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A Commentary
Editor:
The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific analysis and reflection of how each one of the rights enshrined therein have evolved over time.
A Commentary
Editor:
The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific analysis and reflection of how each one of the rights enshrined therein have evolved over time.
Quantification of Performances as Regulatory Technique
The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.
Quantification of Performances as Regulatory Technique
The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.
States on a Spectrum of Democratisation
What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data.
The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
States on a Spectrum of Democratisation
What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data.
The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
Karabagh, Nakhichevan and Azerbaijan in Contemporary Geopolitical Conflict
This is the first multidisciplinary volume with the focus on the barely accessible highlands between Armenia and Azerbaijan, and their invaluable artistic heritage. Numerous ancient and mediaeval monuments of Artsakh/Karabagh and Nakhichevan find themselves in the crucible of a strife involving mutually exclusive national accounts. They are gravely endangered today by the politics of cultural destruction endorsed by the modern State of Azerbaijan.
The book is composed of 16 contributions by renowned scholars from eight nations. It contains rare photographic documentation and a detailed inventory. Part One explores the historical geography of these lands and their architecture. Part Two analyses the development of Azerbaijani nationalism against the background of the centuries-long geopolitical contest between Russia and Turkey. Part Three documents instances of destroyed monuments and examines them in the light of international law.
The book is composed of 16 contributions by renowned scholars from eight nations. It contains rare photographic documentation and a detailed inventory. Part One explores the historical geography of these lands and their architecture. Part Two analyses the development of Azerbaijani nationalism against the background of the centuries-long geopolitical contest between Russia and Turkey. Part Three documents instances of destroyed monuments and examines them in the light of international law.
Karabagh, Nakhichevan and Azerbaijan in Contemporary Geopolitical Conflict
This is the first multidisciplinary volume with the focus on the barely accessible highlands between Armenia and Azerbaijan, and their invaluable artistic heritage. Numerous ancient and mediaeval monuments of Artsakh/Karabagh and Nakhichevan find themselves in the crucible of a strife involving mutually exclusive national accounts. They are gravely endangered today by the politics of cultural destruction endorsed by the modern State of Azerbaijan.
The book is composed of 16 contributions by renowned scholars from eight nations. It contains rare photographic documentation and a detailed inventory. Part One explores the historical geography of these lands and their architecture. Part Two analyses the development of Azerbaijani nationalism against the background of the centuries-long geopolitical contest between Russia and Turkey. Part Three documents instances of destroyed monuments and examines them in the light of international law.
The book is composed of 16 contributions by renowned scholars from eight nations. It contains rare photographic documentation and a detailed inventory. Part One explores the historical geography of these lands and their architecture. Part Two analyses the development of Azerbaijani nationalism against the background of the centuries-long geopolitical contest between Russia and Turkey. Part Three documents instances of destroyed monuments and examines them in the light of international law.
Sovereignty, Exception, and Biopolitics
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
Sovereignty, Exception, and Biopolitics
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
Founding Editor:
The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague.
In this volume, several articles focus on the questions of international legal personality, the legal rights and duties of individuals in certain specialised international legal regimes and their procedures, and the use and abuse of international law in the EU legal order.
In this volume, several articles focus on the questions of international legal personality, the legal rights and duties of individuals in certain specialised international legal regimes and their procedures, and the use and abuse of international law in the EU legal order.
The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague.
In this volume, several articles focus on the questions of international legal personality, the legal rights and duties of individuals in certain specialised international legal regimes and their procedures, and the use and abuse of international law in the EU legal order.
In this volume, several articles focus on the questions of international legal personality, the legal rights and duties of individuals in certain specialised international legal regimes and their procedures, and the use and abuse of international law in the EU legal order.
The mechanism of international investment arbitration developed within public international law, as one of its oldest and most central disciplines. In recent decades, much attention has been paid to the astonishing evolution of the field. By contrast, the relationship between international investment arbitration and private international law (including private law in general) has received relatively little consideration.
The modern international investment claims regime faces several proposals for reform, mainly directing their criticism toward the current practice of arbitration. However, a core issue remains unaddressed in most of these reform discussions, namely: the nature of the substantive law applicable to foreign investments. An adjudicator, whoever and however appointed, is limited in their ability to produce reliable precedent in the absence of an appropriate substantive regulatory framework.
This book takes no position regarding the question of the optimal dispute resolution mechanism or the avenues of reform for international investment claims, and instead focuses on the critical matter of the applicable substantive law, with its intricacies, complexities and nuances. Given that there is no realistic hope for the negotiation, much less the ratification, of a universal instrument to comprehensively deal with this matter, focus can and must shift to current evolution in relevant areas of law related to foreign investments.
Impressive developments in public and private international law, and in international arbitration, already exist today that, taken as a whole, are conducive to a more appropriate handling of the substantive law applicable to foreign investments. However, better interdisciplinary dialogue is needed. Hopefully, this book will make a case in favor of that necessity.
The modern international investment claims regime faces several proposals for reform, mainly directing their criticism toward the current practice of arbitration. However, a core issue remains unaddressed in most of these reform discussions, namely: the nature of the substantive law applicable to foreign investments. An adjudicator, whoever and however appointed, is limited in their ability to produce reliable precedent in the absence of an appropriate substantive regulatory framework.
This book takes no position regarding the question of the optimal dispute resolution mechanism or the avenues of reform for international investment claims, and instead focuses on the critical matter of the applicable substantive law, with its intricacies, complexities and nuances. Given that there is no realistic hope for the negotiation, much less the ratification, of a universal instrument to comprehensively deal with this matter, focus can and must shift to current evolution in relevant areas of law related to foreign investments.
