Combating Crime in the Digital Age: A Critical Review of EU Information Systems in the Area of Freedom, Security and Justice; Challenges for Criminal Law and Personal Data Protection provides a systematic and comprehensive account of EU information systems functioning in the area of freedom, security and justice, with the aim to establish the contemporary links between information sharing and criminal law and evaluate its consequences. Part I offers a systemisation and critical assessment of pertinent systems (ECRIS, ECRIS-TCN, Prüm, PNR, Europol, SIS, Eurodac, VIS, EES, ETIAS) and the new interoperability regime from the perspective of their objective to prevent and combat serious crime. Part II explores personal data protection law, police law and criminal procedure law, in order to propose safeguards and limitations for regulating this rapidly evolving framework and addressing the challenges for fundamental principles and rights. The authors’ central suggestion is that the issue falls within the context of an emerging precognitive paradigm of criminal law.
This study analyses the modern EU counter-terrorism trends, focusing on two parallel axes: (a) the repressive one, where new criminal offences related to terrorist activity (receiving training for terrorism, terrorist financing, travelling and facilitating travelling for the purpose of terrorism) have been instituted, and (b) the preventive one, where establishing a framework of provisions aiming to deter terrorist financing prevails. After critically evaluating EU's interventions in both axes, the study concludes by noting a ‘paradigm shift’ between repression and prevention in the field of countering terrorism, while suggesting proposals on a transposition of Directive (EU) 2017/541 into national legislations that adheres to the fundamental EU law principles, and a preventive control over terrorist financing that abides by the rule of law.
Law’s Dominion, Jay Berkovitz offers a novel approach to the history of early modern Jewry. Set in the city of Metz, on the Moselle river, this study of a vibrant prerevolutionary community draws on a wide spectrum of legal sources that tell a story about community, religion, and family that has not been told before.
Focusing on the community’s leadership, public institutions, and judiciary, this study challenges the assumption that Jewish life was in a steady state of decline before the French Revolution. To the contrary, the evidence reveals a robust community that integrated religious values and civic consciousness, interacted with French society, and showed remarkable signs of collaboration between Jewish law and the French judicial system.
Counter-Terrorism Financing: International Best Practices and the Law, Nathalie Rébé, offers a new comprehensive framework for CTF worldwide and reviews the strengths and weaknesses of current regulations and policies.
Both accessible, interesting and engaging in how it approaches chronic problems of Counter-Terrorism Financing, this book provides general understanding of this topic with a literature review and a gap-analysis based on CTF experts’ advices, as well as a very detailed analysis of current international regulatory tools.
Nathalie Rébé’s ‘all-in’one’ CTF manual is innovative in this field and provides answers for the international community to fight terrorism financing together more effectively, using a set of standards which promotes strong and diligent cooperation between countries concerning reporting, information exchange and gathering, as well as enforcement.
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.
The ITLOS Yearbook 2018 provides information on the composition, jurisdiction, procedure and organization of the Tribunal and reports on its judicial activities in 2018, in particular concerning Case No. 25. The Yearbook is prepared by the Registry of the Tribunal.
Le TIDM Annuaire 2018 fournit des informations essentielles concernant la composition, la compétence, la procédure et l’organisation du Tribunal. Il donne également un aperçu des activités judiciaires du Tribunal au cours de l’année 2018, en particulier en ce qui concerne l’affaire no. 25. L’Annuaire est rédigé par le Greffe du Tribunal.
Re-Situating Utopia Matthew Nicholson argues that international law and international legal theory are dominated by a ‘blueprint’ utopianism that presents international law as the means of achieving a better global future. Contesting the dominance of this blueprintism, Nicholson argues that this approach makes international law into what philosopher Louis Marin describes as a “degenerate utopia” – a fantastical means of trapping thought and practice within contemporary social and political conditions, blocking any possibility that those conditions might be transcended. As an alternative, Nicholson argues for an iconoclastic international legal utopianism – Utopia not as a ‘blueprint’ for a better future, operating within the confines of existing social and political reality, but as a means of seeking to negate and exit from that reality – as the only way to maintain the idea that international law offers a path towards a truly better future.
Use of Experts in International Freshwater Disputes, Mbengue and Das offer a critical assessment of the involvement of experts in resolving international water disputes. International disputes related to freshwater are increasing in number and complexity. The rising complexity is necessarily accompanied and compounded by the involvement of experts in dispute resolution. This monograph examines, through a number of case studies, decided by international tribunals, the role and use (or absence) of experts in international freshwater disputes. Through this examination, the authors identify the lacunae as well as good practices in expert use in disputes of this nature. The monograph goes on to suggest the best practices with respect to expert involvement and use for a more efficient and fair resolution of international water disputes.
The Selection and Removal of Arbitrators in Investor-State Dispute Settlement examines two essential features in investor-state dispute resolution: how arbitrators are selected and removed. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, Professor Chiara Giorgetti, an expert in international arbitration, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. She then reviews critically arbitrators’ necessary and desirable qualities, and addresses some important and related policy issues, such as diversity and repeat appointments. In her work, she also includes an assessment of the calls to review how arbitrators are appointed, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Groups III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes. In its second part, this monograph examines how arbitrators can be removed and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities. It then also reviews the relevant case-law on challenges. The monograph assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.