Download or read book Legal Uncertainty and Indeterminacy Immutable Characteristics of the OSCE written by Carolyn Moser and published by . This book was released on 2018 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper (forthcoming in Steinbrück Platise/Moser/Peters (eds), The Legal Framework of the OSCE, Cambridge University Press) disentangles the complex questions relating to the legal status of the Organization for Security and Co-operation in Europe (OSCE). It unfolds in five steps. First, the political context, institutional development and operational realities of the OSCE - from its inception during the Cold War until its present situation - are briefly outlined. Then, the analysis moves on to describe the patchy legal environment of the OSCE, in particular the interrogations revolving around the entity's legal nature. Thirdly, the discussion turns to the international legal personality, domestic legal capacity and the privileges and immunities of the OSCE. The inquiry brings to the fore its current lack of a unified international legal personality, which is coupled with a lack of explicit and unequivocal rules on domestic legal personality ('capacity'), both of which, in turn, lead to the status of the OSCE and its members of staff depending on domestic law or, more precisely, on a patchwork of national legal regimes of various participating States. Building on these insights, the fourth section of the paper outlines different formalisation options with a view to coping with the current legal uncertainty and indeterminacy surrounding the OSCE. Finally, the paper sketches out the content of the book by briefly recapitulating the main arguments made by the paper's authors.
Download or read book The Legal Framework of the OSCE written by Mateja Steinbrück Platise and published by Cambridge University Press. This book was released on 2019-05-30 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.
Download or read book Disarmament Law written by Treasa Dunworth and published by Routledge. This book was released on 2020-10-29 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume seeks to start a revival of the field of disarmament law scholarship. Law is a fundamental component of disarmament, yet today, most perspectives on the wide range of disarmament issues that exist come primarily from political, diplomatic and public advocacy angles. The aim of this book is to revive the field of disarmament law building on earlier, important and still relevant contributions by international lawyers to the subject. The collection brings together international scholars on various aspects of disarmament. The contributions range across a variety of weapons types, adopt different approaches - doctrinal, historical and critical - to the issues being discussed and taken together, constitute a snapshot of the ideas, concerns and issues that currently occupy disarmament law scholars. The book will be essential reading for academics, researchers and policy-makers working in the area of disarmament.
Download or read book Polarization Shifting Borders and Liquid Governance written by Anja Mihr and published by Springer Nature. This book was released on 2023-12-26 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open-access book explores the security dynamics amid the polarization, shifting borders, and liquid governance that define the Zeitenwende era in Europe's eastern neighbourhood and Central Asia. Presenting various case studies, the volume unveils the intricate web of border dynamics and practices, including the nuanced interplay of border disputes within the Organization for Security and Cooperation in Europe (OSCE) member states. The contributions shed new light on how contested borders and liquid modes of governance have impacted the engagement of international organizations such as the European Union (EU), North Atlantic Treaty Organization (NATO), and OSCE in security crises and conflict prevention. Delving deeper, a special part dissects the ongoing Russia-Ukraine conflict and examines European and international responses. By analyzing the stances of diverse European countries, their neighborhood, and international organizations, this section uncovers commonalities and disparities in their approaches to the Ukrainian crisis.
Download or read book Accountability in EU Security and Defence written by Carolyn Moser and published by Oxford University Press. This book was released on 2020-05-21 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently, some 2,500 civilian experts work across Europe, Africa, and Asia in ten ongoing civilian missions launched under the Common Security and Defence Policy (CSDP). Mandates cover a broad range of multidimensional tasks, such as rule of law support, law enforcement capacity building, or security sector reform. Numerous (recent) incidents from the field underscore that there are serious institutional as well as procedural weaknesses and irregularities tied to accountability in these EU peacebuilding missions. This title offers a comprehensive legal analysis and empirical study of accountability concerning the Union's peacebuilding endeavours, also referred to as civilian crisis management. Along with examining the governance credentials of EU peacebuilding, the monograph thoroughly scrutinizes de jure and de facto accountability arrangements of political, legal, and administrative nature existing in the domestic sphere, at EU level, and across levels. With a view to providing for a nuanced picture, the assessment further distinguishes between different accountability finalities and evaluates the appropriateness of existing accountability arrangements in civilian crisis management based on a combination of quantitative and qualitative criteria.
