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The Admission of New States to the International Community
While the political relevance of the recognition of new states is beyond all doubt, the rules of law which apply to this aspect of public international law remain uncertain. The new practice of recognition of the recently established states of Eastern Europe and the former Soviet Union since 1991 is said to have overridden the traditional principles of public international law regarding recognition. Indeed, the predominant declarative theory cannot explain this new practice convincingly. The integration of a new state in the international community does not take place automatically, but through co-optation; that is, by individual and collective recognition on the part of the already existing...
Das Christentum und der Staat
Wie sieht das Verhältnis des Christentums zu staatlich organisierter politischer Herrschaft aus? Welchen Beitrag leistet es zur Herausbildung und geistigen Fundierung des modernen neuzeitlichen Staats? Diese Fragen werden häufig gestellt und - im Verlauf der Geschichte ebenso wie gegenwärtig - ganz unterschiedlich beantwortet. Die hier versammelten Beiträge von Robert Spaemann, Hans Maier, Josef Isensee, Udo Di Fabio und Wolfgang Huber gehen dieser Frage aus unterschiedlichen disziplinären Perspektiven nach. Ungeachtet mancher Bewertungsunterschiede im Einzelnen eint sie die wissenschaftlich je.
The Principle of Loyalty in EU Law
The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
Religious Freedom and Populism
Populism is a growing threat to human rights. They are appropriated, distorted, turned into empty words or even their opposite. The contributors to this volume examine these practices using the example of freedom of religion or belief, a human right that has become a particular target of right-wing populists and extremists worldwide. The contributions not only show the rhetorical patterns of appropriation and distortion, but also demonstrate for various countries which social dynamics favor the appropriation in each case and propose how to strengthen human rights and the culture of debate in democratic societies.
Unilateral Sanctions in International Law and the Enforcement of Human Rights
The Open Access publication of this book has been published with the support of the Swiss National Science Foundation. Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.
Säkularisierung und Sakralität
English summary: The return of religion does also provide a challenge for constitutional law. It may well appear that the structures of the modern, liberal and constitutional state, comprising full religious and ideological freedom for its citizens on the one hand and religious and ideological neutrality of the state on the other, have been firmly established. However, the question arises as to whether religious elements are fundamentally embedded in this supposedly fully secularized political community or if they are otherwise present in a conceptual, institutional or functional sense. Clearly, the answer is no. The liberal, constitutional state can and must also manage the resurgence of re...
The Fundamental Rules of the International Legal Order
This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.
The Power and Purpose of International Law
The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity...
