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The Reception of International Law in the European Court of Human Rights
The growing number of international courts and tribunals and their bourgeoning case law have fuelled concerns about the fragmentation of international law. This arises as a consequence of both the specialized regimes these courts create and the multiple ways in which they may interpret international law emanating from other sources. This book considers this issue by examining the busiest and arguably most successful international court, the European Court of Human Rights. More specifically, it focuses on the jurisprudence of the Court and its predecessor, the European Commission of Human Rights, covering a range of special human rights regimes, treaty law, and the case law of the International Court of Justice. The author assesses whether the Court has been able to adopt a coherent, comprehensive approach to the interpretation and evaluation of international law and thus the extent to which it has been able to contribute to the development and coherence of international law.
Citizenship and Security
This book engages the intense relationship between citizenship and security in modern politics. It focuses on questions of citizenship in security analysis in order to critically evaluate how political being is and can be constituted in relation to securitising practices. In light of contemporary issues and events such as human rights regimes, terrorism, identity control, commercialisation of security, diaspora, and border policies, this book addresses a citizenship deficit in security studies. The chapters introduce several key political themes that characterise the interplays between citizenship and security: changes in citizenship regimes, the renewed insecurity of citizenship-state relat...
International Trade Disputes and EU Liability
Assessment of EU liability for damage resulting from retaliation imposed under the WTO system in disputes triggered by the EU.
Oxford Studies in Philosophy of Law Volume 5
Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.
The Power of Process
This book examines the need to develop a due process framework having regard to the uniquely political and crisis-based context in which the Security Council operates.
Securing Human Rights?
Throughout the first decades of its existence, many held the view that the UN Security Council would in some senses automatically encourage the protection of human rights by maintaining international peace. However since the end of the Cold War there have been growing concerns that the Council is a force with the potential to do harm to the cause of human rights, even to the extent of violating the rights of individuals. The chapters of this volume take a closer look at these two sides of the Security Council's involvement in human rights; both its efforts to promote and enforce human rights, and its actions that, with the intention of maintaining and restoring international peace, also have...
The European Union as a Global Counter-Terrorism Actor
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. After the death of Osama Bin Laden and the demise of Al Qaeda, the EU is increasingly threatened by new jihadi terrorist groups such as ISIS, as exemplified by recent terror attacks on Paris, Brussels, Nice, Berlin and Manchester. This book investigates the role of the EU in dealing with such groups as part of its counter-terrorism efforts, by outlining the increasing role of the EU as an external counter-terrorism actor.
Immunities in the Age of Global Constitutionalism
The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’. Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.
Transitional Justice in Italy and the Crimes of Fascism and Nazism
This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to th...
Research Handbook on Extraterritoriality in International Law
By engaging with the ongoing discussion surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.
