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EU Common Foreign and Security Policy After Lisbon
This strongly interdisciplinary book provides a first tentative evaluation of the role that geopolitics plays in shaping the genesis and functioning of the law of EU Common Foreign and Security Policy (CFSP). It introduces the reader to the geopolitical context of the EU and of its main neighbours, as well as to the legal architecture of CFSP. The book then presents selected cases of the Union’s action (or inaction) in CFSP since 2009. These show the key argument of the book: the law of CFSP is not entirely fit for purposes as it does not reflect the geopolitical reality of the continent. The book reflects on such geopolitical reality as it results, in particular, from the 2004 EU enlargement, and comments upon three key issues of the CFSP legal framework: issues of coherence, accountability, and effectiveness. With its fusion of law and geopolitics, the book will be invaluable for students of EU foreign policy and EU external relations law.
Cynical International Law?
Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.
Enhancing the Rule of Law in the European Union’s External Action
This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.
Addressing Hybrid Threats
Combining rich theoretical analysis with real-world examples, this erudite book navigates EU law in the context of hybrid threats, examining how security issues affect themes of constitutional law at the heart of a democratic system. Presenting doctrinal and historical insights, the book not only considers the different types of hybrid threats, but also how they are increasingly showing that traditional understandings of security risk are becoming obsolete. Bringing together leading experts in the fields of security, anthropology, and EU law, chapters map out the EU and NATO's responses to five hybrid threats: disinformation, instrumentalisation of migration, cyberthreats, abuses of energy r...
The Principle of Solidarity
This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous. The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interactio...
The Authority of the International Committee of the Red Cross
This book conducts the first ever comprehensive study of the ICRC’s interpretations and law-ascertainments. It analyses in detail their impact on the development of international humanitarian law and international law in general as well as the reasons for their impact. This analysis involves the discussion of the ICRC’s authority. Is it legal or just factual authority? The analysis also illuminates the direction that IHL – and international law in general – develops. This insight sheds light on the question of the current type of international law, i.e., what international law is and who makes it.
Insight Turkey / Winter 2023 • Volume 25 - No. 1
On May 14, 2023, Türkiye will hold both the presidential and the parliamentarian elections, in which the Turkish people will choose the president and all 600 members of the Turkish Parliament. This will be the second elections since the transition to the presidential system in 2017. After the first elections, held in June 2018, Recep Tayyip Erdoğan was elected as the first president of the new governmental system, and AK Party received more than 42 percent of the total votes, winning almost half of the seats in parliament. As in the first elections, two major political blocs will compete, namely, the People’s Alliance (Cumhur İttifakı) and the Nation Alliance (Millet İttifakı). The P...
Global Politics and EU Trade Policy
This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.
Russia's 2022 War Against Ukraine and the Foreign Policy Reaction of the EU
This book offers an accessible and rigorous introduction to the context, diplomacy, and law of the European Union’s response to Russia's 2022 invasion of Ukraine. The book explores how the EU responded to the war in the initial months, and is based on research carried out on Russian and European political, diplomatic, and legal texts. Presenting a unique interdisciplinary perspective, the book delves into topics such as the EU diplomatic response, the Ukrainian application for membership of the EU, the policy and legal aspects of EU sanctions against Russia and Belarus. Additionally, the book examines the significance of the EU’s unprecedented political response for the constitutional structure of the EU, and for the strategy toward the Russia of the future.
Apex Courts and the Common Law
For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.
