Browse results

Domestic Courts and the Interpretation of International Law

Methods and Reasoning Based on the Swiss Example

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Odile Ammann

The European Union Returns Directive and its Compatibility with International Human Rights Law

Analysis of Return Decision, Entry Ban, Detention, and Removal

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Izabella Majcher

The book undertakes a throughout human rights assessment of the EU Returns Directive. The overarching human rights framework which circumscribes states’ prerogatives in the context of expulsion builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on the assessment of the Directive against this human rights framework, Izabella Majcher discusses several protection gaps in the Directive’s provisions which may result in violations of migrants’ rights and highlights how the Directive’s rules should be implemented to comply with member states’ human rights obligations. Informed by this assessment, the book discusses draft amendments to the Directive, proposed by the European Commission in September 2018.

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Pauline Melin

In The External Dimension of EU Social Security Coordination: Towards a Common EU Approach, Pauline Melin provides a detailed legal analysis of the framework on social security coordination with third countries and offers alternative policy solutions to the current fragmented approach.

The analysis comprises a complete overview of the EU approach to social security coordination with third countries, 9 bilateral agreements (between Belgium, Germany, and the Netherlands, with respectively India, Turkey, and USA) and international standards. Based on this analysis, the author explores the possibility from an institutional perspective to develop a common EU approach through the conclusion of EU agreements. The author concludes by favouring an alternative softer solution through an EU model agreement and proposes that the content of that model agreement be based on the best practices of the current framework.

Extradition Law

Reviewing Grounds for Refusal from the Classic Paradigm to Mutual Recognition and Beyond

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Miguel João Costa

In Extradition Law, Miguel João Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform.
The book critically analyses numerous themes – from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law – at the national, European and global levels. Moreover, while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition either.
The result is a new model based on mutual respect, enabling States to increase cooporation whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.

Cultural Heritage in the European Union

A Critical Inquiry into Law and Policy

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Edited by Andrzej Jakubowski, Kristin Hausler and Francesca Fiorentini

Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.

Maritime Cooperation in Semi-Enclosed Seas

Asian and European Experiences

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Edited by Keyuan Zou

Maritime Cooperation in Semi-Enclosed Seas, edited by Keyuan Zou, brings together distinguished scholars to discuss how and to what extent Article 123 of the LOSC has been implemented in state practice in East Asia and Europe, and what kind of existing experiences can be observed and lessons drawn so as to promote maritime cooperation in semi-enclosed seas. An interdisciplinary approach has been taken to broaden the scope of discussion on how to strengthen the implementation of the LOSC.
The book is divided into four parts: “International Legal Framework for Semi-Enclosed Seas Cooperation,” “Cooperative Management of Marine Resources,” “Handling Non-Traditional Security Issues,” and “New Challenges to Semi-Enclosed Seas Cooperation.” In addition to general discussions on semi-enclosed seas, the volume offers special geographic coverage of the East China Sea and South China Sea in East Asia and the North Sea and Mediterranean Sea in Europe.

Edited by Council of Europe

Special missions play an increasing and crucial role in international diplomacy and yet the international law governing them remains to some extent uncertain. This book is based on the responses of States to the questionnaire of the Council of Europe Committee of Legal Advisers on Public International Law (CAHDI) on ‘Immunities of special missions’, considered against the background of the 1969 United Nations Convention on Special Missions, key judicial decisions and national legislation on special mission immunity, government statements, and other state practice and evidence of opinio juris. The book presents and analyses the international law and practice governing special missions, while identifying remaining areas of uncertainty.

This volume contains an up-to-date analysis of the law and practice of special missions, based on information from a wide range of States. It aims to provide a practical guide on this issue for governments, judges, practitioners, academics and students alike.

Immunités des missions spéciales
Les missions spéciales jouent un rôle croissant et crucial sur la scène diplomatique internationale et pourtant, le droit international qui les régit reste dans une certaine mesure incertain. Ce livre s’appuie sur les réponses des Etats au questionnaire du Comité des conseillers juridiques sur le droit international public (CAHDI) du Conseil de l'Europe sur les « immunités des missions spéciales », à la lumière de la Convention des Nations Unies sur les missions spéciales de 1969, de la législation nationale et de la jurisprudence sur l'immunité des missions spéciales, des déclarations gouvernementales et d'autres pratiques étatiques et la preuve de l' opinio juris. L’ouvrage présente et analyse le droit international et la pratique régissant les missions spéciales, tout en identifiant les domaines où des incertitudes subsistent.

Ce volume contient une analyse à jour de la législation et de la pratique relatives aux missions spéciales, basée sur des informations provenant de nombreux Etats. Il vise à fournir un guide pratique sur cette question pour les gouvernements, les juges, les praticiens, les universitaires et les étudiants.

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Francisco Pascual-Vives

In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.

The Future of EU Criminal Justice Policy and Practice

Legal and Criminological Perspectives

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Edited by Jannemieke Ouwerkerk, Judit Altena, Jacob Öberg and Samuli Miettinen

EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders. The book concludes with a demonstration of how similar issues arise in the field of procedural criminal law.

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Christian H. Kälin

In Ius Doni in International Law and EU Law, Dr. Christian H. Kälin establishes the concept of ius doni in the contemporary legal and political theorising of citizenship. Providing a comprehensive analysis of the subject, it discusses the legal and political concepts of citizenship. It also introduces a new term for what is already an increasingly common and accepted practice of granting citizenship on the basis of substantial contributions to the State. Consisting of two main parts – law and practice – the monograph analyses the ius doni concept in both international law and EU law, further tests its application in practice and establishes best practices among states. Finally, the book discusses the conceptual and practical implications for citizenship.