This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.

This volume examines the investigation by the 1975 Senate Select Committee (a ~Church Committeea (TM)) into US intelligence abuses during the Cold War, and considers its lessons for the current a ~war on terrora (TM).

This report remains the most thorough public record of Americaa (TM)s intelligence services, and many of the legal boundaries operating on US intelligence agencies today are the direct result of reforms proposed by the Church Committee, including the Foreign Intelligence Surveillance Act. The Church Committee also drew attention to the importance of constitutional government as a Congressional body overseeing the activities of the Executive branch. Placing the legacy of the Church Committee in the context of the contemporary debate over US national security and democratic governance, the book brings together contributions from distinguished policy leaders and scholars of law, intelligence and political science.

In Comparative Law as Transnational Law: A Decade of the German Law Journal, Russell A. Miller and Peer C. Zumbansen have assembled the works of scholars from around the world, forming a richly contextual demonstration of the increasing encounters and tensions among legal cultures. In recognizing the lack of consensus on how to define transnational law, Miller and Zumbansen have carefully selected works that originally appeared in the German Law Journal in order to help readers to grasp the challenges of defining transnational law, and to appreciate the differing approaches towards it.
Some, for example, maintain that the processes of transnationalization has created a space for a new, discrete corpus of law--a field in its own right that is the equal of public international law or conflict of laws. Others understand the perceived transnational phenomena to be illustrations of an emerging legal culture that no longer fits the traditional distinction between national and international jurisdictions. In offering different approaches to such an understanding of transnational law, these works also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education.

This volume examines the investigation by the 1975 Senate Select Committee ('Church Committee') into US intelligence abuses during the Cold War, and considers its lessons for the current 'war on terror'.

This report remains the most thorough public record of America's intelligence services, and many of the legal boundaries operating on US intelligence agencies today are the direct result of reforms proposed by the Church Committee, including the Foreign Intelligence Surveillance Act. The Church Committee also drew attention to the importance of constitutional government as a Congressional body overseeing the activities of the Executive branch. Placing the legacy of the Church Committee in the context of the contemporary debate over US national security and democratic governance, the book brings together contributions from distinguished policy leaders and scholars of law, intelligence and political science.

Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.

First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions.Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.

Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.

First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions.Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.

This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.