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Stories of Survival
In Calabria, June 1940, Jewish exiles from Europe, escaping the Nazis, begin to arrive at Ferramonti di Tarsia Campo di Concentramento, a site chosen by the Fascist Italian government for its remoteness and inhospitable terrain. The aim: to intern ‘enemy aliens’ resident in Italy as the country enters WWII. Over the next three years, Ferramonti will see its population swell to over 3,000 internees, mostly, but not all, Jews from central and eastern Europe. Large contingents arriving via Benghazi and the Danube paddle-steamer Pentcho, will settle in Ferramonti, making it their haven as the war rages and the Nazis commit their atrocities, decimating families left behind. Little did those i...
The Rebirth of Territory
The concept of territory is central in international law, but a detailed analysis of how the concept is used in both discourse and practice has been lacking until now. Rather than reproducing the established understanding of territoriality within the international legal order, this study suggests that the discipline of international law relies on an outmoded spatial paradigm. Gail Lythgoe argues for a complete update and overhaul of our understanding of territory and space, to engage more effectively with key processes, structures and actors relevant to contemporary global governance. In this new theoretical account of an essential aspect of public international law, she argues that territory is a dynamic social reality created by the exercise of power. Territories are constituted by the practices of a more diverse array of actors than is acknowledged. As a result, functions are re-assembling in territories constituted by state and non-state actors alike.
Humans on the Move
In Human Mobility and Climate Change, Grant Dawson and Rachel Laut examine the sufficiency of legal frameworks to address human movement relating to climate change impacts and the progressive transition to a more adaptive approach.
Legislative Authority and Interpretation in the European Union
Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
European Judicial Responses to Security Council Resolutions
In European Judicial Responses to Security Council Resolutions: A Consequentialist Assessment, Kushtrim Istrefi examines the multiple effects of European courts decisions as regards Security Council targeted sanctions and security detentions interfering with fundamental rights. He elaborates what type of judicial responses ensured real and practical respect for human rights for the petitioners, encouraged Security Council due process reform, clarified Security Council authorisations on security detentions, and tested the primacy and universal character of the UN Charter. Making use of legal and non-legal instruments, Istrefi sheds some light upon what happened to, among others, petitioners, the SC due process reform agenda, and the UN Charter after such cases as Kadi, Al-Jedda, Ahmed, Al-Dulimi.
Research Handbook on International Law and Human Security
This comprehensive Research Handbook considers the place of human security, both in practice and as a concept within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law’s purpose. This title contains one or more Open Access chapters.
Human Rights in Armed Conflict
A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.
Heritage of Scribes
The Heritage of Scribes introduces the history and development of five members of the Rovash (pronounced “rove-ash”, other spelling: Rovas) script-family: the Proto-Rovash, the Early Steppean Rovash, the Carpathian Basin Rovash, the Steppean Rovash, and the Szekely-Hungarian Rovash. The historical and linguistic statements in the book are based on the published theories and statements of acknowledged scholars, historians, archaeologists, and linguists. The author provides detailed descriptions of the five Rovash scripts, presents their relationships, connections to other scripts, and explains the most significant rovash relics. Based on the discovered relations, the author introduces the systematic description of the rovash glyphs in the Rovash Atlas together with a comprehensive genealogy of each grapheme as well.
How EU Member States Represent the Common Purpose of Migration Management
Since the ‘refugee crisis’ in 2015, EU Member States have claimed to represent or act on behalf of the Union when regulating migration. Some measures were outside or at the margins of the EU legal order. How can Member States reconcile their double bind as members of the Union and as sovereign nation states? Enriching legal doctrine with constitutional theories, this book argues that EU law is still able to uphold the rule of law, in line with its foundational promise, while also empowering the Member States to govern migration in the common European interest.
Constitutional Law and Politics of Secession
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitu...
