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Law at War: The Law as it Was and the Law as it Should Be
The authors of this volume have been inspired by the scholar to which this Liber Amicorum is dedicated - Professor Ove Bring - to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo. This collection brings together ins...
Negotiating Asylum
How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes...
War and Algorithm
New military technologies are animated by fantasies of perfect knowledge, lawfulness, and vision that contrast sharply with the very real limits of human understanding, law, and vision. Thus, various kinds of violent acts are proliferating while their precise nature remains unclear. Especially man–machine ensembles, guided by algorithms, are operating in ways that challenge conceptual understanding. War and Algorithm looks at the increasing power of algorithms in these emerging forms of warfare from the perspectives of critical theory, philosophy, legal studies, and visual studies. The contributions in this volume grapple with the challenges posed by algorithmic warfare and trace the roots of new forms of war in the technological practices and forms of representation of the digital age. Together, these contributions provide a first step toward understanding—and resisting—our emerging world of war.
Evidence in European Asylum Procedures
This book focuses on three European asylum procedures and the evidentiary assessment carried out in these. The interrelationship between these procedures and legal systems influencing them is explored and questions in relation to the harmonizing strivings of EU are posed.
Judging Refugees
Reveals the impossible demands for narrative placed on refugee applicants and their oral testimony within state processes for refugee status determination.
Refugee Law's Fact-Finding Crisis
Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.
The Limits of Transnational Law
State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
Conditioning Democratization
This book analyzes the effects of European Union membership conditionality on institutional reforms in Eastern Europe, building on concrete examples from four sectors in Albania and Macedonia, two postcommunist countries that have yet to join the EU. The author discusses the theory of “consociational democracy,” often considered the key to stabilizing deeply divided countries, and reapplies it on the international stage to argue for how the EU can better direct democratization.
The Global Reach of European Refugee Law
Examination of the worldwide emulation of key norms of European refugee protection through transnational processes and actors.
International Law and Indigenous Peoples
This volume, a collection of essays by a variety of scholars in the field of indigenous rights, originates from the Irish Centre for Human Rights at the National University of Ireland in Galway. It highlights those instances in the work of international organizations where advances have been made concerning indigenous rights. It also devotes attention to the Permanent Forum on Indigenous Issues, to the Committee on the Elimination of Racial Discrimination, and to a number of thematic issues in the field. The human rights situations facing indigenous peoples in Australia, Bangladesh, Canada, India, Kenya, Mexico, Nicaragua, Nigeria and South Africa are dealt with in separate chapters. These surveys show a range of reactions to the multiple problems of discrimination, or lack of proper responses, as far as domestic legislation, national implementation of the laws, and national compliance with the applicable international standards are concerned.
