Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.
The European Commission of the Danube, 1856-1948 Constantin Ardeleanu offers a history of the world’s second international organisation, an innovative techno-political institution established by Europe’s Concert of Powers to remove insecurity from the Lower Danube. Delegates of rival empires worked together to ‘correct’ a vital European transportation infrastructure, and to complete difficult hydraulic works they gradually transformed the Commission into an actor of regional and international politics. As an autonomous and independent organ, it employed a complex transnational bureaucracy and regulated shipping along the Danube through a comprehensive set of internationally accepted rules and procedures. The Commission is portrayed as an effective experimental organisation, taken as a model for further cooperation in the international system.
Group Politics in UN Multilateralism provides a new perspective on diplomacy and negotiations at the United Nations. Very few states ‘act individually’ at the UN; instead they often work within groups such as the Africa Group, the European Union or the Arab League. States use groups to put forward principled positions in an attempt to influence a wider audience and thus legitimize desired outcomes. Yet the volume also shows that groups are not static: new groups emerge in multilateral negotiations on issues such as climate, security and human rights. At any given moment, UN multilateralism is shaped by long-standing group dynamics as well as shifting, ad-hoc groupings. These intergroup dynamics are key to understanding diplomatic practice at the UN.
“Key Documents on the Reform of the UN Security Council 1991-2019” brings together primary source documents reflecting the political, legal and academic discussions of the United Nations Security Council reform, in particular the Council’s membership and decision-making, as they have taken place since 1991. Earlier discussions from the late 1940s through 1991 are covered insofar as they offer a useful contribution to the current debate. This extensive collection, curated by a leading authority, is intended to be representative of the debate as a whole without bias, faithfully reflecting the positions of various stakeholders, global participants and civil society. This important work will be an indispensable resource for researchers and students, bringing together hundreds of documents produced during more than three decades by governments, UN bodies, universities, think tanks and individual authors in a single, comprehensive volume.
General Principles of Law Recognized by Civilized Nations (1922-2018) Marija Đorđeska offers an account of the origins, theory and practical application of the general principles in the jurisprudence of the Permanent Court of International Justice and International Court of Justice between 1922 and 2018. Are general principles rules of international law? What is their relationship to custom and treaties? What are the types of general principles and where do international courts find them? This monograph answers these and other questions and offers a detailed overview of over 150 general principles identified in the jurisprudence of the Permanent Court of International Justice and the International Court of Justice.
From 1957 onwards, the "Pugwash Conferences" brought together elite scientists from across ideological and political divides to work towards disarmament. Through a series of national case studies - Austria, China, Czechoslovakia, East and West Germany, the US and USSR – this volume offers a critical reassessment of the development and work of “Pugwash” nationally, internationally, and as a transnational forum for Track II diplomacy. This major new collection reveals the difficulties that Pugwash scientists encountered as they sought to reach across the blocs, create a channel for East-West dialogue and realize the project’s founding aim of influencing state actors. Uniquely, the book affords a sense of the contingent and contested process by which the network-like organization took shape around the conferences.
Contributors are Gordon Barrett, Matthew Evangelista, Silke Fengler, Alison Kraft, Fabian Lüscher, Doubravka Olšáková, Geoffrey Roberts, Paul Rubinson, and Carola Sachse.
The book is designed to provide an overview of the development, meaning, and nature of international humanitarian law (IHL). It presents a critical review of the protection of the injured, sick and shipwrecked, prisoners of war (POWs) and civilians during times of war, the prevention of forcible transfer of civilians, the four Geneva Conventions from a Third World point of view, the ideals of distinction, proportionality and precaution from the point of view of Islamic law and the issues faced in implementing IHL.
This lucidly written and timely book will greatly benefit anyone interested in the protection of victims of armed conflict.
Notes on editors; Notes on contributors; List of acronyms and abbreviations; Preface; Foreword;
International Legal Protection of Persons Affected by War: Challenges and the Way Forward, Md Jahid Hossain Bhuiyan and Borhan Uddin Khan
1 The Development of the Geneva Conventions, Borhan Uddin Khan and Nazmuzzaman Bhuian
2 The Legal Status and Protection of the Rights of Prisoners of War, Md Jahid Hossain Bhuiyan
3 The Prohibition of Deportation and Forcible Transfer of Civilian Populations in the Fourth Geneva Convention and Beyond, Etienne Henry
4 Combatants Aboard Medical Aircraft Who Fall into the Hands of a Neutral Power – the Scope of Their Liability to Detention Under the 1949 Geneva Conventions and the 1977 Additional Protocol I, Yutaka Arai-Takahashi
5 Forced Transfer of Aliens during Armed Conflicts, Pablo Antonio Fernández Sánchez
6 The Geneva Conventions and Non-International Armed Conflicts, Noelle Higgins
7 Four Geneva Conventions of 1949: A Third World View, Srinivas Burra
8 Criminalising Rape and Sexual Violence in Armed Conflicts: Evolving Criminality and Culpability from the Geneva Conventions to the Bangladesh International Crimes Trial, M Rafiqul Islam
9 Principles of Distinction, Proportionality and Precautions under the Geneva Conventions: The Perspective of Islamic Law, Mohd Hisham Mohd Kamal
10 Implementation of International Humanitarian Law and the Current Challenges, Borhan Uddin Khan and Nakib Muhammad Nasrullah
11 The Geneva Conventions and Enforcement of International Humanitarian Law, Derek Jinks
Conventional wisdom has it that the successful functioning of the UN Security Council almost completely depends on the role played by its five permanent members and the extent to which they can agree—or avoid to fundamentally disagree—on the many issues on the Council’s agenda. But the Council also consists of ten non-permanent or elected members who represent five different regions of the world, and who, though not vested with the right of veto, play an indispensable role in Council decision-making.
This book aims to take a closer look at that role. It considers what role is foreseen for the elected members in the UN Charter, how this evolved in practice, and what “tools” they can deploy. It also considers whether there are particular “niches” for the elected members on the Security Council, such as engaging in conflict prevention, taking initiatives on rule of law issues and debating the potential effects of climate change on peace and security. Can elected members serve as agents of the international community and norm entrepreneurs? Should their position be strengthened, and if so, how? This collection was born out of a dynamic research seminar held at Leiden University, which also drew on the experiences of former elected members. This book thus offers unique insights from both practice and scholarship, and is an indispensable tool for politicians, diplomats, academics and students alike.