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From International Law to Geopolitics.
China claims Taiwan as a renegade province. While saying it prefers peaceful unification, it has consistently refused to renounce the use of force to incorporate the democratic island. Increasingly, Taiwan has become a potential flash point for military conflict between China and the United States. After exploring the historical roots of the Taiwan question, The State of Taiwan offers an in-depth analysis of the international legal status of Taiwan. An extensive epilogue throws the bridge between the international legal findings and geopolitics, and outlines the strategy the world’s democracies should adopt in light of those findings.
From International Law to Geopolitics.
China claims Taiwan as a renegade province. While saying it prefers peaceful unification, it has consistently refused to renounce the use of force to incorporate the democratic island. Increasingly, Taiwan has become a potential flash point for military conflict between China and the United States. After exploring the historical roots of the Taiwan question, The State of Taiwan offers an in-depth analysis of the international legal status of Taiwan. An extensive epilogue throws the bridge between the international legal findings and geopolitics, and outlines the strategy the world’s democracies should adopt in light of those findings.
Towards a ‘Complete Remedy System’ Counterbalancing Jurisdictional Immunity
In the broader context of the accountability of international organisations, this book focuses on the obligation of the United Nations - like many other organisations - to ‘make provisions for appropriate modes of settlement of [...] disputes of a private law character’ to which it is a party. The book advocates a systematic approach in conformity with the rule of law in discharging that obligation. That is needed to increase the legitimacy of international organisations, while bolstering their jurisdictional immunity. The book develops the basic features of a comprehensive dispute settlement mechanism, complemented by a new United Nations convention.
Towards a ‘Complete Remedy System’ Counterbalancing Jurisdictional Immunity
In the broader context of the accountability of international organisations, this book focuses on the obligation of the United Nations - like many other organisations - to ‘make provisions for appropriate modes of settlement of [...] disputes of a private law character’ to which it is a party. The book advocates a systematic approach in conformity with the rule of law in discharging that obligation. That is needed to increase the legitimacy of international organisations, while bolstering their jurisdictional immunity. The book develops the basic features of a comprehensive dispute settlement mechanism, complemented by a new United Nations convention.
The Contribution of the European Court of Human Rights
This volume deals with the right of any individual not to be subjected to torture. Although almost universally prohibited, torture still manifests itself in the conduct of several States around the world, as well as, at times with perplexing frequency, within Member States of the Council of Europe. Tellingly in this regard, the ECtHR has, since its inception, entered numerous findings of torture (more than fifty). Keeping in mind the significance of this data and the importance of the effectiveness of the international legal prohibition of torture, this book examines and critically appraises the practice of the European Court of Human Rights on the prohibition of torture. Through this analysis of leading cases and the legal issues ensuing from them, this book explores the contribution of the European Court to the clarification of the applicable law, illustrating developments of legal significance, and exploring some still contentious issues, stressing the several achievements as well as some still questionable outcomes. The volume offers knowledge and analytical tools to students and researchers, but also to lawyers and practitioners as it collects in a single volume important portions of jurisprudence distilled from what are often lengthy and detailed judgments, followed by a reflection on the legal issues arising in a specific case or common to a number of them.
The Contribution of the European Court of Human Rights
This volume deals with the right of any individual not to be subjected to torture. Although almost universally prohibited, torture still manifests itself in the conduct of several States around the world, as well as, at times with perplexing frequency, within Member States of the Council of Europe. Tellingly in this regard, the ECtHR has, since its inception, entered numerous findings of torture (more than fifty). Keeping in mind the significance of this data and the importance of the effectiveness of the international legal prohibition of torture, this book examines and critically appraises the practice of the European Court of Human Rights on the prohibition of torture. Through this analysis of leading cases and the legal issues ensuing from them, this book explores the contribution of the European Court to the clarification of the applicable law, illustrating developments of legal significance, and exploring some still contentious issues, stressing the several achievements as well as some still questionable outcomes. The volume offers knowledge and analytical tools to students and researchers, but also to lawyers and practitioners as it collects in a single volume important portions of jurisprudence distilled from what are often lengthy and detailed judgments, followed by a reflection on the legal issues arising in a specific case or common to a number of them.
