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The book provides a succinct and much needed introduction to the Council of Europe from its foundation through the early conventions on human rights and culture to its expansion into the fields of social affairs, environment and education. Founded in 1949 within a month of NATO, the Council of Europe was the hub of political debate about integrating Europe after the Second World War. After the Berlin Wall came down in 1989, it was thrust into the limelight again as the test bed where all newly liberated European states had to prove their democratic credentials. Now it is the political arena in which the closely integrating states of the European Union face the twenty European states still ou...
The Council of Europe is the oldest of European institutions. Under the banner of human rights and democracy, it brings together 47 member states, ranging from Finland to Turkey and from Switzerland to Russia. Its Parliamentary Assembly represents over 800 million Europeans and its conventions For The protection of social and fundamental rights are among the most successful in the world. However, this organisation receives little recognition and is still frequently confused with the European Union. Building upon the momentum created during the celebrations of the Council of Europe's 60th anniversary, this publication offers an opportunity to rediscover its history, activities and achievements
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR's constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.
An Introduction to European Intergovernmental Organizations provides an up-to-date and accessible reference to European intergovernmental organizations other than the European Union. The EU is so dominant that people often overlook the multitude of older and newer, smaller and larger intergovernmental organizations rooted in the history of contemporary Europe which continue to help shape its future. The specialized character of these organizations adds value to cooperation in Europe as a whole, creates permanent channels of communication regardless of EU membership and allows the possibility for non-European involvement through organizations such as the European Bank for Reconstruction and D...
This book emerged from an extended seminar series held in Edinburgh Law School which sought to explore the complex constitutional arrangements of the European legal space as an inter-connected mosaic. There has been much recent debate concerning the constitutional future of Europe, focusing almost exclusively upon the EU in the context of the (failed) Constitutional Treaty of 2003-5 and the subsequent Treatyof Lisbon. The premise of the book is that this focus, while indispensable, offers only a partial vision of the complex constitutional terrain of contemporary Europe. In addition, it is essential to explore other threads of normative authority within and across states, embracing internal ...
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In the late 1960s and early 1970s, governments in North America and Western Europe faced a new transnational threat: militants who crossed borders with impunity to commit attacks. These violent actors cooperated in hijacking planes, taking hostages, and organizing assassinations, often in the name of national liberation movements from the decolonizing world. How did this form of political violence become what we know today as “international terrorism”—lacking in legitimacy and categorized first and foremost as a crime? To Deter and Punish examines why and how the United States and its Western European allies came to treat nonstate “terrorists” as a key threat to their security and ...
This book explores how norms-based international organizations, namely the Council of Europe and the OSCE, are still able to win in world politics. Fawn uses the concept of internal conditionality to explain how these organizations have been able to respond to members with a lack of material incentives or instruments of coercion.