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The Baltic Yearbook of International Law is published under the auspices of the Baltic Editorial Board within the framework of cooperation between the Riga Graduate School of Law and Brill/Nijhoff Publishers. The Yearbook aims to bring to the international debate issues of importance in the Baltic States, providing a forum for views on topical international law themes from Baltic and international scholars. The first volume appeared in 2001 with a symposium on the question of the international legal status of the Baltic States.
The Yearbook contains state practice reports from Estonia, Latvia and Lithuania, thus serving as an important source of international law unavailable elsewhere. From time to time the Yearbook offers articles discussing the history of international law and current issues in Eastern Europe and the Russian Federation, thus making regional discourse more accessible to a wider global audience.
Volume 20 is devoted to the theme of Estonian Tradition in International Law and was put together mainly by international law scholars at the University of Tartu, the oldest Estonian university. It also includes papers from a symposium for non-Western States on international law and cyber operations, co-organized together with CCDCOE, the NATO Cooperative Cyber Defence Centre of Excellence, in Tallinn.
The Yearbook contains state practice reports from Estonia, Latvia and Lithuania, thus serving as an important source of international law unavailable elsewhere. From time to time the Yearbook offers articles discussing the history of international law and current issues in Eastern Europe and the Russian Federation, thus making regional discourse more accessible to a wider global audience.
Volume 20 is devoted to the theme of Estonian Tradition in International Law and was put together mainly by international law scholars at the University of Tartu, the oldest Estonian university. It also includes papers from a symposium for non-Western States on international law and cyber operations, co-organized together with CCDCOE, the NATO Cooperative Cyber Defence Centre of Excellence, in Tallinn.
The Baltic Yearbook of International Law is published under the auspices of the Baltic Editorial Board within the framework of cooperation between the Riga Graduate School of Law and Brill/Nijhoff Publishers. The Yearbook aims to bring to the international debate issues of importance in the Baltic States, providing a forum for views on topical international law themes from Baltic and international scholars. The first volume appeared in 2001 with a symposium on the question of the international legal status of the Baltic States.
The Yearbook contains state practice reports from Estonia, Latvia and Lithuania, thus serving as an important source of international law unavailable elsewhere. From time to time the Yearbook offers articles discussing the history of international law and current issues in Eastern Europe and the Russian Federation, thus making regional discourse more accessible to a wider global audience.
Volume 20 is devoted to the theme of Estonian Tradition in International Law and was put together mainly by international law scholars at the University of Tartu, the oldest Estonian university. It also includes papers from a symposium for non-Western States on international law and cyber operations, co-organized together with CCDCOE, the NATO Cooperative Cyber Defence Centre of Excellence, in Tallinn.
The Yearbook contains state practice reports from Estonia, Latvia and Lithuania, thus serving as an important source of international law unavailable elsewhere. From time to time the Yearbook offers articles discussing the history of international law and current issues in Eastern Europe and the Russian Federation, thus making regional discourse more accessible to a wider global audience.
Volume 20 is devoted to the theme of Estonian Tradition in International Law and was put together mainly by international law scholars at the University of Tartu, the oldest Estonian university. It also includes papers from a symposium for non-Western States on international law and cyber operations, co-organized together with CCDCOE, the NATO Cooperative Cyber Defence Centre of Excellence, in Tallinn.
Volume Two: Uses of History in Constitutional Adjudication
Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution’s provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases.
Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.
Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.
Volume Two: Uses of History in Constitutional Adjudication
Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution’s provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases.
Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.
Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.
Rule of Law Guardian for the Public Health Derogation
In an era of Covid 19, the book The Court of Justice of the European Union explores the extent to which the CJEU can realise a powerful role as guardian of the EU’s rule of law in a public health emergency. Drawing on an extensive literature review, it The Court of Justice of the European Unionargues the CJEU can realise such a role by anchoring a structured rule of law review in its reasoning when considering the exercise by the Member States of the public health derogation. Both the legal reasoning of the CJEU during the Covid 19 public health emergency and its aftermath, as well as the related challenges to the EU’s rule of law, are legally and politically of intense interest to legal academics, legal practitioners, policy makers and students.
Rule of Law Guardian for the Public Health Derogation
In an era of Covid 19, the book The Court of Justice of the European Union explores the extent to which the CJEU can realise a powerful role as guardian of the EU’s rule of law in a public health emergency. Drawing on an extensive literature review, it The Court of Justice of the European Unionargues the CJEU can realise such a role by anchoring a structured rule of law review in its reasoning when considering the exercise by the Member States of the public health derogation. Both the legal reasoning of the CJEU during the Covid 19 public health emergency and its aftermath, as well as the related challenges to the EU’s rule of law, are legally and politically of intense interest to legal academics, legal practitioners, policy makers and students.
Rethinking the Legitimacy of Public International Law
Rethinking the Legitimacy of Public International Law
From the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649 to the Bolshevik Revolution of 1917
This book examines the development of Russian law from 1649 (the Council Code of Tsar Aleksei Mikhailovich) up to the Bolshevik Revolution of 1917. Most of what happened during this eventful period found reflection in legislation and was in fact brought about by legislation. This applies to the fundamental reforms of the Russian state by Peter the Great, the abolition of serfdom and the agricultural reforms of the 1860’s, the creation of a modern system of courts during the same period, and the hesitant introduction of a more democratic system of governance through the Constitution of 1906.
The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law.
The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: “A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649”, Brill, 2017.
The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law.
The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: “A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649”, Brill, 2017.
From the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649 to the Bolshevik Revolution of 1917
This book examines the development of Russian law from 1649 (the Council Code of Tsar Aleksei Mikhailovich) up to the Bolshevik Revolution of 1917. Most of what happened during this eventful period found reflection in legislation and was in fact brought about by legislation. This applies to the fundamental reforms of the Russian state by Peter the Great, the abolition of serfdom and the agricultural reforms of the 1860’s, the creation of a modern system of courts during the same period, and the hesitant introduction of a more democratic system of governance through the Constitution of 1906.
The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law.
The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: “A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649”, Brill, 2017.
The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law.
The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: “A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649”, Brill, 2017.
Indigenous Peoples, Natural Resources and Permanent Sovereignty explores the possibility to conceive a permanent sovereignty over natural resources vested in indigenous peoples rather than in States.
The author examines the conceptualization and content under customary international law of indigenous rights with respect to natural resources, including the impact of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007.
The book provides a deep and updated analysis on international customs, international and regional conventions and the jurisprudence of regional courts concerning indigenous rights to natural resources, including the most recent developments in domestic jurisprudence and legislation.
The author examines the conceptualization and content under customary international law of indigenous rights with respect to natural resources, including the impact of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007.
The book provides a deep and updated analysis on international customs, international and regional conventions and the jurisprudence of regional courts concerning indigenous rights to natural resources, including the most recent developments in domestic jurisprudence and legislation.