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Legitimacy in International Law
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
The Max Planck Handbooks in European Public Law
This series analyses the public law of the European legal space, which encompasses the law of the EU, the European Convention on Human Rights, and the domestic public laws of European states. This volume analyses the history, organization, and procedure of constitutional adjudication and outlines the historical process and current outlook.
The Decline and Fall of the American Republic
Constitutional thought is currently dominated by heroic tales of the Founding Fathers — who built an Enlightenment machine that can tick-tock its way into the twenty-first century, with a little fine-tuning by the Supreme Court. However, according to Bruce Ackerman, the modern presidency is far more dangerous today than it was when Arthur Schlesinger published the Imperial Presidency in 1973. In this book, he explores how the interaction of changes in the party system, mass communications, the bureaucracy, and the military have made the modern presidency too powerful and a threat to liberal constitutionalism and democracy. Ackerman argues that the principles of constitutional legitimacy ha...
The Outer Limits of the Continental Shelf
A. The Outer Limits of the Continental Shelf The 1982 United Nations Convention on the Law of the Sea (herein- ter the “Convention”) marks the beginning of a new era in the law of 1 the sea. The negotiations for this treaty at the Third United Nations Conference for the Law of the Sea (hereinafter “UNCLOS III”), lasted for nine years, from 1973 to 1982. The Convention regulates the principal aspects of international oceans affairs. It establishes and fixes the limits of maritime zones, provides for the rights and duties of states in these zones, establishes the law app- cable in the international seabed area on the basis of the principle of common heritage of mankind, imposes obligat...
Far-Right Newspeak and the Future of Liberal Democracy
This book is the first systematic, multicountry exploration of far-right Newspeak. The contributors analyze the ways in which contemporary far-right politicians, intellectuals, and pundits use and abuse traditional liberal concepts and ideas to justify positions that threaten democratic institutions and liberal principles. They explore cases of both far-right and right-wing thought in eastern and western Europe, the United States, and Canada. Subjects include well-known figures, such as Marine Le Pen, Tucker Carlson, Peter Thiel, Nick Griffin, Thierry Baudet, Jordan Peterson, Russell Brand, and Viktor Orbán, and lesser-known names, such as the Czech politician Tomio Okamura and the Internet...
German Practice in International Law: Volume 1
Customary international law is based on State practice. This book presents the international law practice of Germany, the world's fourth-largest economy and a powerhouse of the European Union. That practice makes an important contribution to the creation and development of customary international law. It is the first and only presentation in English of German practice in the field of international law. The 2019 volume also provides comprehensive coverage of Germany's membership of the United Nations Security Council. The book combines a case study approach, providing analysis and commentary on Germany's practice, with a classic digest of primary materials, including diplomatic correspondence, statements and court decisions. The book is an ideal complement to other compilations of international law practice and is an essential resource for scholars and practitioners of international law. It will also be of interest to scholars of international relations, politics and diplomatic studies.
Neoliberal Nationalism
Shows how liberal, neoliberal, and nationalist ideas have combined to impact Western states' immigration and citizenship policies.
The Recognition of States
This book investigates the historical evolution of State recognition. It offers an overview of the contemporary concept, illustrates the central complexities, and, by applying an interdisciplinary perspective, provides an in-depth examination of its development in doctrine and practice in the respective historical context, while focusing particularly on the recognition requirements. (Series: International Law and International Relations / Volkerrecht und internationale Beziehungen - Vol. 11) [Subject: History]
Religion in the Public Sphere: A Comparative Analysis of German, Israeli, American and International Law
How closely connected should church and state be? May a state endorse the role and meaning of religion at all? Can it treat distinct religious groups differently? This book addresses these questions and more through a portrayal and comparison of the legal systems of Germany, Israel, France, and the United States. This thought-provoking book brings the often opposing demands of religious and secular freedoms into clear focus.
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.
