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Enhancing the Rule of Law in the European Union’s External Action
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 Constitutional Framework for Enhanced Cooperation in EU Law
Enhanced Cooperation allows a group of Member States to use the EU’s competences and institutions to pursue a project within the Union’s framework that is binding only on the participating States while remaining an EU act. Introduced by the Amsterdam Treaty, this tool of flexible integration was not used until 2010. In The Constitutional Framework for Enhanced Cooperation in EU Law, Robert Böttner analyses the primary-law framework of this flexibility tool. On the basis of profound literature review and against the background of recent Member State practice, the author redefines the constitutional rules of Enhanced Cooperation. He draws conclusions on this tool’s legal limits, but also its potential for European integration.
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...
Biological Diversity and International Law
The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other inte...
Practising Self-Government
An examination of how the constitutional frameworks for autonomies around the world really work.
Deploying the European Green Deal
Drawing on a range of expert contributions, this book explores how the European Green Deal is being deployed in practice and observes how the EU tries to promote the protection of the environment in third countries. This book begins by assessing the state of the art in terms of the key conceptual issues and analyses sectoral initiatives that are particularly relevant for the deployment of the European Green Deal external dimensions. These include the Carbon Border Adjustment Mechanism, the EU’s regulatory action in the control of maritime emissions, the 2030 Biodiversity Strategy, the Deforestation Initiative, the Zero Pollution Initiative, the From Farm to Fork Initiative, and the Climate...
Military Operation and Engagement in the Domestic Jurisdiction
This book scrutinises the call-out of the military in the domestic domain in a selection of 13 countries. Nation-states vary in their political-legal structures and all have their own history in the use of military personnel in domestic matters. Three recent events have resulted in increased domestic military deployment and have been experienced in most countries. In the security domain, there is the rise of Islamic State and increasing acts of terrorism, resulting in military involvement in policing. The other two have been increased humanitarian needs: the COVID-19 pandemic and the widespread flooding and fires following the changes in climate. These have brought increasing military activity domestically, even in established democracies. This comparative analysis incorporates historical developments and provides a rich multidisciplinary approach from political and social scientists to lawyers and military personnel.
International Humanitarian Law and Human Rights Law
Drawing upon previous theories on the relationship between human rights law and international humanitarian law, this book examines on the basis of a series of individual case-studies the new theoretical trend arguing for a merge of these two sets of norms.
The Law and Practice of the United Nations
The Law and Practice of the United Nations examines the law of the United Nations through an analysis of the Organization’s practice from its inception until the present, in particular to the transformations the UN has undergone since the end of the Cold War. Special consideration is given to Chapter VII of the UN Charter and its interpretation, the United Nations’ membership and organs’ competences, along with the peaceful settlement of disputes, and coercive action for the maintenance of international peace and security. In addition, this important new edition explores such areas as general and smart sanctions, peacekeeping, authorizations of the Security Council, territorial administrations, self-determination, human rights, financing of the Organization, acts adoptable by the UN organs, and a review of their legality. Offering a fully revised and updated analysis of the main legal issues surrounding the United Nations’ practice, The Law and Practice of the United Nations will be of interest to all those involved with legal issues surrounding the United Nations, the analysis of said issues, and their impacts on international practice
The Role of International Law in light of the COVID-19 Global Pandemic
Submitted Assignment from the year 2021 in the subject Politics - Topic: Public International Law and Human Rights, grade: 73, University of East London, course: MENTAL WEALTH - INTERNATIONAL LAW: PROBLEMS AND PROCESS, language: English, abstract: In light of the COVID-19 pandemic, this research seeks to analyse the impact of the global health crisis on the international legal order. The main argument is that while the focus of international law has been on the elimination of war towards global peace and security, the COVID-19 pandemic has shed light on the shortcomings of international law in dealing with a global health crisis. By considering the specialized mechanisms under international law for dealing with a pandemic, the research will reveal the critical role that international law can play in fostering global health. The research is based on a qualitative examination utilizing a deliberate audit of extensive literature on international law and the COVID-19 pandemic. Secondary data obtained from relevant journal articles, textbooks, reports and internet sources.
