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Challenges for Criminal Law and Personal Data Protection
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.
Are Obligations Related to Information Exchange Still Needed?
Clan societies differ substantially from Western democratic states. Clan societies are based around the extended family. Honour and solidarity are important, which is reflected in nepotism and blood revenge. However, a more positive aspect of clan societies is the use of reconciliation to solve conflicts. This guarantees that parties to a conflict can cooperate in the future. When intervening in a clan based society it is important to be aware of the differences compared to Western democracy. Based on theory and practice the cases of Afghanistan, Iraq, Albania and Chechnya are investigated. This book explains clan society and provides tools to facilitate state building and democratization in clan based societies for those who intervene, aimed at conflict resolution and democratization.
In 2015 the United Nations adopted a set of seventeen goals “to end poverty, protect the planet and ensure prosperity for all”, with specific targets for each goal to be achieved by 2030. These are the Sustainable Development Goals [SDGs] of the United Nations, or "Transforming our World: the 2030 Agenda for Sustainable Development". The UN calls on governments, the private sector, individuals and civil society bodies to join together to achieve these goals.

This volume groups international organizations by the seventeen UN Sustainable Development Goals, indicating which organizations are – or could be – concerned with which SDGs. It can also be used as an index to descriptions in Volume 1. Each organization is listed with its complete address.

In 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.
In 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.

Abstract

International disputes related to freshwater resources 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 case studies of international tribunal decisions, the role and use (or absence) of experts in international freshwater disputes. Through this examination, the authors identify the good practices as well as the lacunae 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 fair and efficient resolution of international water disputes.

In: Brill Research Perspectives in International Water Law
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.