From Conflict to Coordination
How can policies on trade and culture be coordinated in such a way that both are enabled to flourish? This book makes the argument for moving from viewing trade and culture as "in conflict" to assessing the two fields in coordination—at the domestic, regional and international levels. Juneyoung Lee makes the case for a preference for negotiations and monitoring, as opposed to legalized dispute settlement. Informal law-making processes and preferential trade agreements are also addressed.
From Conflict to Coordination
How can policies on trade and culture be coordinated in such a way that both are enabled to flourish? This book makes the argument for moving from viewing trade and culture as "in conflict" to assessing the two fields in coordination—at the domestic, regional and international levels. Juneyoung Lee makes the case for a preference for negotiations and monitoring, as opposed to legalized dispute settlement. Informal law-making processes and preferential trade agreements are also addressed.
Islam et droit international par Slim Laghmani:
Y a-t-il en matière de droit des gens une exception musulmane ? Ce cours tente de montrer que non.
Dans son contenu normatif, le droit de gens musulman a été beaucoup plus déterminé par le cadre historico-politique dans lequel il a été développé et codifié, l’empire, que par la foi musulmane.
Sa forme, sa rationalité interne et son fondement ont été, eux, déterminés par une lecture, une interprétation volontariste de l’Islam qui a été érigée en orthodoxie, un autre fait d’histoire donc.
La particularité du droit des gens musulman tient à ce que ce contenu normatif, cette rationalité interne et ce fondement ont été sacralisés et de ce fait figés et que cette historicité a été en quelque sorte refoulée de sorte que le commun des musulman attribue au divin ce qui a été un fait humain.
The Influence of Public International Law upon Private International Law: In History and Theory and in the Formation and Application of the Law by Mario J. A. Oyarzábal:
This course explores the influence of public international law upon private international law, in the history and the theory as well as in the formation and the application of the law. It focuses on the biggest transformations that have taken place on the international plane over the course of the last century and assesses how that has affected the legal landscape, raising questions as to the scope and the potential of private international law and the suitability of the traditional sources of international law to address the role of private actors and the incursion of public law in the private arena. Examples are drawn from the areas of jurisdictional immunities and their impact on the right of access to justice, mutual legal assistance, sovereign debt restructuring, child protection, sports, arts law, cyberspace, and issues related to law of the sea and climate change. This course takes a pragmatic problem-solving approach, which nonetheless is systemic and based on principles, and argues that while public and private international law are and should be kept as separate legal fields, both are needed to address an increasing number of issues.
Y a-t-il en matière de droit des gens une exception musulmane ? Ce cours tente de montrer que non.
Dans son contenu normatif, le droit de gens musulman a été beaucoup plus déterminé par le cadre historico-politique dans lequel il a été développé et codifié, l’empire, que par la foi musulmane.
Sa forme, sa rationalité interne et son fondement ont été, eux, déterminés par une lecture, une interprétation volontariste de l’Islam qui a été érigée en orthodoxie, un autre fait d’histoire donc.
La particularité du droit des gens musulman tient à ce que ce contenu normatif, cette rationalité interne et ce fondement ont été sacralisés et de ce fait figés et que cette historicité a été en quelque sorte refoulée de sorte que le commun des musulman attribue au divin ce qui a été un fait humain.
The Influence of Public International Law upon Private International Law: In History and Theory and in the Formation and Application of the Law by Mario J. A. Oyarzábal:
This course explores the influence of public international law upon private international law, in the history and the theory as well as in the formation and the application of the law. It focuses on the biggest transformations that have taken place on the international plane over the course of the last century and assesses how that has affected the legal landscape, raising questions as to the scope and the potential of private international law and the suitability of the traditional sources of international law to address the role of private actors and the incursion of public law in the private arena. Examples are drawn from the areas of jurisdictional immunities and their impact on the right of access to justice, mutual legal assistance, sovereign debt restructuring, child protection, sports, arts law, cyberspace, and issues related to law of the sea and climate change. This course takes a pragmatic problem-solving approach, which nonetheless is systemic and based on principles, and argues that while public and private international law are and should be kept as separate legal fields, both are needed to address an increasing number of issues.
Islam et droit international par Slim Laghmani:
Y a-t-il en matière de droit des gens une exception musulmane ? Ce cours tente de montrer que non.
Dans son contenu normatif, le droit de gens musulman a été beaucoup plus déterminé par le cadre historico-politique dans lequel il a été développé et codifié, l’empire, que par la foi musulmane.
