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This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.
In light of the controversies surrounding the impact of investment treaties and arbitration, this book reflects on the major changes in the area of international investment law.
The main theme of this volume of the Yearbook of International Humanitarian Lawis the development and interpretation of international humanitarian law (IHL). It iselaborated upon in several chapters that examine the role of non-state armed groupsin the development and interpretation of IHL, the impact of international criminal lawon the development of IHL, the notion of external non-international armed conflicts,and the regulation of prolonged occupation under international law. The second theme of this volume is dedicated to targeting in armed conflicts. Specifictopics include precautions in attack in urban and siege warfare, the targeting of theIslamic State’s religious personnel in Iraq...
The book offers a comprehensive perspective on the highly topical issue of protecting and promoting labour standards in international economic law and the globalized economy. For the purpose of an in-depth analysis of both the specific and the fundamental aspects in this regard, it combines views from specialized academics of the legal and political sciences as well as experienced practitioners. The contributions to this book do not only reveal recurring obstacles but also point at best practices and potential for synergies, providing important guidance for future research and practice in international economic and labour law and policy.
The study outlines the status quo of international cooperation in competition law matters. This is done by examining, in chronological order, the various approaches of the many multi- and bi-lateral international agreements that have attempted to solve the problems of competition law (WTO, GATT, etc.). Subsequently, the focus of this thesis is on the analysis of bilateral trade agreements. Within the framework of this analysis, the potential of trade agreements for competition law cooperation is to be shown. For this reason, only those bilateral trade agreements are analyzed that deal with the topic of regulatory cooperation in competition law in specially provided competition chapters. In doing so, the different stages of cooperation will be analyzed along the different integration phases of any trade agreements. The highest form of trade agreement integration – customs unions – will be dealt with separately, using the EU as an example.
Bringing together a highly diverse body of scholars, this comprehensive Research Handbook explores recent developments at the intersection of international law, sociology and social theory. It showcases a wide range of methodologies and approaches, including those inspired by traditional social thought as well as less familiar literature, including computational linguistics, performance theory and economic sociology. The Research Handbook highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers.
This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.
This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.
The edited volume attempts to critically approach EU-Central Asian relations, asking whether – when adopting a more sectoral governance approach – the EU’s transformative power vis-à-vis the region is greater than initially argued and if so, under what conditions it flourishes most. It assesses whether, through adopting a sectoral approach to the area of, development, infrastructure, water management, security, climate change, energy, trade, health, education, or any other element defining EU-Central Asian relations, the European Union is able to (co-)shape this geopolitically strategic region. If so, what drives the EU’s ability to do so; if not, what mitigates its (potential) influence? This book contributes to the scholarship on the EU’s external governance both empirically and theoretically.
Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.