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The Crisis of Multilateral Legal Order
Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs. The signs of the crisis have been visible for som...
General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé
This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area.
Remedies against Immunity?
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (in...
Regulating Global Security
This edited collection presents an innovative approach to global security regimes. Employing both conceptual and empirical studies, the volume examines three empirically-oriented sets of cases: weapons of mass destruction, humanitarian disarmament and unconventional threats. The book combines interrogations of the most prominent prohibition/regulatory regimes while covering WMDs, humanitarian issues and other agendas such as drugs, endangered species and cyber security. It will be of interest to academics and researchers in International Relations and Security Studies.
The Diversity of International Law
This collection of essays pays homage to the multifarious and enduring work of Kalliopi K. Koufa, the first woman to become Professor of International Law in Greece. The volume brings together 37 contributions of renowned international law scholars from all over the world on a wide spectrum of important contemporary theoretical and practical issues. The essays reflect the multiple faces, the expanding scope and diversity of contemporary international law. Areas covered include the use of force, dispute settlement, international criminal law, international environmental law and, most notably, terrorism and human rights, areas on which the work of Professor Koufa in the United Nations and elsewhere has been particularly influential.
International Law and the Principle of Non-Intervention
The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in internation...
Ensuring compliance with International Humanitarian Law. The EU, France, and Spain
Según los términos del Artículo 1 Común a los cuatro Convenios de Ginebra de 1949, los Estados partes quedan sujetos a una obligación de respetar y de hacer respetar el Derecho Internacional Humanitario (DIH). En este libro se analiza si la Unión Europea (UE) y dos de sus Estados Miembros –Francia y España– ejecutan su obligación de hacer respetar el DIH. Concretamente, se trata de analizar cómo dos corpus jurídicos originalmente indiferentes el uno del otro, el DIH y el Derecho de la Unión, llegaron a converger y entrelazarse. Se sostiene que la aplicación del DIH ha de ser analizada desde una perspectiva multinivel. Mientras el DIH depende de los Estados para asegurar su ef...
Damages for Violations of Human Rights
This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eas...
Electoral Integrity in Turkey
This book provides a unique framework to explain the causes and consequences of electoral problems in Turkey. Although highly illuminating, the existing studies fall short of explaining the particularities of numerous singular electoral settings. This gap is especially valid for the grey-zone regimes, which are neither clearly democratic nor conventionally authoritarian in Turkey. Establishing a historical outlook by scrutinising the elections which have taken place since the 1950s, Emre Toros identifies the challenges related to electoral integrity nested at individual and institutional levels. In this way, this book contributes to electoral integrity literature by utilising the valuable research strategies of the existing studies, proposing alternative data sources that will better understand the phenomena and, most importantly, employing a methodology that will suit both singular and comparative cases.
US Trade Policy, China and the World Trade Organisation
The last few years have been "anni horribiles" for in International Economic Law in general and in particular for the World Trade Organization, since its inception in 1995 the guarantor of the world multilateral trade system. The increasing trade tensions, a high level of US security tariffs on steel and aluminium, the US boycott of the WTO Appellate Body, the US-China "trade war" and the reasons underlining it, only aggravated a disastrous world-wide economic situation at a time of tremendous global health and societal emergency, due to the persistent devastating spread of the COVID-19 pandemic. The book critically discusses the most salient past US administration’s unilateralist and prot...
