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Secondary Rules of Primary Importance in International Law
This volume emphasizes the consequential nature of secondary rules of international law (such as attribution, causality, and the standard and burden of proof) and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators.
Domestic Courts and the Interpretation of International Law
Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
Democratization and the European Union
This book examines in depth the impact of the EU on aspects of the quality of democracy in eight selected post-communist countries. Considering both the political and legal aspects of the dynamics among institutions and focussing on inter-institutional accountability, the book analyses how constitutional designs have been effectively implemented to achieve this, and to what extent this was the result of EU action. In order to make a comparative assessment of the EU on democracies, the book features detailed case studies according to their different status vis-à-vis the EU, including older new member states: Poland and Hungary; newer new member states: Romania and Bulgaria; potential candida...
The Functions of International Adjudication and International Environmental Litigation
Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.
International Investment Law and General International Law
This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law.
Armed Intervention and Consent
In the past decade, numerous military operations by outside states have relied on the real or alleged 'invitation' of one of the parties. In this book, three experts examine the relevant legal issues, from sovereignty to the scope and relevance of consent, the use of force to the role of the Security of Council. Using critical historical analysis, qualitative case studies and large-N empirics, these topics are debated and addressed in a unique trialogue format. Accommodating the pluralism of the field, the trialogical setting highlights the divergences and commonalities of each of the three approaches. Benefiting from an in-depth analysis of recent cases of armed intervention and the diversity of the authors' perspectives, this collection is key to developing a richer understanding of the law of military intervention. This title is also available as Open Access on Cambridge Core.
The Use of Force and International Law
Newly revised, this textbook provides an authoritative conceptual and practical overview of international law governing the resort to force. Following an introductory chapter, with a section on the key issues in identifying the law and actual and potential changes to it, the book addresses the breadth and scope of the prohibition of the threat or use of force and the meaning of 'force' as the focus of this. The book proceeds to address the use of force through the United Nations and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, the controversial right of humanitarian intervention, and forcible interventions in civil conflicts. Updated to include greater focus on aspects such as cyber operations, the threat of force, and the 'human element' to the use force, as well as the inclusion of recent developments such as the 2022 Russian invasion of Ukraine, it seeks to address the contemporary legal framework through the prism of contemporary challenges that it currently faces.
Constitutional Developments of the Habsburg Empire in the Last Decades before its Fall
In the aftermath of the Polish-Hungarian Conference held in Cracow in 2007 there has been published the present volume. It is exponential of the cooperation between the legal historians of the Cracow and Pecs Universities. The participants of the Conference discussed at length the topics concerned with the constitutional developments in the Austro-Hungarian empire in the final era of its existence. A series of articles published in the volume are illustrative of the Rechtsstaat tendencies as detectable in the functioning of the Austro-Hungarian administration and the judiciary, and also in the field of Church-State relationships. Against that background there is also discussed the liberalism...
Civil Regulation of Autonomous Unmanned Aircraft Systems in Europe
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline, thanks to generous funding support from the European UnionÕs Horizon 2020 research and innovation programme. This comprehensive book presents a unique and in depth overview of the regulatory frameworks governing Unmanned Aircraft Systems (UAS) across 11 European jurisdictions. It emphasises the complex and evolving nature of aviation law as it is applied to UAS technology and demonstrates the need for a more cohesive legal framework in this sector.
Comparative Human Rights Diplomacy
This book provides a comprehensive picture of the human rights diplomacy of the sub-Saharan African states, Asian states, Muslim states, the European Union, and the Latin American and Caribbean states. The book is based on the assumption that the religious and cultural norms of all important civilizations/cultures/religions can be reconciled, within certain limits, with the international human rights standards. The book explodes the myth that the UN Human Rights Council has become a platform for a “clash of civilizations”.
