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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...
Legal Constraints on EU Member States in Drafting Accession Agreements
Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in this regard? That is the main question this book addresses. It argues that such constraints do exist, and seeks to identify them, thereby providing a number of insights into the nature of the EU’s legal order. The point of departure as well as the main focus of the study is the proposed permanent safeguard clause (PSC) on the free movement of persons in the Negotiating Framework for Turkey. Legal provisions, rules, principles and norms that might constrain Member States in this regard are identified with reference to the PSC. The book examines con...
The Informalisation of the EU's External Action in the Field of Migration and Asylum
This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how ...
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...
European Societies, Migration, and the Law
Looks at immigration and asylum legislation and polices in Europe to investigate how immigrants are 'othered' by them.
Consenting to International Law
The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. Various specialists of international law and the philosophy of international law have been invited to explore the different questions this raises in what is the first edited volume on consent to international law in English language. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions.
Net Zero and Natural Resources Law
States, corporations, and other actors worldwide have committed to measures aimed at bringing down global emissions to net zero by the year 2060 or earlier. While the need for a clean energy transition is clear, incoherently designed transition programs can pose complex environmental, social, and governance risks, including legal liability and protracted disputes. At the same time, the rush for minerals needed to manufacture clean energy technologies raises fundamental questions–most crucially, how to ensure the exploration and development of energy transition minerals in a manner that does not exacerbate resource conflicts, resource nationalism, human rights violations, protectionism, ene...
Understanding the EU as a Good Global Actor
This timely book investigates the EU’s multi-faceted development as a global actor, unpacking its legal mission to be a ‘good’ actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of ‘goodness’ in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject.
Research Handbook on EU Migration and Asylum Law
This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.
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.
