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International Law and Power
  • Language: en
  • Pages: 625

International Law and Power

Undoubtedly one of the paragons of public international law in contemporary times, Colin Warbrick is truly held in high esteem by his peers at home and abroad. His breadth of knowledge is reflected in a large number of scholarly works and in his appointment as a Specialist Adviser to the Select Committee on the Constitution of the House of Lords and as a consultant to both the Council of Europe and OSCE. This "festschrift" celebrates on his retirement as Barber Professor of Jurisprudence at Birmingham University, his extraordinary talent and academic career by bringing together a group of eminent judges, practitioners and academics to write on international human rights, international criminal justice and international order and security, fields in which Professor Warbrick has left an indelible mark.

Research Handbook on UN Sanctions and International Law
  • Language: en
  • Pages: 543

Research Handbook on UN Sanctions and International Law

  • Categories: Law

The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.

Division of Powers in European Union Law
  • Language: en
  • Pages: 354

Division of Powers in European Union Law

  • Categories: Law

The European Union has flourished and expanded over the last fifty years as a unique system that lies midway between a federal state and an anarchical international system. Different actors coexist within a cooperative hegemony of Member States, and the allocation of competences and decision-making among them has always been at the centre of the integration process. In fact, demands for clearer limits to the Unionand’s decision-making power and enduring tension over the nature and purpose of European integration have been the key drivers of integration and change. This deeply informed and thoughtful book thoroughly examines the manner in which the principle of division of powers has develop...

The Horn of Africa
  • Language: en
  • Pages: 261

The Horn of Africa

Why is the Horn such a distinctive part of Africa? This book, by one of the foremost scholars of the region, traces this question through its exceptional history and also probes the wildly divergent fates of the Horn’s contemporary nation-states, despite the striking regional particularity inherited from the colonial past. Christopher Clapham explores how the Horn’s peculiar topography gave rise to the Ethiopian empire, the sole African state not only to survive European colonialism, but also to participate in a colonial enterprise of its own. Its impact on its neighbours, present-day Djibouti, Eritrea, Somalia and Somaliland, created a region very different from that of post-colonial Af...

Fixing the Euro Within the National Constitutional Guardrails
  • Language: en
  • Pages: 525

Fixing the Euro Within the National Constitutional Guardrails

  • Categories: Law

EU fiscal integration is indispensable to establishing a stable single currency in the long run. However, this integration is proving ever more difficult in light of increasing national constitutional opposition. The author of this groundbreaking book shows that this dilemma between EU fiscal integration and national constitutional limits can be refuted. He provides a structured, comparative overview and outlook on how the available national constitutional space can be adapted to the political aspirations aiming at implementing EU fiscal integration steps while at the same time effectively protecting the national constitutional values at stake. Beginning with a macro-comparative assessment o...

The Power and Purpose of International Law
  • Language: en
  • Pages: 406

The Power and Purpose of International Law

  • Categories: Law

The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity...

EU Enlargement and the Failure of Conditionality
  • Language: en
  • Pages: 402

EU Enlargement and the Failure of Conditionality

  • Categories: Law

Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role...

Use of Force
  • Language: en
  • Pages: 418

Use of Force

  • Categories: Law

This book is among the few to develop in detail the proposition that international law on the subject of interstate force is better derived from practice than from treaties. Mark Weisburd assembles here a broad body of evidence to support practice-based rules of law on the subject of force. Analyses of a particular use of force by a state against another state generally begin with the language of the Charter of the United Nations. This approach is seriously flawed, argues Weisburd. States do not, in fact, behave as the Charter requires. If the legal rule regulating the use of force is the rule of the Charter, then law is nearly irrelevant to the interstate use of force. However, treaties lik...

The Law of the Sea in the Caribbean
  • Language: en
  • Pages: 469

The Law of the Sea in the Caribbean

  • Categories: Law
  • Type: Book
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  • Published: 2022-01-21
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  • Publisher: BRILL

A generation of legal pioneers imagined a decisive role for the law of the sea in the advancement of developing states. The jewel in the crown of that vision was the juridical recognition of significant wealth of the oceans as the common heritage of mankind. The Law of the Sea in the Caribbean gives an accounting of the reach of the law of the sea into Caribbean development. It argues for greater regional cooperation as a means of achieving the promise of the contribution of the sea towards the economic and social progression of Caribbean States.

Fault Lines of International Legitimacy
  • Language: en
  • Pages: 417

Fault Lines of International Legitimacy

  • Categories: Law

Fault Lines of International Legitimacy deals with the following questions: What are the features and functions of legitimacy in the international realm? How does international legitimacy, as exemplified in particular by multilateral norms, organizations, and policies, change over time? What role does the international distribution of power and its evolution have in the establishment and transformation of legitimacy paradigms? To what extent do democratic values account for the growing importance of legitimacy and the increasing difficulty of achieving it at the international and the national level? One of the central messages of the book is that, although the search for international legitimacy is an elusive endeavor, there is no alternative to it if we want to respond to the intertwined demands of justice and security and make them an integral and strategic part of international relations.