There has always been some discomfort about reservations in
relation to international obligations of States applicable to
individuals. This apprehension was once again brought to the
forefront of the international normative process with General
Comment No. 24 of the Human Rights Committee and the work of the
International Law Commission on reservations to treaties.
This book is a contribution to the debate on reservations to human
rights treaties. Several key questions are addressed. Can the
reservations' regime, as codified in the 1969 Vienna Convention on
the Law of Treaties, adequately address human rights relationships?
Is there a danger of further fragmentation of international law if
human rights treaties were to be treated differently as concerns
the reservations'regime applicable to these treaties? Should the
distinction be made between the validity of a reservation and the
effects of a reservation found to be invalid? These and other
questions continue to generate a variety of answers.
High hopes were placed in the ability of the European Convention
and the Court of Human Rights to help realise fundamental freedoms
and civil and political rights in the post-communist countries.
This book explores the effects of the Strasbourg human rights
system on the domestic law, politics and reality of the new member
states. With contributions by past and present judges of the
European Court of Human Rights and assorted constitutional courts,
this book provides an insider view of the relationship between
Central and Eastern European states and the ECHR, and examines the
fundamental role played by the ECHR in the process of
democratisation, particularly the areas of the right to liberty,
the right to propriety, freedom of expression, and minorities'
rights.
High hopes were placed in the ability of the European Convention
and the Court of Human Rights to help realise fundamental freedoms
and civil and political rights in the post-communist countries.
This book explores the effects of the Strasbourg human rights
system on the domestic law, politics and reality of the new member
states. With contributions by past and present judges of the
European Court of Human Rights and assorted constitutional courts,
this book provides an insider view of the relationship between
Central and Eastern European states and the ECHR, and examines the
fundamental role played by the ECHR in the process of
democratisation, particularly the areas of the right to liberty,
the right to propriety, freedom of expression, and minorities'
rights.
This volume of the Baltic Yearbook of International Law contains
articles based on presentations delivered at the Annual Conference
of the European Society of International Law which took place in
Riga, Latvia, from 8-10 September 2016. Among the selected authors,
the Yearbook is pleased to continue to introduce new authors from
the region. The Baltic Yearbook of International Law is the first
legal journal in the field of international law published under the
auspices of the Baltic Editorial Board that attempts to bring to
the international debate the issues that are of importance in the
Baltic States and provides a forum for the views of, among others,
Baltic international scholars on various topical themes of
international law. The first volume appeared in 2001 with the
symposium on the question of International Legal Status of the
Baltic States. The Yearbook contains State practice reports from
Estonia, Latvia and Lithuania and thus serves as an important
source of information that is not available elsewhere. On several
occasions the Yearbook has offered articles discussing the history
of international law and current issues in Eastern Europe and the
Russian Federation, thus making more accessible a regional
discourse to a wider audience in the world.
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