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Analysing international law through the prism of "cynicism" makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis.
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States.
After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility.
Young lawyers from different academic centres in Germany and Poland comment on the ongoing constitutional debate in the EU. Similarities as well as differences in the perspectives of an old EU Member State on the one hand and an EU Member State-to-be on the other hand are revealed.
Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles.
The contributions cover a wide range of contemporary issues of international law, including state responsibility, crisis management, unity of law, deep sea genetic resources, liability for environmental damage in Antarctica, human rights and intellectual property, and the protection of minorities.
Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise.
There has been intense debate in recent times over the legitimacy or otherwise of international law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg.
The contributions cover a wide range of contemporary issues of international law, including state responsibility, crisis management, unity of law, deep sea genetic resources, liability for environmental damage in Antarctica, human rights and intellectual property, and the protection of minorities.
There has been intense debate in recent times over the legitimacy or otherwise of international law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
The means of making international law are increasingly differentiated. The book contains the proceedings of a conference hosted by the Max Planck Institute for Comparative Public Law and International Law that brought together academics, practitioners and judges from Africa, America, Asia and Europe. Developments of International Law in Treaty Making explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodiesof the UN system, and International courts and tribunals.
The volume contains the papers submitted to the International Symposium on "The Right to a Fair Trial" held at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg.
Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles.
The interrelation between different fields of public international law has particular relevance for the systematic understanding of international law. The book contains a collection of essays on the law of the sea and its interdependencies with other current legal issues of global importance.
Based on these country-reports the volume traces new developments in the definition of international terrorism, deals with the issue of human rights protection under new anti-terrorist legislation and examines the recent developments towards international military action against terrorism.
This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements.
How closely connected should church and state be? This book addresses these questions and more through a portrayal and comparison of the legal systems of Germany, Israel, France, and the United States. This thought-provoking book brings the often opposing demands of religious and secular freedoms into clear focus.
This book examines the mechanisms of debt relief for Heavily Indebted Poor Countries coordinated by the IMF and the World Bank. It includes a case study that illustrates the process and provides insight into the collaboration between creditors and debtors.
The European Court of Human Rights is faced with a huge and ev- growing workload. This enormous caseload is both a testimony to the Court's success and of the considerable threat posed to the eff- tiveness of the protection of the rights and freedoms guaranteed by the European Convention on Human Rights and its Protocols.
The book provides an in-depth study of the legal aspects concerning the limits of the outer continental shelf. It addresses the interpretation and application of the respective rules and formulas.
Presents a discussion on whether the concept of solidarity functions as a structural principle of international law and to what extent it has become a full-fledged legal principle.
This book collects the contributions to a conference of a group of young Polish and German public law scholars on the Constitutional Law of the European Union.
This book offers diverse perspectives on the Palestinian refugee problem and the possible ways to facilitate its resolution. The book provides a comprehensive picture of the various aspects of the problem and of the possible means of its resolution.
The volume is a thoroughly revised edition of the author's book on German Administrative Law which was first published in 1985. From the perspective of a common law jurisdiction the author presents the basic framework of German administrative law, along the lines administrative law is understood in the English speaking world.
How closely connected should church and state be? This book addresses these questions and more through a portrayal and comparison of the legal systems of Germany, Israel, France, and the United States. This thought-provoking book brings the often opposing demands of religious and secular freedoms into clear focus.
Presents a high-level scholarly discussion on whether the concept of solidarity functions as a structural principle of international law and to what extent it has become a full-fledged legal principle. This book examines normative operations of the principle of solidarity in different branches of international law.
The European Court of Human Rights is faced with a huge and ev- growing workload. This enormous caseload is both a testimony to the Court's success and of the considerable threat posed to the eff- tiveness of the protection of the rights and freedoms guaranteed by the European Convention on Human Rights and its Protocols.
Professor Hermann Mosler, former Director of the Max Planck Institute for Comparative Public Law and International Law, former Judge and Vice President of the European Court of Human Rights, Judge of the Interna tional Court of Justice from 1976 to 1985, celebrated his 80th birthday at the end of the year 1992.
There are a plethora of international institutions, legal rules and global norms for the purpose of the international governance of science. The institutions and rules are to be interpreted in light of this freedom to guarantee the continuous existence of the knowledge-based society by means of a global administrative law of science.
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