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The Cyprus Issue
This is a book on the interrelationship of the EU legal order and the Cyprus issue. The book addresses a question which is of great significance for the legal order of the EU (as well as for Cypriots, Turks and Greeks), namely how the Union deals with the de facto division of the island. Despite the partial normalisation of relations between the two ethno-religious groups on the island, Cyprus' accession to the EU has not led to its reunification, nor to the restoration of human rights, nor a complete end to the political and economic isolation of the Turkish Cypriot community. Ironically enough, the accession of the island to the EU actually added a new dimension to the division of the isla...
Territorial Pluralism in Europe
Governmental powers can be apportioned vertically at different levels. Five levels of vertical government are distinguishable, moving from purely local to the truly global: (1) local, ie municipal or citywide; (2) substate-regional (3) State; (4) supranational, eg the European Union; (5) and arguably global eg the WTO and the UN. This book focuses on levels (2) (3) and (4). It intends to analyse the interaction of the constitutional and political orders of EU Member States that exhibit varying degrees of territorial pluralism, their sub-state entities and the supranational organisation to which they belong. It does so by comparing the division of competences for internal policies but also for external affairs, the various models of fiscal federalism and the different systems for the effective protection of individual and collective rights within various European multi-level constitutional orders. Following a functional method of comparative constitutional law, on which the ERC-funded European and National Constitutional law project is based, the current book provides for an important study of the application of the federal principle within the European constitutional space.
Children of the Dictatorship
Putting Greece back on the cultural and political map of the “Long 1960s,” this book traces the dissent and activism of anti-regime students during the dictatorship of the Colonels (1967-74). It explores the cultural as well as ideological protest of Greek student activists, illustrating how these “children of the dictatorship” managed to re-appropriate indigenous folk tradition for their “progressive” purposes and how their transnational exchange molded a particular local protest culture. It examines how the students’ social and political practices became a major source of pressure on the Colonels’ regime, finding its apogee in the three day Polytechnic uprising of November 1973 which laid the foundations for a total reshaping of Greek political culture in the following decades.
An Introduction to Public International Law
Provides an accessible, balanced, and nuanced introduction to public international law, with examples of how the law applies in practice.
Constitutionalism Under Extreme Conditions
This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Hea...
Territorial Politics and Secession
This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.
Civil Rights and EU Citizenship
The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus. Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies ...
Redefining EU Membership
Redefining EU Membership examines the issue of Membership within the European Union (EU) today by focusing on differentiation in and outside the EU. The Treaty on European Union unequivocally declares that the contracting parties are the Member States of the EU. However, a closer examination casts some doubt of the unitary status of Member States, or at least suggests that the concept requires nuancing. Whilst diversity, and to some extent differentiation, have been part and parcel of the European integration process since its inception, Redefining EU Membership proposes that, considering several developments, a new reflection on membership within the EU and on differentiation in and outside...
The Functions of International Adjudication and International Environmental Litigation
This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
Brexit: A Way Forward
The outcome of the European Union membership referendum in 2016 has presented the United Kingdom with one of its greatest challenges of modern times. As negotiations for an exit strategy continue, this volume looks to open up conversations on the socio-legal implications of such a monumental transition. Aimed at addressing issues relating to Brexit that affect every aspect of British society, this book seeks to not just list the problems but to offer viable solutions for “the way forward”. Divided into three parts, this book presents a comprehensive yet accessible discussion of the impact of Brexit on the United Kingdom. Part I brings together three social studies that reveal that Brexit...
