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Treaty Interpretation and the Vienna Convention on the Law of Treaties
Interpretation has always been a cornerstone of international adjudication. This book offers a comprehensive analysis, both on a theoretical and a practical level, of where the principles of interpretation enshrined in Articles 31-33 of the VCLT currently stand.
The Procedural and Organizational Law of the European Court of Justice
How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.
Borders, Fences and Walls
Twenty years after the fall of the Berlin Wall, the question remains ’Do good fences still make good neighbours’? Since the Great Wall of China, the Antonine Wall, built in Scotland to support Hadrian's Wall, the Roman ’Limes’ or the Danevirk fence, the ’wall’ has been a constant in the protection of defined entities claiming sovereignty, East and West. But is the wall more than an historical relict for the management of borders? In recent years, the wall has been given renewed vigour in North America, particularly along the U.S.-Mexico border, and in Israel-Palestine. But the success of these new walls in the development of friendly and orderly relations between nations (or inde...
Evolutions in the Law of International Organizations
Because of their increasing prevalence and diversity, International Organizations (IOs) are one of the most striking legal phenomena in contemporary international law. Evolutions in the Law of International Organizations, is a collection of essays discussing the ever-changing nature of IOs. It covers all the many considerable practical evolutions in the law of, offers a discussion of theoretical issues and proposes solutions to many crucial problems related to these institutional developments. The book explores controversial institutional issues arising from recent developments in the complex international practice of IOs and includes contributions about the definition of IOs, the role of "soft" IOs and regional IOs, the reformation of international financial institutions, and the liability of IOs for their actions, among others.
The Global Minimum Tax | Selected Issues on Pillar Two
Global Minimum Tax at a glance The OECD ́s Global Minimum Tax is amongst the most discussed topics in the recent international tax law debate. The book provides for more than 25 individual but co-ordinated essays on multiple relevant topics on Pillar Two is structured as follows: General Topics including the legal status of the GloBE Model Rules, their relation to tax treaties and EU Law, the GloBE STTR, the specifics of jurisdictional blending, their impact on tax competition and on tax incentives Scoping topics including the computation of the EUR 750 million threshold, the definition of MNE Group, territorial allocation of CEs and excluded entities Charging provisions, including GloBE ́...
What is a Fair International Society?
Today's world is post-colonial and post-Cold War. These twin characteristics explain why international society is also riddled with the two major forms of injustice which Nancy Fraser identified as afflicting national societies. First, the economic and social disparities between states caused outcry in the 1950s when the first steps were taken towards decolonisation. These inequalities, to which a number of emerging states now contribute, are still glaring and still pose the problem of the gap between formal equality and true equality. Second, international society is increasingly confronted with culture- and identity-related claims, stretching the dividing line between equality and differen...
Building Walls, Constructing Identities
States are erecting walls at their borders at a pace unmatched in history, and the wall between the United States and Mexico stands as an icon among these dividing structures. Much has been said about the US-Mexico border wall in the last few decades, yet American walling projects have a much longer history, dating back almost a century. Building Walls, Constructing Identities offers a rich account of this legal history, informed by two episodes of wall-building—the Act of August 19, 1935, and the Secure Fence Act of 2006. These two legislative periods illustrate that today's wall imprints onto the landscape a grammar of racial inequality underpinned by a settler colonial rationality. Marie-Eve Loiselle argues in favor of an account of the law that considers its material translation into space and identifies discursive processes by which the law and the wall come together to communicate legal knowledge about territory and identity.
Theories of International Responsibility Law
A dialogue between international responsibility lawyers and legal philosophers laying the groundwork for new research and legal reform.