Sa forme, sa rationalité interne et son fondement ont été, eux, déterminés par une lecture, une interprétation volontariste de l’Islam qui a été érigée en orthodoxie, un autre fait d’histoire donc.
La particularité du droit des gens musulman tient à ce que ce contenu normatif, cette rationalité interne et ce fondement ont été sacralisés et de ce fait figés et que cette historicité a été en quelque sorte refoulée de sorte que le commun des musulman attribue au divin ce qui a été un fait humain.
The Influence of Public International Law upon Private International Law: In History and Theory and in the Formation and Application of the Law by Mario J. A. Oyarzábal:
This course explores the influence of public international law upon private international law, in the history and the theory as well as in the formation and the application of the law. It focuses on the biggest transformations that have taken place on the international plane over the course of the last century and assesses how that has affected the legal landscape, raising questions as to the scope and the potential of private international law and the suitability of the traditional sources of international law to address the role of private actors and the incursion of public law in the private arena. Examples are drawn from the areas of jurisdictional immunities and their impact on the right of access to justice, mutual legal assistance, sovereign debt restructuring, child protection, sports, arts law, cyberspace, and issues related to law of the sea and climate change. This course takes a pragmatic problem-solving approach, which nonetheless is systemic and based on principles, and argues that while public and private international law are and should be kept as separate legal fields, both are needed to address an increasing number of issues.
Y a-t-il en matière de droit des gens une exception musulmane ? Ce cours tente de montrer que non.
Dans son contenu normatif, le droit de gens musulman a été beaucoup plus déterminé par le cadre historico-politique dans lequel il a été développé et codifié, l’empire, que par la foi musulmane.
Sa forme, sa rationalité interne et son fondement ont été, eux, déterminés par une lecture, une interprétation volontariste de l’Islam qui a été érigée en orthodoxie, un autre fait d’histoire donc.
La particularité du droit des gens musulman tient à ce que ce contenu normatif, cette rationalité interne et ce fondement ont été sacralisés et de ce fait figés et que cette historicité a été en quelque sorte refoulée de sorte que le commun des musulman attribue au divin ce qui a été un fait humain.
The Influence of Public International Law upon Private International Law: In History and Theory and in the Formation and Application of the Law by Mario J. A. Oyarzábal:
This course explores the influence of public international law upon private international law, in the history and the theory as well as in the formation and the application of the law. It focuses on the biggest transformations that have taken place on the international plane over the course of the last century and assesses how that has affected the legal landscape, raising questions as to the scope and the potential of private international law and the suitability of the traditional sources of international law to address the role of private actors and the incursion of public law in the private arena. Examples are drawn from the areas of jurisdictional immunities and their impact on the right of access to justice, mutual legal assistance, sovereign debt restructuring, child protection, sports, arts law, cyberspace, and issues related to law of the sea and climate change. This course takes a pragmatic problem-solving approach, which nonetheless is systemic and based on principles, and argues that while public and private international law are and should be kept as separate legal fields, both are needed to address an increasing number of issues.
Volume 2, Preamble, Part I and Part II (Articles 1 to 10)
This authoritative commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed at academic researchers studying social and economic rights in Europe and legal practitioners, civil society organisations, trade unions and state representatives engaging with the procedures of the European Committee of Social Rights. The text is composed of contributions from a large number of experts, bringing together senior and young scholars across different countries and legal traditions with expertise in social and economic rights and a commitment to enhancing the European system for regulating these rights.
The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
Volume 2, Preamble, Part I and Part II (Articles 1 to 10)
This authoritative commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed at academic researchers studying social and economic rights in Europe and legal practitioners, civil society organisations, trade unions and state representatives engaging with the procedures of the European Committee of Social Rights. The text is composed of contributions from a large number of experts, bringing together senior and young scholars across different countries and legal traditions with expertise in social and economic rights and a commitment to enhancing the European system for regulating these rights.
