OXFORD UNIVERSITY PRESS

How International Law Works in Times of Crisis

ISBN : 9780198849667

参考価格(税込): 
¥17,347
著者: 
George Ulrich; Ineta Ziemele
関連カテゴリー
ページ
368 ページ
フォーマット
Hardcover
サイズ
156 x 234 mm
刊行日
2019年09月
メール送信
印刷

For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development.
Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

目次: 

Introduction
George Ulrich and Ineta Ziemele: International Law and Crisis: Dialectical Relationship
James Crawford: Reflections on Crises and International Law
I. Security themes
1 Patrycja Grzebyk: Authorizing Attacks in Response to Terrorist Attacks: a Dark Side of the Law of Armed Conflicts
2 Sandra Krahenmann: The Challenge of 'Foreign Fighters' to the Liberal International Legal Order
3 Ilze Ruse: Multiple Actors in Framing EU External Policy: The Case of the EU Global Security Strategy
4 Carlos Espaliu Berdud: Activating the Mutual Assistance Clause of the Treaty on the European Union and the Right of Self-defence
5 Kushtrim Istrefi: The Policy Effects of the Decisions of European Courts on Targeted Sanctions: Whither Human Rights and Due Process?
6 Irena Nesterova: The Crisis of Privacy and Sacrifice of Personal Data in the Name of National Security: CJEU Rulings Strengthening EU Data Protection Standards
II. Immunities themes
7 Stefano Dominelli: Recent Opposing Trends in the Conceptualisation of the Law of Immunities: Some Reflections
8 Pavel Sturma: How to Limit Immunity of State Officials from Foreign Criminal Jurisdiction
III. Sustainable development themes
9 Ilze Dubava: The Future We Want: Sustainable Development as an Inherent Aim of Foreign Investment Protection
10 Annalisa Savaresi: The Paris Agreement and the Future of the Climate Regime: Reflections on an International Law Odyssey
11 Fernando Dias Simoes: How International Law Works in Investment Law and Renewable Energy: Green Expectations in Grey Times
IV. Philosophical perspectives: probing key concepts and premises in international law
12 Ignacio de la Rasilla: Playing Hide and Seek with 'Vergangenheit, die nicht vergehen will' ('a Past that Will Not Pass') in the History of International Law
13 Zeynep Kivilcim: La democratie radicale dans les discours legaux contemporains au Rojava au coeur de la syrienne: Une analyse genree
V. Domestic engagement with international law
14 David Kosar and Jan Petrov: The Domestic Judiciary in the Architecture of the Strasbourg System of Human Rights
15 Stephen Bouwhuis: The Chilcot Report: International Law and Decision Making in Times of Crisis
VI. Epilogue
Jean-Marc Sauve: Reflections: how international law functions in times of crisis

著者について: 

George Ulrich is currently Professor of Human Rights at the Riga Graduate School of Law and Programme Director of the European Master's Degree in Human Rights and Democratisation (EMA). He served as Rector at the Riga Graduate School of Law from 2009-2016 and as Secretary General of the European Inter-University Centre for Human Rights and Democratisation (EIUC) from 2003-2009. With a PhD in Philosophy from the University of Toronto, he has published extensively on topics related to the philosophy and practical implementation of human rights in an interdisciplinary perspective as well as on issues related to medical ethics, professional ethics, and the ethics of human rights.
Ineta Ziemele is Professor at the Riga Graduate School of Law. She has been Judge at the Constitutional Court of Latvia since January 8, 2015, and President of the Constitutional Court of Latvia since May 8, 2017. Professor Ziemele is a former Judge of the European Court of Human Rights (2005-2014) and President of the Court Chamber (2012-2014). She is Editor-in-Chief of the Yearbook of Baltic International Law and Corresponding Member of the Latvian Academy of Science. She was awarded a doctoral degree in law from Cambridge University in 1999.

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