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Concurrent Powers in Federal Systems

Meaning, Making, Managing

Series:

Edited by Nico Steytler

Concurrency of powers – the exercise of jurisdiction by federal governments and constituent units in the same policy areas – is a key, if not the central, mode of governance in most federal systems today. Moreover, the experience has been that federal governments dominate the concurrent space giving rise to contestation. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, edited by Professor Nico Steytler, is the first to examine from a comparative perspective this crucial issue confronting both established and emerging federations. Case studies of 16 countries on five continents dissect the various manifestations of concurrency, analyse what drives this modern governance mode, and review management strategies that seek to guard against central dominance of concurrent areas.

Prosecuting Human Rights Offences

Rethinking the Sword Function of Human Rights Law

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Krešimir Kamber

In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.

Law, Territory and Conflict Resolution

Law as a Problem and Law as a Solution

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Edited by Matteo Nicolini, Francesco Palermo and Enrico Milano

Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?

Global Constitutionalism and the Path of International Law

Transformation of Law and State in the Globalized World

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Surendra R. Bhandari

In Global Constitutionalism and the Path of International Law, Surendra Bhandari succinctly offers an account of the most important growth and features of international law from the perspectives of global constitutionalism. The author examines the concept from its constitutive features and the operative standards or modus operandi. These two aspects offer a new and innovative methodology in explicating the theory of ‘global constitutionalism’. By examining three cases: international trade (WTO), human rights, and the role of Security Council, the author demonstrates how the idea of global constitutionalism is shaping and deepening the path of international law in the 21st century and elucidates the development of international law as a body of positive rules.

Series:

Yu Gu

In Hong Kong's Legislature Under China's Sovereignty: 1998-2013 Dr Gu Yu thoroughly analyses how Hong Kong’s legislature has impacted the law-making process as well as the financial control and supervision of the executive branch of the government. The political cleavage in Hong Kong seen in recent years has affected the level of Legco’s autonomy in terms of leadership, rules, committee autonomy and control over the legislative agenda. Given the weakened autonomy of Legco and the decline of moderate forces in both the pro-Beijing and pro-democracy camps, the role of Legco as a collective actor of checks and balances against the executive branch has been weakened. This book will appeal to both academics and practitioners whose work involves the relationship between the legislature and the executive branch in the HKSAR.

Federalism as Decision-Making

Changes in Structures, Procedures and Policies

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Edited by Francesco Palermo and Elisabeth Alber

Accounting for participation, separation of powers and democratic accountability, federalism gains momentum in times when traditional democratic legitimacy of institutional decision-making is challenged. Its ability to include multiple interests makes federalism a means to ensure good governance.
Based on a multidisciplinary analysis, the book tackles the question of whether federalism as a pragmatic governance tool provides answers to current challenges and what those answers are. Thirty-three leading experts critically examine to what extent federalism serves this purpose in compound states, looking at different countries and policies.
The volume revolves around five sub-themes: ‘federalism, democracy and governance’, ‘participation mechanisms and procedures’, ‘policy areas compared’, ‘institutional innovation and participatory democracy’ and ‘federalism: from theory to governance’.

Edited by Anne Peters, Evelyne Lagrange, Stefan Oeter and Christian Tomuschat

The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’.
Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance.

Contains chapters in both English and French.

Minority Governance in and beyond Europe

Celebrating 10 Years of the European Yearbook of Minority Issues

Edited by Tove H. Malloy and Joseph Marko

Minority Governance in and beyond Europe offers a review of contemporary developments in minority relations. The publication addresses normative and institutional developments in a pan-European context. It tackles the theoretical and practical implications of power-sharing; the dichotomy of ‘old’ and ‘new’ minorities; human rights violations; public institutions for minority protection and abating discrimination; theoretical reflections on minority activism; political participation of minorities; justifications of minority protection; the evolution of language rights, and minorities in relation to EU law. It offers a lens that provides the reader with a clearer understanding about academic thinking and indicates where political will is needed to advance the minority rights protection regime in the future. Compiled to celebrate the 10th anniversary of the European Yearbook of Minority Issues, and offering a selection of the most important articles published in the Yearbook, this collection will be of great interest to scholars, students and policy-makers engaging in minority-related activities and interested in multiethnicity and cultural pluralism in Europe

The Culture of Judicial Independence

Rule of Law and World Peace

Edited by Shimon Shetreet

The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012).
This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.

Towards an International Law of Co-progressiveness, Part II

Membership, Leadership and Responsibility

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Sienho Yee

Expanding upon the normative position of co-progressiveness elaborated in Towards an International Law of Co-progressiveness (Martinus Nijhoff, 2004), this volume explores membership, leadership, and responsibility in the international system and how these matters reflect and inform international law. Issues discussed include: (1) the recognition and role of States, civilizations, and regions in the international system and how these entities are influenced by factors such as declarations of independence, intrinsic and instrumental values, diversity, and public opinion; (2) the distribution of power among States, its legitimacy, and the consequent influence this distribution has on the international system and world
politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.