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This book develops an interdisciplinary conceptualisation and a practical application of virtue ethics to leadership in international organisations.
Bringing together eminent International Relations (IR) scholars from China and the West, this book examines moral realism from a range of different perspectives. Through its analyses, it verifies the robustness of moral realism in IR theory. The first section of the book is written by Chinese scholars and dedicated to debates about how moral realism relates to traditional schools of IR theory. The latter portion, provided by Western contributors, critically investigates both the universal and practical values of moral realism. Finally, Yan Xuetong concludes by responding constructively to all criticisms and further exploring the nature and characteristics of interstate leadership in moral realism.
Considers the legitimacy and authority of international law, showing how it can be more than simply an exercise of power.
The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.
Virtue in Global Governance offers a framework and vocabulary for discussing the virtues in international affairs.
This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.
Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part...
Friedrich Kratochwil is the author of the classic book: Rules, Norms and Decisions (1989), which introduced constructivism to international relations and has had a profound and significant impact on the discipline. The Puzzle of Politics brings together for the first time a collection of his key essays to explain his approach to international relations and how his thinking has developed over the last 30 years. It addresses topical themes and issues central to his work including sovereignty, law, epistemology, boundaries, global governance and world society. The book includes a framing introduction written for this volume in which Kratochwil provides an intellectual biography providing contex...
This book details how capital punishment violates universal human rights and traces the evolution of the world's understanding of torture.
The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.