The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
Editor:
Under the editorship of Nimer Sultany, the peer-reviewed Volume 23 of the Palestine Yearbook of International Law includes a special focus on international criminal law and Palestine as well as articles on Palestine and human rights discourse, and Sahrawi and Palestinian liberation in light of the international law of nationalism. It also includes essays on the criminalization of BDS in France in light of EU law, and on law and childhood in Palestine. . The Yearbook is an unparalleled reference work of general international law, in particular as related to Palestine and the Palestinian people. Published in cooperation with the Birzeit University Institute of Law, the Yearbook is a valuable resource for anyone seeking well-researched and timely information about Palestine and critical approaches to international law. Contributors include Omar Yousef Shehabi, Luisa Giannini, Michelle Staggs Kelsall, Sara Razai, Lama Karame, Diana Buttu, and Lori Allen.
Please click here for the online version including the abstracts of the articles of The Palestine Yearbook of International Law.
Please click here for the online version including the abstracts of the articles of The Palestine Yearbook of International Law.
Editor:
Under the editorship of Nimer Sultany, the peer-reviewed Volume 23 of the Palestine Yearbook of International Law includes a special focus on international criminal law and Palestine as well as articles on Palestine and human rights discourse, and Sahrawi and Palestinian liberation in light of the international law of nationalism. It also includes essays on the criminalization of BDS in France in light of EU law, and on law and childhood in Palestine. . The Yearbook is an unparalleled reference work of general international law, in particular as related to Palestine and the Palestinian people. Published in cooperation with the Birzeit University Institute of Law, the Yearbook is a valuable resource for anyone seeking well-researched and timely information about Palestine and critical approaches to international law. Contributors include Omar Yousef Shehabi, Luisa Giannini, Michelle Staggs Kelsall, Sara Razai, Lama Karame, Diana Buttu, and Lori Allen.
Please click here for the online version including the abstracts of the articles of The Palestine Yearbook of International Law.
Please click here for the online version including the abstracts of the articles of The Palestine Yearbook of International Law.
A Challenging Relationship
What makes the relationship between Switzerland and the EU so challenging? For both parties, mutual relations are of crucial importance, not least economically. As a result of the Swiss voters’ rejection of the European Economic Area 30 years ago, there is at present a large number of agreements agreements that provide for Switzerland's partial participation in the EU's internal market as well as other matters. At the same time, there has now for more than a decade been an increasing degree of institutional and legal uncertainty. The present volume offers an inventory of different sides of this special relationship, which is interesting also in a comparative context.
A Challenging Relationship
What makes the relationship between Switzerland and the EU so challenging? For both parties, mutual relations are of crucial importance, not least economically. As a result of the Swiss voters’ rejection of the European Economic Area 30 years ago, there is at present a large number of agreements agreements that provide for Switzerland's partial participation in the EU's internal market as well as other matters. At the same time, there has now for more than a decade been an increasing degree of institutional and legal uncertainty. The present volume offers an inventory of different sides of this special relationship, which is interesting also in a comparative context.
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics.
The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.
The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics.
The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.
The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.
Managing Editor:
The Max Planck Yearbook of United Nations Law (UNYB), founded in 1997, appears under the auspices of the Max Planck Foundation for International Peace and the Rule of Law. Volume 25 of the UNYB is a special anniversary edition that features contributions which look back on the key developments in the United Nations’ activities in the field of international law since 1997. By concentrating on issues connected with the UN and its initiatives, the UNYB aims to facilitate an understanding of the changes the UN has been undergoing since its foundation. It also provides a forum in which the potential of international organisations to affect the future course of international law and relations can be examined and assessed. Articles featured in the UNYB either relate to ‘The Law and Practice of the United Nations’ or ‘Legal Issues Related to the Goals of the United Nations’. The UNYB addresses both scholars and practitioners, giving them insights into the workings, challenges and evolution of the UN.
The Max Planck Yearbook of United Nations Law (UNYB), founded in 1997, appears under the auspices of the Max Planck Foundation for International Peace and the Rule of Law. Volume 25 of the UNYB is a special anniversary edition that features contributions which look back on the key developments in the United Nations’ activities in the field of international law since 1997. By concentrating on issues connected with the UN and its initiatives, the UNYB aims to facilitate an understanding of the changes the UN has been undergoing since its foundation. It also provides a forum in which the potential of international organisations to affect the future course of international law and relations can be examined and assessed. Articles featured in the UNYB either relate to ‘The Law and Practice of the United Nations’ or ‘Legal Issues Related to the Goals of the United Nations’. The UNYB addresses both scholars and practitioners, giving them insights into the workings, challenges and evolution of the UN.