EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders. The book concludes with a demonstration of how similar issues arise in the field of procedural criminal law.
Symbolic Insult in Diplomacy: A Subtle Game of Diplomatic Slap, Alisher Faizullaev describes how states and their representatives may use manipulative practices for influencing the opponent. The author distinguishes three forms of using symbolic insult in diplomacy: by misrecognition (“diplomatic bypassing”), direct confrontation (“diplomatic punch”), and concealed verbal or nonverbal actions (“diplomatic slap”). The book focuses on “diplomatic slap” – employing obscure symbolic insult as a means of tacit manipulation. Analyzing historical and modern cases, Alisher Faizullaev shows that implicit symbolic insult usually appears ambiguously, and allows the offender to stay engaged with the victim. This work reveals vailed aspects of diplomatic practices and represents a valuable source for students and practitioners of international politics and diplomacy.
Most books and articles still treat leadership and ethics as related though separate phenomena. This edited volume is an exception to that rule, and explicitly treats leadership and ethics as a single domain. Clearly, ethics is an aspect of leadership, and not a distinct approach that exists alongside other approaches to leadership. This holds especially true for the for the military, as it is one of the few organizations that can legitimately use violence. Military leaders have to deal with personnel who have either used or experienced violence. This intertwinement of leadership and violence separates military leadership from leadership in other professions. Even in a time that leadership is increasingly questioned, it is still good leadership that keeps soldiers from crossing the thin line between legitimate force and excessive violence
The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.
According to mainstream economic thinking, inspired by the ideas of Smith, Ricardo and others, globalisation of the world economy is profitable. But unlike these classic writers, neoliberal economists pay little attention to the moral and social consequences of economic policies. Despite the fact that present social circumstances differ a great deal from those in the time of Smith and Ricardo they keep maintaining that “an invisible hand” will further social ends. In doing so they ignore growing poverty worldwide and the exclusion of countries from the international legal order and of people from the right to social participation and freedom.
This book pays attention to economic aspects of globalisation and also to philosophical, legal, social, cultural, ethical and ecological aspects. Its aim is to contribute to possible solutions for worldwide problems that accompany the globalisation process.
This book critically examines existing theories of international law and makes the case for an alternative Marxist approach. China Miéville draws on the pioneering jurisprudence of Evgeny Pashukanis linking law to commodity exchange, and in turn uses international law to make better sense of Pashukanis. Miéville argues that despite its advances, the recent ‘New Stream’ of radical international legal scholarship, like the mainstream it opposes, fails to make sense of the legal form itself. Drawing on Marxist theory and a critical history of international law from the sixteenth century to the present day, Miéville seeks to address that failure, and argues that international law is fundamentally constituted by the violence of imperialism.
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