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The Global Administrative Law of Science
We live in a world of science. Yet this is impossible without a legally guaranteed freedom to practise it. Findings with regard to the elements of such freedom can be deduced from an analysis of international and domestic provisions and principles. There are a plethora of international institutions, legal rules and global norms for the purpose of the international governance of science. The institutions and rules are to be interpreted in light of this freedom to guarantee the continuous existence of the knowledge-based society by means of a global administrative law of science. These aspects were analysed in a research project funded by the German Research Foundation. The book’s purpose is to present the jurisprudential results. In addition, empirical results are collected in a freely available database. The study is composed of 5 parts: The Concept of Science/Global Administrative Law/Constitutional Basis: The Freedom of Science/Institutional Design/Governance Mechanisms.
Paths to Inclusion
The series is rounded off by this volume which focuses on "immigrant" policy, i.e., the ensemble of institutions, laws and social practices that are designed to facilitate the integration of immigrants and refugees into the receiving countries after they arrive. The chapters bring both theoretical and empirical analysis to bear on the processes of assimilation, migrants' development of transnational linkages, patterns of social and economic mobility in the immigrant and second generations, migrants' rights to public benefits and equal status, and the laws of citizenship in the two countries. The volume is highly interdisciplinary, drawing on the research of demographers, lawyers, and sociologists. It is also explicitly comparative, underscoring the similarities and differences in how the United States and Germany conceive of the role of immigrants in their societies and how the two nations incorporate them into civil and political society. Introductory and concluding chapters highlight the principal themes, findings, and policy implications of the volume.
Organizing Rebellion
The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of today's armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenh user's text will be essential to academics and practitioners alike.
Targeted Killings and International Law
Existing international law is capable to govern the “war on terror” also in the aftermath of September 11, 2001. The standards generally applicable to targeted killings are those of human rights law. Force may be used in order to address immediate threats, preventive killings are permitted under strict preconditions but targeted killings are prohibited. In the context of armed conflicts, these standards are complemented by international humanitarian law as lex specialis. Civilians may only be targeted while directly taking part in hostilities and posing a threat to the adversary. Also in Israel and the Occupied Territory, these standards apply. Contrary to the Israeli Supreme Court’s view, international humanitarian law is not complemented by human rights law, but human rights law is – to some degree – complemented by international humanitarian law. According to these standards, many killings which would be legal according to the Israeli Supreme Court violate international law.
Austrian Review of International and European Law 2001
The Austrian Review of International and European Law is an annual publication that provides a scholarly forum for the discussion of issues of public international and European law, with particular emphasis on topics of special interest for Austria. Its analytical articles focus on theoretical questions, current developments, and emerging tendencies in all areas of the field, including detailed reviews of relevant recent literature. Issues of human rights law and the law of international organisations are also covered. An important integral element of the Review is its digest of Austrian practice in public international law, encompassing both executive and judicial developments. The editorial board and advisory board comprise scholars and practitioners in public international and European law, ensuring that the Review adequately reflects the interrelationships between current developments and the continuing evolution of this important area of legal theory and practice.
Self-Determination and Humanitarian Secession in International Law of a Globalized World
This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains...
The Nature of International Law
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
The Law of Interactions Between International Organizations
The book analyses how international law addresses interactions between international organizations. In labour governance, these interactions are ubiquitous. They offer each organization an opportunity to promote its model of labour governance, yet simultaneously expose it to adverse influence from others. The book captures this ambivalence and examines the capacity of international law to mitigate it. Based on detailed case studies of mutual influence between the International Labour Organization, the World Bank, and the Council of Europe, the book offers an in-depth analysis of the pertinent law and its key challenges, both at institutional and inter-organizational level. The author envisions a law of inter-organizational interactions as a normative framework structuring interactions and enhancing the effectiveness and legitimacy of multi-institutional governance.
Tangled Transformations
Tangled Transformations presents a historical analysis of the interplay between German unification and European integration from the mid-1980s to the mid-1990s. Building on freshly released documents, the book’s sixteen chapters explore constellations in which the two processes accelerated and informed one another. The book highlights the role of Germany’s neighbours to the east, with chapters discussing the cotransformation between East and West as well as chapters dedicated to Poland, Romania, and Hungary. It sheds new light on the two interrelated processes by examining the role of Germany’s most important Western neighbours and partners: the United States, the United Kingdom, France, and Italy. The book pays particular attention to the role of the European Commission as well as to monetary and industrial policy. It also moves beyond the economic sphere by discussing foreign and security policy issues, justice and home affairs, German debates about European integration at the time, and the significance of the German federal states. Ultimately, Tangled Transformations demonstrates the strong interlinkages between German unification and European integration.
