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Religion and International Law
Growing religious antagonisms are challenging the ultimate goal of 'living together' in peaceful societies. Religion and International Lawexplores international law responses, beginning with their historic roots, before the perspective shifts to the role of religious institutions and religious law. Contributions of different human rights bodies are analyzed, before further sections deal with the international protection of religion, the relationship between religious beliefs and freedom of expression, and the roles of other individual rights.This book originates from the long-standing cooperation between the German and the French Societies of International Law, thus bringing together the traditions of French laicism and a cooperative German approach. Experts from Austria, Italy, Poland, Portugal and the UK complement the pan-European perspective.
Global Constitutionalism in International Legal Perspective
The question of whether a global constitution exists or is emerging, and if so, what form it takes, is one of the most intriguing and controversial topics of recent international theory. This book examines public international law contributions to the debate, specifically taking a step back to enquire about the underlying assumptions that inform this debate. While contemporary contributors declare the idea of global constitutionalism to be global, this book reveals and interrogates the underlying liberal democratic themes that define prevailing approaches, thus calling universality into question. Drawing on critical theories within and without the international legal discipline, this book suggests a reconceptualisation of global constitutionalism in terms of what is named ‘organic global constitutionalism’. The book thus addresses significant shortcomings and illuminates necessary reorientations to a field that is currently still in the crucial phase of formation.
The Council of Europe
The Council of Europe plays a pivotal role in the promotion and protection of human rights in Europe, yet its work is often little understood. This volume provides a comprehensive analysis of the work of the Council of Europe and the legal framework within which it operates.
Multilevel Regulation and the EU
Rules are no longer merely made by states, but increasingly by international organizations and other international bodies. At the same time these rules do impact the daily life of citizens and companies as it has become increasingly difficult to draw dividing lines between international, EU and domestic law. This book introduces the notion of ‘multilevel regulation’ as a way to study these normative processes and the interplay between different legal orders. It indicates that many rules in such areas as trade, financial cooperation, food safety, pharmaceuticals, security, terrorism, civil aviation, environmental protection or the internet find their origin in international cooperation. A...
Changing Heritage
Changing Heritage presents the most comprehensive analysis of heritage issues available today. Critically analysing the complexity of the current and forthcoming issues faced by heritage, it presents insightful directions for the future. Drawing on the author’s many years of experience working in senior positions at UNESCO, the book presents discussions of heritage sites all around the world. Today, our cultural and natural legacies face significant threats due to social and economic developments, political pressures, and unresolved historical issues. This book delves into these threats from two distinct perspectives: internal tensions and external pressures. The internal tensions include ...
On State Secession from International Law Perspectives
This book provides essential legal information on state secession in an innovative manner: unlike conventional approaches, which invariably focus on whether there is a right to secession, here the discussion centers on how secessionist conflicts can be effectively resolved. To that end, the book not only reveals the inadequacy of the current international legal framework, but also carefully considers how relevant actors can work to improve the legal system. In short, it argues that secessionists and non-secessionists should conclude an agreement to reconcile their conflicting rights to self-determination, while external actors should do their utmost to ensure the success of these efforts. Positive external involvement requires external actors to refrain from the use of force and to participate more rationally in secessionist conflicts. Given its subject matter, the book will appeal to a broad readership, including students and researchers in international law, international relations and ethnic studies, as well as enthusiasts in these fields.
Kosovo and the International Community
NATO's air operation against Yugoslavia, undertaken with a view to helping the Kosovo Albanians resist genocide and ethnic cleansing, confronted the international community with a bitter dilemma. In Europe, the choice either to tolerate massive violations of human rights or to infringe the principle of non-use of force, given the absence of explicit authorization by the Security Council, was a challenge never before encountered since the new world order was ushered in by the Charter of the United Nations. This book, a collection of legal essays which emerged from a meeting of members of the French, German, and Polish societies of international law, not only attempts to analyze the Kosovo war...
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.
The Global Community Yearbook of International Law and Jurisprudence 2014 (Volume 1)
The 2014 edition of 'The Global Community Yearbook' both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. This edition includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the intervention of the United States and coalition partners in territories under the control of the Islamic State of Iraq and the Levant (ISIL) to the weak area in the institutional and normative framework of the Revised Treaty of Chaguaramas.
Human Dignity and International Law
Human dignity is a classical concept in public international law, and a core element of the human rights machinery built after the Second World War. This book reflects on the past, present and future of the concept of human dignity, focusing on the role of international lawyers in shaping the idea and their potential and actual role in protecting the rights of certain vulnerable groups of contemporary societies, such as migrant women at risk of domestic servitude, the LGB community and indigenous peoples.
