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International Humanitarian Law Facing New Challenges
This book features the contributions of a distinguished group of experts in the field of the law of armed conflicts that gathered in Berlin in June 2005. The goal of the colloquium, which marked the 70th birthday of Knut Ipsen, was to find operable solutions for problems and challenges that confront the contemporary law of armed conflict.
Minority Language Protection in Europe
This volume contains a selection of papers based on presentations given at the international conference entitled "The European Charter for Regional or Minority Languages: Achievements and Challenges", co-organised by the Council of Europe, The Government of Spain, The Government of the Basque Country And The University of the Basque Country, which was held in Bilbao (Spain) on 20 and 21 April 2009. This work looks at the future prospects of the charter in the light of the experience gained over the first decade of the charter's existence. it is evident that governments bear the primary responsibility in preparing for ratification and in applying the charter, and this is illustrated by case studies for some states parties To The charter. However, regional and local authorities also play a very important role in relation To The charter as they are confronted on a daily basis with the use and protection of minority languages
Cyber Warfare and the Laws of War
The information revolution has transformed both modern societies and the way in which they conduct warfare. Cyber Warfare and the Laws of War analyses the status of computer network attacks in international law and examines their treatment under the laws of armed conflict. The first part of the book deals with the resort to force by states and discusses the threshold issues of force and armed attack by examining the permitted responses against such attacks. The second part offers a comprehensive analysis of the applicability of international humanitarian law to computer network attacks. By examining the legal framework regulating these attacks, Heather Harrison Dinniss addresses the issues associated with this method of attack in terms of the current law and explores the underlying debates which are shaping the modern laws applicable in armed conflict.
Kosovo and International Law
The ICJ Opinion on Kosovo was much awaited both in politics and in academic literature as it was expected to contain not only a decisive verdict on a long-lasting controversy on the Balkans but also a ground-breaking stock-taking on many pivotal questions of international law. The Opinion handed down by the ICJ on 22 July 2010 immediately gave rise to intense discussions that made broad reference to issues such as self-determination, secession, state sovereignty, state recognition and the constitutionalization of the international law order. Based on one of the first major international conferences on this subject, this book contains contributions by the international law experts who gathered at the University of Innsbruck (Austria) to discuss this subject.
From Empire to Union
Germany has long been at the centre of European debates surrounding the modern role of national constitutional law and its relationship with EU law. In 2009 the German constitutional court voted to uphold the constitutionality of the Lisbon Treaty, but its critical, restrictive decision sent shockwaves through the European legal community who saw potential threats to further European integration. What explains Germany's uneasy relationship with the project of European legal integration? How have the concepts of sovereignty, state, people, and democracy come to dominate the Constitutional Court's thinking, despite not being defined in the Constitution itself? Despite its importance to the who...
Legislative, Executive, and Judicial Governance in Federal Countries
Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.
The Environmental Consequences of War
The environmental devastation caused by military conflict has been witnessed in the wake of the Vietnam War, the Gulf War and the Kosovo conflict. This book brings together leading international lawyers, military officers, scientists and economists to examine the legal, political, economic and scientific implications of wartime damage to the natural environment and public health. The book considers issues raised by the application of humanitarian norms and legal rules designed to protect the environment, and the destructive nature of war. Contributors offer an analysis and critique of the existing law of war framework, lessons from peacetime environmental law, means of scientific assessment and economic valuation of ecological and public health damage, and proposals for future legal and institutional developments. This book provides a contemporary forum for interdisciplinary analysis of armed conflict and the environment, and explores ways to prevent and redress wartime environmental damage.
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.
Local Government and Metropolitan Regions in Federal Countries
While local government is found in all federal countries, its place and role in the governance of these countries varies considerably. In some countries, local government is considered an essential part of the federal nature of the state and recognized in the constitution as such, whereas in others it is simply a creature of the subnational states/provinces. When referring to local government it is more correct to refer to local governments (plural), as these institutions come in all shapes and sizes, performing widely divergent functions. They range from metropolitan municipalities of mega-cities to counties, small town councils, and villages. Their focus is either multi-purpose in the case...
State Succession to International Responsibility
In the context of the break-up of the Soviet Union and Yugoslavia, the independence of Montenegro and the unification of Germany, can a new State be held responsible for wrongful acts committed before its independence by the predecessor State? This book is the most comprehensive analysis of State practice, case law and scholarship identifying the factors and circumstances under which the rights and obligations arising from wrongful acts committed before independence can be transferred to a new State. This updated and revised second edition covers new developments, including the recent works of the International Law Commission and the Institute of International Law.
