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International Judicial Lawmaking
Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.
United Nations Peace Operations and Human Rights
In United Nations Peace Operations and Human Rights: Normativity and Compliance Sylvia Maus offers a comprehensive account of the human rights obligations of United Nations peace operations with a dual focus on the applicability and the content of UN peace operations’ human rights obligations. Selected case studies show a triad of human rights gaps: a protection gap, an accountability gap and a remedy gap. Going further than purely legal studies on the subject, Maus makes use of international relations theory and addresses considerations of reputation and legitimacy as reasons for (non-)compliance with human rights by the UN. Based on this interdisciplinary approach, she convincingly proposes ways for enhancing human rights compliance in UN peace operations.
International Dispute Settlement: Room for Innovations?
This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.
Making Aggression a Crime Under Domestic Law
This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the “supreme international crime” that gave birth to international criminal law in Nuremberg, its ICC Statute definition has been incorporated into domestic law by fewer than 20 States. The crime of aggression was also omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current inability of the International Criminal Court to respond to the Russian aggression towards Ukraine invites the continuation of these academic de...
Hate Crimes in Comparative Legal Perspective
Hate Crimes in Comparative Legal Perspective expertly analyses the current legislative, jurisprudential and statistical trends in hate crimes across Europe, comparing them with the evolution of international standards and with the dominant legislative model in common law countries.
Fairness in Intellectual Property Law
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This book contends that the concept of fairness should be embraced and developed as a middle ground between strictly utilitarian and fundamental rights-based approaches to intellectual property (IP) law. Annette Kur, Nari Lee and Anna Tischner provide elegant arguments as to why this should be the case, and offer insights into how the operation of fairness as a legal notion can fulfil the role of mediator between the property aspects of IP law, market regulation and general welfare.
Domesticating International Criminal Law
This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate int...
Judges, Law and War
This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
Military Necessity
Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.
Research Handbook on Global Administrative Law
This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook’s perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with part...
