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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.
Extreme floods cause enormous damage in floodplains, which levees cannot prevent. Therefore, it is vital for spatial planning to provide space for water retention in these areas. Land use planners, water management agencies, landowners, and policymakers all agree on this challenge, but attempts to make the space for rivers to provide retention are generally not very successful. Adopting an innovative interdisciplinary approach, this book examines how society can manage the use of the floodplains along rivers in the face of extreme floods, focusing in particular on the relation between social arrangements and the elemental forces of floods. The book firstly analyses why contemporary floodplai...
This book examines recognition of new states, the practice historically employed to regulate membership in international society. The last twenty years have witnessed new or lingering demands for statehood in different areas of the world. The claims of some, like those of Bosnia and Herzegovina, Eritrea, Croatia, Georgia and East Timor, have achieved general recognition; those of others, like Kosovo, Tamil Eelam, South Ossetia, Abkhazia and Somaliland, have not. However, even as most of these claims gave rise to major conflicts and international controversies, the criteria for acknowledgment of new states have elicited little systematic scholarship. Drawing upon writings of English School th...
This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts...
This two-volume handbook provides readers with a comprehensive interpretation of globality through the multifaceted prism of the humanities and social sciences. Key concepts and symbolizations rooted in and shaped by European academic traditions are discussed and reinterpreted under the conditions of the global turn. Highlighting consistent anthropological features and socio-cultural realities, the handbook gathers coherently structured articles written by 110 professors in the humanities and social sciences at Bonn University, Germany, who initiate a global dialogue on meaningful and sustainable notions of human life in the age of globality. Volume 1 introduces readers to various interpretations of globality, and discusses notions of human development, communication and aesthetics. Volume 2 covers notions of technical meaning, of political and moral order, and reflections on the shaping of globality.
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Legal academics in Europe publish a wide variety of materials including books, articles and essays, in an assortment of languages, and for a diverse readership. As a consequence, this variety can pose a problem for the evaluation of academic legal research. This thought-provoking book offers an overview of the legal and policy norms, methods and criteria applied in the evaluation of academic legal research, from a comparative perspective.
This book explores the concept of academic freedom from a European vantage point. Drawing on both philosophical and legal perspectives, the editors and contributors analyse the concept of academic freedom within the present institutional setting. Academic freedom has long been considered a natural part of higher education, but as the world enters the digital age, a renewed understanding of its role and the threats it must face is required. The authors question the purpose of science without freedom, and subsequently the purpose of political communities without free science. Although the book uses European case studies to answer these questions, it undoubtedly has global relevance: what would be left of the present notion of the ‘global world’ were we to conceive of its character without modern science? This book calls for a critical re-examination of the academic community and its own understanding of the sources, conditions and aims of scientific practice.
Deepening the discussion of the relationship between Islamic law and human rights, this volume gathers leading experts in both fields to examine how each system protects and limits fundamental freedoms. From gender equality to freedom of religion the book explores the main flashpoints in the debate, examining the operation of the law in context.
Recent developments, including anti-democratic moves by governments in Hungary, India, and Turkey and the rise of populist leaders, demonstrate the threat posed to democratic values by legal revolution and other acts committed within the confines of the system. Militant democracy, a form of constitutional entrenchment, can protect these values from the harmful influence of illiberal regimes. However, critics and proponents alike wonder whether these tactics risk undermining democracy in the process of trying to save it. Democracy despite Itself advances a liberal normative theory of militant democracy by combining American philosopher John Rawls' political liberalism with German jurist Carl ...