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Radical Ethnic Movements in Contemporary Europe
Nation states and minorities resort more and more to violence when safeguarding their political interests. Although the violence in the Middle East has been dominating world politics for some time now, European governments have had their share of ethnic violence to contend with as this volume demonstrates. And as the case studies show, ranging as they do from the Basque Country to Chechnya, from Northern Ireland to Bosnia-Herzegovina, this applies to western Europe as much as to eastern Europe. However, in contrast to other parts of the world, instances where political struggles for power and social inclusion between minorities and majorities lead to full-fledged inter-ethnic warfare are still the exception; in the majority of cases conflicts are successfully de-escalated and even resolved. In a comprehensive conclusion, the volume offers a theoretical framework for the development of strategies to deal with violent ethnic conflict.
The Power and Purpose of International 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...
The Pilot-Judgment Procedure of the European Court of Human Rights
Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.
The End of the West?
The past several years have seen strong disagreements between the U.S. government and many of its European allies. News accounts of these challenges focus on isolated incidents and points of contention. The End of the West? addresses some basic questions: Are we witnessing a deepening transatlantic rift, with wide-ranging consequences for the future of world order? Or are today's foreign-policy disagreements the equivalent of dinner-table squabbles? What harm, if any, have events since 9/11 done to the enduring relationships between the U.S. government and its European counterparts? The contributors to this volume, whose backgrounds range from political science and history to economics, law, and sociology, examine the "deep structure" of an order that was first imposed by the Allies in 1945 and has been a central feature of world politics ever since. Creatively and insightfully blending theory and evidence, the chapters in The End of the West? examine core structural features of the transatlantic order to determine whether current disagreements are minor and transient or catastrophic and permanent.
International Legal Dimension of Terrorism
Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.
The Crime of Aggression under the Rome Statute of the International Criminal Court
This edition provides a comprehensively updated guide to the crime of aggression under the Statute of the International Criminal Court.
The Present and Future of European Family Law
The Present and Future of European Family Law explores the essence of European family law – and what its future may be. It compares and analyses existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an ‘institutional European family law’ have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an ‘organic European family law’ is beginning to emerge. The laws in many Euro...
Democracy in the European Union
An invaluable exploration of the concern that transfers of power to European Union institutions are producing a worrying new form of democratic deficit. While ongoing reforms of these institutions promise to render decision processes at European level more transparent and accountable, these expert authors examine whether there is a European public sphere for citizens and their representatives to discuss, deliberate and evaluate issues of public relevance. They show how the process of European integration has given rise to a new object of study – European society, and why key questions concerning identity, citizenship, democracy, government and institutions are being raised anew and are maj...
Comparative Law as Transnational Law
This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In offering different approaches to an understanding of transnational law, the chapters also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education.