Download or read book The Emergence of European Society through Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2024-03-06 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many Europeans struggle to understand where EU-centred Europeanization has led them. The standard response - that their situation is sui generis, one of a kind - no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, The Emergence of European Society Through Public Law: A Hegelian and Anti-Schmittian Approach frames European integration by reconstructing European public law in light of Article 2 of the Treaty on European Union (TEU). According to Article 2, all Europeans today are part of one society. European integration may not have produced a European federal state, but it has helped create a European society. This society is intimately interwoven with European public law, as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. Comprehensive and engaging, The Emergence of European Society Through Public Law examines the great debates of European public law and presents them in a new and forward-looking reconstruction. This new narrative of European legal integration will appeal to academics and students of EU law, constitutional and comparative law, sociology, political science, and legal history. The Emergence of European Society Through Public Law is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Download or read book Revolution of the Right to Education written by A. Reis Monteiro and published by BRILL. This book was released on 2021-07-19 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Revolution of the Right to Education, A. Reis Monteiro offers an interdisciplinary and topical introduction to the International Education Law, broadly defined, striving to explain why the normative integrity of the right to education carries far-reaching revolutionary significance.
Download or read book Preventing Irreparable Harm written by Eva R. Rieter and published by . This book was released on 2010 with total page 1282 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.
Download or read book International Organisations and Peace Enforcement written by Katharina Pichler Coleman and published by . This book was released on 2007 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlights the role of international organisations in providing international legitimacy for peace enforcement operations.
Download or read book International Law and the Israeli Palestinian Conflict written by Susan M. Akram and published by Routledge. This book was released on 2010-12-23 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.
Download or read book Bitcoin and Beyond written by Malcolm Campbell-Verduyn and published by Routledge. This book was released on 2017-11-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the launch of Bitcoin in 2009 several hundred different ‘cryptocurrencies’ have been developed and become accepted for a wide variety of transactions in leading online commercial marketplaces and the ‘sharing economy’, as well as by more traditional retailers, manufacturers, and even by charities and political parties. Bitcoin and its competitors have also garnered attention for their wildly fluctuating values as well as implication in international money laundering, Ponzi schemes and online trade in illicit goods and services across borders. These and other controversies surrounding cryptocurrencies have induced varying governance responses by central banks, government ministries, international organizations, and industry regulators worldwide. Besides formal attempts to ban Bitcoin, there have been multifaceted efforts to incorporate elements of blockchains, the peer-to-peer technology underlying cryptocurrencies, in the wider exchange, recording, and broadcasting of digital transactions. Blockchains are being mobilized to support and extend an array of governance activities. The novelty and breadth of growing blockchain-based activities have fuelled both utopian promises and dystopian fears regarding applications of the emergent technology to Bitcoin and beyond. This volume brings scholars of anthropology, economics, Science and Technology Studies, and sociology together with GPE scholars in assessing the actual implications posed by Bitcoin and blockchains for contemporary global governance. Its interdisciplinary contributions provide academics, policymakers, industry practitioners and the general public with more nuanced understandings of technological change in the changing character of governance within and across the borders of nation-states.
Download or read book Philosophy a School of Freedom written by Unesco and published by UNESCO. This book was released on 2007 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in French as "La Philosophie, une Ecole de la Liberte. Enseignement de la philosophie et apprentissage du philosopher : Etat des lieux et regards pour l'avenir." - This study is dedicated to all those who engaged themselves, with vigour and conviction, in the defence of the teaching of philosophy a fertile guarantor of liberty and autonomy. This publication is also dedicated to the young spirits of today, bound to become the active citizens of tomorrow.
Download or read book Methodologies of Legal Research written by Mark Van Hoecke and published by Bloomsbury Publishing. This book was released on 2011-02-28 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.
Download or read book EC Electronic Communications and Competition Law written by Mira Burri Nenova and published by Cameron May. This book was released on 2007 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How to Measure the Quality of Judicial Reasoning written by Mátyás Bencze and published by Springer. This book was released on 2018-08-30 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.
Download or read book Philosophy Emerging from Culture written by William Sweet and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
