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Teaching International Law
Teaching International Law is a topic of great importance in international law academia. In the past renowned international lawyers and research institutions have dealt with this matter. This book brings together a larger number of established international lawyers who not only present the state of the art of this discipline but also their own vision and perspective. Traditionally, teachers of international law had considerable influence on the development and the understanding of this subject. The international legal system has profoundly changed but in time of enormous challenges for the survivel of mankind the voice of the teachers should again be heard.
The Responsibility to Protect (R2P)
After having been introduced by the Report of the International Commission on Intervention and State Sovereignty (ICISS) in 2001 and after its affirmation by the UN World Summit in 2005 the concept of R2P has found broad approval both by international law doctrine and practice. It is fair to say that international law thinking has been profoundly influenced by this new approach. Nonetheless, many questions in this regard are still open. In this volume international lawyers discuss a series of fundamental aspect of R2P: the historical dimension, the relationship between R2P and general international law and the dynamics surrounding this concept. In particular it will be examined in which direction this concept will probably evolve. Contributors are: Alex Bellamy, Enzo Cannizzaro, Martina Caroni, Thomas Cottier, Hans-Georg Dederer, Fernand de Varennes, Oliver Diggelmann, Caro Focarelli, Andrea Gattini, Hans-Joachim Heintze, Peter Hilpold, Karolina Januszewski, Stefan Kadelbach, Federico Lenzerini, Manfred Nowak, Karin Oellers-Frahm, Nadakavukren Scheffer, Peter-Tobias Stoll, and Lotta Viikari
Deconstructing Self-Determination in International Law
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
Respecting Linguistic Diversity in the European Union
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Autonomy and Self-Determination
Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-Determinationoffers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of is...
Legal Aspects of Planetary Defence
Winner of the 2022 International Academy of Astronautics (IAA) Social Sciences Book Award Impacts by asteroids or comets on Earth may lead to natural disasters of catastrophic dimensions, one of the most devastating having caused the extinction of the dinosaurs 66 million years ago. Space agencies and other actors are increasingly dedicated to the development of technology to predict and mitigate such risks. This book addresses legal and policy aspects of ‘planetary defence’ activities aiming at the mitigation of Near-Earth Objects (NEO) impact threats. These include responsibility and liability for damage caused by such activities (or their failure) as well as international cooperation and possible decision making processes.
Das Kosovo-Gutachten des IGH vom 22. Juli 2010
The ICJ ́s Opinion on Kosovo of 22 July 2010 has touched upon many pivotal questions of international law. This book contains a comprehensive stock-taking on this subject written by several international law experts from different European countries. Das IGH-Gutachten zum Kosovo vom 22. Juli 2010 spricht eine Vielzahl an grundlegenden Fragen des internationalen Rechts an. Dieser Band enthält eine grundlegende Bestandsaufnahme zu dieser Thematik mit Beiträgen einer Reihe von Autoren aus verschiedenen europäischen Staaten.
The European Court of Justice and the Policy Process
This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.
Integration in Asia and Europe
Broadening and deepening of economic and political integration are hallmarks of the EU and ASEAN. This book critically analyses the economic and institutional changes in both Europe and Asia. There is considerable potential for instability, but one also finds regional growth opportunities. Comparative policy analysis and evaluation of various cooperation strategies are presented. Emphasis is on banking, financial market dynamics, ICT, and macroeconomic policies as well as trade, energy, and environmental issues. Legal aspects are combined with historical and economic perspectives. Due emphasis also is on the impact of China and the role of international organisations. The comparative analysis of EU and ASEAN integration suggests important policy choices, including those at the multilateral level.
The Political Economy of Security/Development in the Neoliberal Age
This book builds upon Foucauldian scholarship’s compelling interrogations that have contributed to the changing conceptualization of the premises of the discipline of International Relations. This epistemological ‘glasnost’ facilitates the analysis of the United Nations General Assembly endorsed ‘responsibility to protect’ (R2P) as not merely a security but a security/development measure. This book unpacks the conditions that on one hand necessitate such measures and on the other hand, allow the subsequent dilution of their radical promise. This framing and analysis of R2P has implications beyond R2P. Increasingly, citizens converted into populations are shepherded by the state to ...
