Sovereignty : European and Global Histories, 1400-1800 /
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Was the emperor as sovereign allowed to seize the property of his subjects? Was this handled differently in late medieval Roman law and in the practice and theory of zabt in Mughal India? How is political sovereignty relating to the church´s powers and to trade? How about maritime sovereignty after Grotius? How was the East India Company as a ´corporation´ interacting with an Indian Nawab? How was the Shogunate and the emperor negotiating ´sovereignty´ in early modern Japan? The volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law. Contributors include: Kenneth Pennington, Fabrice Micallef, Philippe Denis, Sylvio Hermann De Franceschi, Joshua Freed, David Dyzenhaus, Michael P. Breen, Daniel Lee, Andrew Fitzmaurice and Kajo Kubala, Nicholas Abbott, Tiraana Bains, Cornel Zwierlein, Mark Ravina.
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1 online resource (436 pages) : illustrations. :
Includes bibliographical references and index. :
9789004218628
Interpretation of Customary International Law : Of Methods and Limits /
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In international law interpretation is ubiquitous. However, whereas in the case of treaty interpretation, this process has been codified in Articles 31-33 of the Vienna Convention on the Law of Treaties, the interpretation of rules of customary international law has remained largely unexplored. This monograph demonstrates not only that rules of customary international law can be interpreted but also that they have continuously been interpreted by international and domestic courts. Through an examination of this case-law, the various methods of interpretation of customary rules and their limits are identified as well as the similarities and differences with the rules of treaty interpretation.
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Includes bibliographical references and index. :
9789004529991
Theorizing Ocean Governance: A Framework Combining Governance, Science, and Law /
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Ocean governance is emerging as a field of study drawing on and combining different knowledge domains, including governance, science, and law. Assumptions of these three knowledge domains and their relationships are rarely discussed. This study attempts to contribute to such discussion by theory-building: investigating the governance-science and governance-law interfaces in an ocean governance context. The investigations form the basis for offering some perspectives concerning key topics of ocean governance: cross-sectoral, holistic, and integrated approaches, science-based decision-making, adaptation, the ecosystem approach, and ocean governance as an emerging field of study.
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1 online resource (94 pages) : illustrations. :
9789004720268
Governmental Policies to Fight Pandemic : The Boundaries of Legitimate Limitations on Fundamental Freedoms /
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This book offers a wide comparative overview of the legal measures enacted by countries throughout the world to react to the unprecedented public health emergency caused by the COVID-19 pandemic. The volume gathers the General Reports and selected National Reports presented at the 2022 General Congress of the International Academy of Comparative Law. While the National Reports focus on single countries, the General Report provides a comparative analysis of observed trends and main legal issues. In doing so, it draws some guidelines on how to improve responses to potential forthcoming emergencies characterized by a global reach, as COVID-19 was. See Less
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1 online resource (677 pages) : illustrations. :
Includes bibliographical references and index. :
9789004708655
The Reception of Learned Law in Fourteenth- and Fifteenth-Century Frisia /
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This book offers the first comprehensive analysis of medieval Frisian law, focusing on the influence of Roman and canon law in the fourteenth and fifteenth centuries. It makes use of recent translations of Old Frisian legal texts to show the evolution of Frisian law and to unveil why the Frisians were motivated to change their traditional laws. The book covers everything from oaths as evidence in Frisian procedures, to whether Frisian widows could be guardians of their children, to the role the Frisians themselves played in the evolution of their legal system. See Less
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1 online resource (384 pages) : illustrations. :
Includes bibliographical references and index. :
9789004712706
Judging Women's Rights, Gender & Citizenship in Ben Ali's Tunisia /
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Tunisia has often been commended for its progressive stance on women's rights and viewed as a role model for family law reform in the Muslim world. Judging Women's Rights, Gender & Citizenship in Ben Ali's Tunisia weaves together intimate stories and theory to demystify claims that the progressive laws supported gender equality in practice. Through the eyes of citizens and legal professionals, it reveals how women and men experienced their rights under Ben Ali's repressive regime, tracing connections between gender, ethics and the law. This accessibly written book provides a vital backdrop for understanding contemporary debates in Tunisia where women's rights remain a hotly contested topic.
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1 online resource (280 pages) : illustrations. :
Includes bibliographical references and index. :
9789004712744
Going Along to Get Along: Diplomatic Pressure and Interstate Socialization at the United Nations /
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Going Along to Get Along: Diplomatic Pressure and Interstate Socialization by Naif Al-Mulla explores how diplomatic pressure shapes global governance at the United Nations. Through rigorous analysis and empirical examples, the book demonstrates how diplomatic pressure influences foreign policy positions and, by extension, global, multilateral outcomes. The work challenges assumptions and provides fresh insight, showcasing the cumulative effect of proactive diplomacy. Ideal for postgraduates, scholars, and policymakers, it offers a comprehensive understanding of how interstate coalitions can strategically mobilize diplomatic pressure to gain wide acceptance of a cause, with far-reaching implications from the United Nations to capitals worldwide.