Impressive developments in public and private international law, and in international arbitration, already exist today that, taken as a whole, are conducive to a more appropriate handling of the substantive law applicable to foreign investments. However, better interdisciplinary dialogue is needed. Hopefully, this book will make a case in favor of that necessity.
The mechanism of international investment arbitration developed within public international law, as one of its oldest and most central disciplines. In recent decades, much attention has been paid to the astonishing evolution of the field. By contrast, the relationship between international investment arbitration and private international law (including private law in general) has received relatively little consideration.
The modern international investment claims regime faces several proposals for reform, mainly directing their criticism toward the current practice of arbitration. However, a core issue remains unaddressed in most of these reform discussions, namely: the nature of the substantive law applicable to foreign investments. An adjudicator, whoever and however appointed, is limited in their ability to produce reliable precedent in the absence of an appropriate substantive regulatory framework.
This book takes no position regarding the question of the optimal dispute resolution mechanism or the avenues of reform for international investment claims, and instead focuses on the critical matter of the applicable substantive law, with its intricacies, complexities and nuances. Given that there is no realistic hope for the negotiation, much less the ratification, of a universal instrument to comprehensively deal with this matter, focus can and must shift to current evolution in relevant areas of law related to foreign investments.
Impressive developments in public and private international law, and in international arbitration, already exist today that, taken as a whole, are conducive to a more appropriate handling of the substantive law applicable to foreign investments. However, better interdisciplinary dialogue is needed. Hopefully, this book will make a case in favor of that necessity.
The modern international investment claims regime faces several proposals for reform, mainly directing their criticism toward the current practice of arbitration. However, a core issue remains unaddressed in most of these reform discussions, namely: the nature of the substantive law applicable to foreign investments. An adjudicator, whoever and however appointed, is limited in their ability to produce reliable precedent in the absence of an appropriate substantive regulatory framework.
This book takes no position regarding the question of the optimal dispute resolution mechanism or the avenues of reform for international investment claims, and instead focuses on the critical matter of the applicable substantive law, with its intricacies, complexities and nuances. Given that there is no realistic hope for the negotiation, much less the ratification, of a universal instrument to comprehensively deal with this matter, focus can and must shift to current evolution in relevant areas of law related to foreign investments.
Impressive developments in public and private international law, and in international arbitration, already exist today that, taken as a whole, are conducive to a more appropriate handling of the substantive law applicable to foreign investments. However, better interdisciplinary dialogue is needed. Hopefully, this book will make a case in favor of that necessity.
Towards a ‘Complete Remedy System’ Counterbalancing Jurisdictional Immunity
In the broader context of the accountability of international organisations, this book focuses on the obligation of the United Nations - like many other organisations - to ‘make provisions for appropriate modes of settlement of [...] disputes of a private law character’ to which it is a party. The book advocates a systematic approach in conformity with the rule of law in discharging that obligation. That is needed to increase the legitimacy of international organisations, while bolstering their jurisdictional immunity. The book develops the basic features of a comprehensive dispute settlement mechanism, complemented by a new United Nations convention.
Towards a ‘Complete Remedy System’ Counterbalancing Jurisdictional Immunity
In the broader context of the accountability of international organisations, this book focuses on the obligation of the United Nations - like many other organisations - to ‘make provisions for appropriate modes of settlement of [...] disputes of a private law character’ to which it is a party. The book advocates a systematic approach in conformity with the rule of law in discharging that obligation. That is needed to increase the legitimacy of international organisations, while bolstering their jurisdictional immunity. The book develops the basic features of a comprehensive dispute settlement mechanism, complemented by a new United Nations convention.
Common Law, Equity and Statute: The Effect of Juridical Sources on Choice-of-Law Methodology by Tiong Min Yeo.
New Trends in Private International Law of Insurance Contracts by Marco Frigessi Di Rattalma.
The Third Restatement of Conflict of Laws by Kermit Roosevelt III.
Colonialism: A Short History of International Law in Five Acts by Philippe Sands.
New Trends in Private International Law of Insurance Contracts by Marco Frigessi Di Rattalma.
The Third Restatement of Conflict of Laws by Kermit Roosevelt III.
Colonialism: A Short History of International Law in Five Acts by Philippe Sands.
Common Law, Equity and Statute: The Effect of Juridical Sources on Choice-of-Law Methodology by Tiong Min Yeo.
New Trends in Private International Law of Insurance Contracts by Marco Frigessi Di Rattalma.
The Third Restatement of Conflict of Laws by Kermit Roosevelt III.
Colonialism: A Short History of International Law in Five Acts by Philippe Sands.
New Trends in Private International Law of Insurance Contracts by Marco Frigessi Di Rattalma.
The Third Restatement of Conflict of Laws by Kermit Roosevelt III.
Colonialism: A Short History of International Law in Five Acts by Philippe Sands.
Series Editor:
The International Water Law Series publishes scholarly and other expert work on the increasingly important field of international freshwater law. Fresh water shared by two or more states, whether in the form of surface water or groundwater, is in growing demand as populations increase and economic activities such as agriculture and hydroelectric power production continue to develop. In addition, climate change is already bringing with it challenges to the established order, including a spectrum of problems ranging from droughts, glacial melting and reduced precipitation to floods and other water-related disasters caused by increasingly extreme climatic events. Works in this series will address these problems, proposing carefully-considered methods of dealing with them, where appropriate.