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The Disputed Białowieża Forest
The Polish dispute on an adequate approach towards the Białowieża Forest has been significantly internationalised, primarily by UNESCO and the European Union. The judgment of the CJEU has not settled the substance of the dispute, although it points to a violation of EU legal standards. The authors of The Disputed Białowieża Forest: Legal Remedies for the Protection of Cross-border Properties address the dispute in a constructive and interdisciplinary manner, rather than merely expressing concern towards in situ conservation, and derive universal legal remedies from it. They conclude that in the case of unique invaluable goods, adequate individual solutions should be applied in the form of a localised agreement, open to many entities (interested states, international organisations and even socially responsible private corporations), on the condition that organisational and financial co-responsibility are accepted.
Pluralising International Legal Scholarship
This unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies.
Unilateral Acts of States in Public International Law
In Unilateral Acts of States in Public International Law Przemysław Saganek discusses one of the most important sources of States’ obligations in international law. He analyzes in a critical way the classical catalogue of unilateral acts comprising: promise, waiver, recognition and protest. He convincingly proves that this list is misleading as it oversees several important acts of States. On the other hand, several classical acts do not necessarily give rise to legal effects or are not necessarily unilateral. The author undertakes a thorough analysis of several types of acts, showing their similarities and dissimilarities. He concludes that the group category of ‘unilateral acts’ covers such diverse elements that they could be hardly codified in a single set of rules.
Order from Transfer
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutio...
Challenges, risks and threats for security in Europe
The conditions for security in Europe in the 21st century differ from those in the second half of the 20th century. The consequences of the East-West conflict no longer determine the security agenda. Due to the pan-European process of integration and cooperation, European countries have the chance of a future together in an “area of peace, freedom, security and justice”. However, the security situation in Europe is determined by new threats and risks. Comprehensive security means that external and internal as well as civilian and military security aspects are closely linked. It goes beyond traditional security issues and includes, inter alia, instruments of economic, social, and health policy. In addition, today's threats are of cross-boarder nature: Threats like attacks on the security of IT systems, organized crime, and climate change appear to be solvable mainly through international cooperation. Thus, the role of international organizations is becoming more important. The 11th Network Conference analysed the existing security architecture of Europe in the above mentioned political areas. The contributions can be found in this publication.
The Unity of the European Constitution
This book collects the contributions to a conference of a group of young Polish and German public law scholars on the Constitutional Law of the European Union. The articles present a multi-faceted examination of unity and its realization in the primary and constitutional law of the EU, an analysis of EU constitutional structure in the face of diversity, and the independence of EU law from international common law, among other topics.
Unrecognised Subjects in International Law
edited by Władysław Czapliński and Agata Kleczkowska The book discusses a variety of issues related to two important international law institutions: international legal personality and recognition. Respective studies concern the legal situation and classification of various categories of non-recognised entities, the obligation to recognise and not to recognise specific subjects, rights and obligations of those entities (including, for example, state immunity and obligations in respect of human rights), and international liability for unlawful recognition. The authors of the texts are both eminent scientists, recognised specialists in the field of international law, as well as young lawyers, just starting their adventure with research work. The authors come from various parts of the world and represent a diverse approach to research methodology. Authors: Maurizio Arcari, Chun-i Chen, Władysław Czapliński, Natividad Fernández Sola, Łukasz Gruszczyński, Shotaro Hamamoto, Agata Kleczkowska, Anne Lagerwall, Margaret E. McGuinness, Marcin Menkes, Enrico Milano, Stefan Oeter, Dagmar Richter, Przemysław Saganek, Galina Shinkaretskaia, María Isabel Torres Cazorla, Szymon Zaręba.
Statehood and the State-like in International Law
This book sets out to answer the question of when a political entity becomes a state in international law, one of the foundational questions of the discipline.
Research Handbook on Human Rights and Humanitarian Law
Transport Economics is a revised and refined fourth edition of a well-established textbook which applies economic analysis to transport issues. Each chapter has been carefully reworked and includes new material dealing with the regulation of transport markets. To assist in pedagogy, twenty or so free standing ‘Exhibits’ now provide a variety of case studies and narratives to supplement the text. More up-to-date examples and illustrations also make the understanding of economic principles easier and assist in the assimilation of economic concepts.
International Law Obligations on Climate Change Mitigation
A comprehensive doctrinal study of states' obligations on climate change mitigation, showing that obligations arise not only from climate treaties, but also from customary international law, unilateral declarations, and human rights treaties, and exploring the interactions between these multiple obligations.