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1 online resource (244 pages) : illustrations. :
Includes bibliographical references and index. :
9789004711938
Statehood, Territory, and International Spaces /
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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.
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1 online resource (450 pages) : illustrations. :
Includes bibliographical references and index. :
9789004708594
The Constitutionalization of Private Law versus the Europeanization of Private Law : A Legal Study Based on the Example of Selected Countries of Central and Eastern Europe Belongin...
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Every active lawyer nowadays must be a constitutionalist, that is, an expert in constitutional law. This thought also applies to civil law specialists. The constitutionalization of private law and the Europeanization of private law are among the most fascinating phenomena of contemporary civil law science. A comprehensive comparison of the two phenomena has not yet been made. Even more so, it was not done from the perspective of the new EU member states. This gap is filled by this edited volume.
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1 online resource (492 pages) : illustrations. :
Includes bibliographical references and index. :
9789004688971
Assessing the Common European Asylum System : Discretionary implementation and street-level bureaucracy /
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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.
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1 online resource (285 pages) : illustrations. :
Includes bibliographical references and index. :
9789004700826
Secessionist Entities and International Law : The South Caucasus Disputes between Self-Determination, Territorial Integrity, and the Quest for a European Engagement Policy /
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This book examines secessionist entities that arose during and after the dissolution process of the USSR and considers them as legal subjects in their own right. By employing a novel and more innovative approach, the agency of these subjects, otherwise often ignored or disregarded, is taken into account. Drawing on the cases of the South Caucasus, the author suggests going beyond the binary concept of statehood and traditional notions of sovereignty. He advocates embracing an inclusive reading of international law, which enables to foster creative ambiguity vis-à-vis these entities as means of conflict transformation.
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1 online resource (641 pages) : illustrations. :
Includes bibliographical references and index. :
9789004687103
La cohérence mondiale du droit /
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La mobilité des individus à travers le monde les expose à l'intervention désordonnée de multiples régimes juridiques et autorités juridictionnelles. Des incertitudes en résultent, parfois des blocages ou des pesanteurs injustifiées. A travers le droit « international », les pouvoirs politiques ont conçu des modes de coopération entre autorités parallèlement compétentes et d'articulation de leurs points de vue. Ce savoir-faire millénaire permet d'atténuer les risques de désordre et de paralysie au détriment des personnes privées. Sous le concept de cohérence, cet ouvrage étudie les techniques de résolution des conflits de lois, de juridictions ou d'autorités et leur évolution à mesure des transformations du matériau juridique. Non limités aux situations relevant du pur droit privé, ces mécanismes appréhendent aussi les discordances en droit public ou dans les domaines hybrides ; ils n'ignorent pas les régimes juridiques transnationaux et modes privés de règlement des différends (tel l'arbitrage). La cohérence est ici classiquement analysée dans les rapports horizontaux entre sphères juridiques indépendantes, puis dans l'axe vertical lorsque, exceptionnellement, des institutions œuvrent en surplomb des États et permettent, à travers leurs procédures, de questionner la rationalité du droit appliqué aux individus sur la scène mondiale.
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Includes bibliographical references and index. :
9789004735682
The Spationary : A Dictionary of Essential Space Terminology for Lawyers /
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This book enables readers to find, in a few moments, terms that they can use immediately or reprocess for the drafting of a legal text, a ruling, a contract or a scientific paper. For each of the 218 terms identified, a simple definition and a few additional elements are proposed. Where possible, entries also include examples, jurisprudence and doctrine. The purpose of this space dictionary is to be leafed through as needed to perfect the reader's knowledge. It will be updated regularly. The Spationary is an invaluable resource, providing answers to simple queries; a simple, rapid and highly operational introduction to the international corpus juris spatialis ; and an element of playfulness, because it is often through playful engagement with words and their definitions that a reader who may feel like an outsider can move into a universe or a scientific discipline.
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1 online resource (484 pages) : illustrations. :
Includes bibliographical references and index. :
9789004725034
Legal Facets of the Practice of International Organizations /
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The aim of this special course is to discuss a number of legal facets of the practice of international organizations. A first legal facet is "practice as a rule". Here, the notion of "established practice" will be analyzed. The second legal facet covered by this course is "practice as a power", discussing the power generating capacity of the practice of international organizations. The third legal facet concerns practice of international organizations as an interpretative device. The fourth and fifth legal facet will analyze how the International Court of Justice and the International Law Commission have dealt with the practice of international organizations in their work. Overall, the analysis of these legal facets demonstrates that the function of law in the practice of international organizations is to provide these organizations and their members with a flexible framework for shared sovereignty.
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1 online resource (350 pages) : illustrations. :
Includes bibliographical references and index. :
9789004696129