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Europeanisation, Soft Law and the Crisis
Influence of “hard” law on national policies still is a central topic in Europeanisation research. One aspect often overlooked is the impact of “soft” law instruments such as the “Open Method of Coordination” (OMC). Through the OMC all member states agree on common goals and exchange “best practices” to improve policy coordination in a certain area without the obligation (how) to design policies. OMC impacts in individual member states have been studied extensively, yet a comparative perspective explaining their variance is lacking. This study by Niclas Beinborn tries to fill this gap by analysing the different impacts of a recent OMC: the European Youth Strategy 2010 (EUYS)....
Human Flourishing: The End of Law
This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .
Orthodox Churches and Politics in Southeastern Europe
Orthodox Churches, like most religious bodies, are inherently political: they seek to defend their core values and must engage in politics to do so, whether by promoting certain legislation or seeking to block other legislation. This volume examines the politics of Orthodox Churches in Southeastern Europe, emphasizing three key modes of resistance to the influence of (Western) liberal values: Nationalism (presenting themselves as protectors of the national being), Conservatism (defending traditional values such as the “traditional family”), and Intolerance (of both non-Orthodox faiths and sexual minorities). The chapters in this volume present case studies of all the Orthodox Churches of the region.
Eastern Christianity and Politics in the Twenty-First Century
This book provides an up-to-date, comprehensive overview of Eastern Christian churches in Europe, the Middle East, America, Africa, Asia and Australia. Written by leading international scholars in the field, it examines both Orthodox and Oriental churches from the end of the Cold War up to the present day. The book offers a unique insight into the myriad church-state relations in Eastern Christianity and tackles contemporary concerns, opportunities and challenges, such as religious revival after the fall of communism; churches and democracy; relations between Orthodox, Catholic and Greek Catholic churches; religious education and monastic life; the size and structure of congregations; and the impact of migration, secularisation and globalisation on Eastern Christianity in the twenty-first century.
Popularization and Knowledge Mediation in the Law. Popularisierung und Wissensvermittlung im Recht
This volume widens the scope of Legal Linguistics from the traditional focus on performative texts like statutes to the popularization of legal knowledge for different purposes. The chapters, written in English, German or French, discuss the theoretical basis and methods and investigate popularization efforts by national institutions, law firms and community websites. The objects of study cover a variety of modes and media from different national contexts reaching from print folders over online written texts to YouTube videos and movies.
Rethinking Participation in Global Governance
This addition to the 'Law and Global Governance Series' examines participation of stakeholders in treaty-based intergovernmental organizations. Readers are offered a comprehensive account of what has been done to facilitate the participation of previously neglected stakeholders.
Contract Interpretation in Investment Treaty Arbitration
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
International Development Law
This volume brings together articles on international development law from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resource for scholars, students, and practitioners of international development law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.
Self-Spreading Biotechnology and International Law
Wer haftet, wenn sich selbst ausbreitende Gentechnik grenzüberschreitende Schäden verursacht? Mit Gene Drives und ähnlichen Verfahren wird es bald möglich sein, das Erbgut wild lebender Arten, Keime und Nutzpflanzen direkt in der Umwelt zu verändern. Dies könnte helfen, drängende Probleme in der öffentlichen Gesundheit, im Naturschutz und in der Ernährungssicherheit zu lösen. Allerdings bergen diese Verfahren auch das Risiko einer unkontrollierten Ausbreitung über Staatsgrenzen hinweg. Anhand einer grundlegenden Untersuchung der einschlägigen Verträge und des Völkergewohnheitsrechts zu Prävention und Haftung für grenzüberschreitende Schäden wird aufgezeigt, dass das derzeit geltende Völkerrecht dieser Herausforderung noch nicht gewachsen ist.
Social Regulation in the WTO
'Recourse to restrictions of international trade for the promotion of non-economic goals is at the heart of international trade regulation. This book offers a fresh, broad, but equally detailed analysis of such restrictions. It places WTO law in the broader framework of public international law and explores new ways and means as to how tensions and conflict in the pursuit of non-economic policy goals should be addressed. It is essential reading for all seeking answers beyond the existing framework of WTO law and policies.' Thomas Cottier, World Trade Institute, University of Bern, Switzerland and Institute of European and International Economic Law 'This book presents a thoughtful and very r...
