While the Security Council has been mandating peacekeepers to protect civilians since 1999, there is still contention on its legal meaning. Even though the concept of ‘protection’ can seem self-evident, as the concept of ‘protection’ is borrowed language, each body of law will perceive ‘protection’ through a different lens. However, as the mandate creates a legal obligation on UN peace missions, a clear understanding of protection is fundamental to ensure performance and accountability.
While the Security Council has been mandating peacekeepers to protect civilians since 1999, there is still contention on its legal meaning. Even though the concept of ‘protection’ can seem self-evident, as the concept of ‘protection’ is borrowed language, each body of law will perceive ‘protection’ through a different lens. However, as the mandate creates a legal obligation on UN peace missions, a clear understanding of protection is fundamental to ensure performance and accountability.
How much discretion do bureaucrats have when deciding who gets refugee status? Where does the boundary between law and practice lie when it comes to asylum in the European Union? In this book, you will find answers to these questions in an exploration of the decision-making context in which policy implementors conduct their work and turn policies into practice. Drawing from the insights of street-level bureaucracy and role-conflict theory, a better understanding is given of how decisions are made by policy implementers in situations of incomplete information or ambiguous policy vision and guidance.
How much discretion do bureaucrats have when deciding who gets refugee status? Where does the boundary between law and practice lie when it comes to asylum in the European Union? In this book, you will find answers to these questions in an exploration of the decision-making context in which policy implementors conduct their work and turn policies into practice. Drawing from the insights of street-level bureaucracy and role-conflict theory, a better understanding is given of how decisions are made by policy implementers in situations of incomplete information or ambiguous policy vision and guidance.
How does the hybrid nature of SWFs affect the application of state immunity to these funds? May an SWF be sued in foreign courts for wrongful acts committed in the course of its investment activities? Can SWF investments be attached by a private creditor seeking to enforce an investment arbitration award against the fund’s state of nationality? This monograph addresses these questions from the perspective of the 2004 New York Convention and six selected jurisdictions (US, UK, France, Germany, Italy, China), with the broader aim of highlighting potential new standards for implementation of the state immunity rule to SWFs.
How does the hybrid nature of SWFs affect the application of state immunity to these funds? May an SWF be sued in foreign courts for wrongful acts committed in the course of its investment activities? Can SWF investments be attached by a private creditor seeking to enforce an investment arbitration award against the fund’s state of nationality? This monograph addresses these questions from the perspective of the 2004 New York Convention and six selected jurisdictions (US, UK, France, Germany, Italy, China), with the broader aim of highlighting potential new standards for implementation of the state immunity rule to SWFs.
Statehood, territory and international spaces are at the heart of a specific branch of international law: the international law of territory. International territorial disputes and their settlement are investigated from the standpoint of legal titles: acquisition and loss of territorial sovereignty, use of force (annexation, conquest), the right of peoples to self-determination (and secession), ius cogens norms etc. The existence, among others, of de facto states, puppet states, ‘drowning’ and ‘failed’ States shows the Protean character of statehood. Peculiar territorial regimes are likewise examined: international administration, leases, servitudes, protectorates, international cities and territories, as well as the League of Nations Mandates and the United Nations Trusteeship system.
Statehood, territory and international spaces are at the heart of a specific branch of international law: the international law of territory. International territorial disputes and their settlement are investigated from the standpoint of legal titles: acquisition and loss of territorial sovereignty, use of force (annexation, conquest), the right of peoples to self-determination (and secession), ius cogens norms etc. The existence, among others, of de facto states, puppet states, ‘drowning’ and ‘failed’ States shows the Protean character of statehood. Peculiar territorial regimes are likewise examined: international administration, leases, servitudes, protectorates, international cities and territories, as well as the League of Nations Mandates and the United Nations Trusteeship system.