European Judicial Responses To Security Council Resolutions

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In European Judicial Responses to Security Council Resolutions: A Consequentialist Assessment, Kushtrim Istrefi examines the multiple effects of European courts decisions as regards Security Council targeted sanctions and security detentions interfering with fundamental rights. He elaborates what type of judicial responses ensured real and practical respect for human rights for the petitioners, encouraged Security Council due process reform, clarified Security Council authorisations on security detentions, and tested the primacy and universal character of the UN Charter. Making use of legal and non-legal instruments, Istrefi sheds some light upon what happened to, among others, petitioners, the SC due process reform agenda, and the UN Charter after such cases as Kadi, Al-Jedda, Ahmed, Al-Dulimi.

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Genre : Law
Author : Kushtrim Istrefi
Publisher : BRILL
Release : 2018-12-10
File : 217 Pages
ISBN-13 : 9789004345263


The European Union And Customary International Law

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The book gathers a group of scholars interested in both public international law and EU law to cover different facets of the relationship between the European Union and customary international law. Considering the distinct perspectives taken by international law and EU law, while also looking into the space in between the two, individual chapters tackle complex questions such as whether and on what bases the European Union is bound by customary international law as a matter of international law and EU law; how the European Union contributes to the development of international custom; and how different stakeholders – the Court of Justice of the European Union, the EU's political organs and EU citizens – rely upon customary rules. The book thus offers a systematic account of the relevance of customary international law for the external relations and internal functioning of what is no doubt the most remarkable regional international organization of our time.

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Genre : Law
Author : Fernando Lusa Bordin
Publisher : Cambridge University Press
Release : 2022-11-03
File : 337 Pages
ISBN-13 : 9781108967518


The Charter Of The United Nations

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Since the third edition of this commentary on the Charter of the United Nations was published in 2012, the text of the Charter has not changed DL but the world has. Central pillars of the international order enshrined in the UN Charter are facing serious challenges, notably the prohibition of the use of force. Human rights, too, have come under increasing pressure, now also from contemporary information technology. Global warming poses fundamental challenges for the world community as a whole in its effort to stabilize global ecosystems. Fully updated, the commentary takes up these and other developments. It features new chapters on Climate Change and the Human Rights Council. The commentary remains the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice. It is an indispensable tool of reference for all those interested in the United Nations and its legal significance for the world community. The Commentary will be crucial in combining solid legal foundations with new directions for the development of international law and the United Nations in the twenty-first century

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Genre : Law
Author :
Publisher : Oxford University Press
Release : 2024-07-04
File : 6378 Pages
ISBN-13 : 9780192679734


How International Law Works In Times Of Crisis

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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.

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Genre : Law
Author : George Ulrich
Publisher : Oxford University Press
Release : 2019-09-19
File : 368 Pages
ISBN-13 : 9780192589521


The Foundations Of European Transnational Private Law

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Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.

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Genre : Law
Author : Anna Beckers
Publisher : Bloomsbury Publishing
Release : 2024-05-30
File : 428 Pages
ISBN-13 : 9781509962938


The Concept Of Security In International Law

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This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law.

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Genre : Law
Author : Hitoshi Nasu
Publisher : West Point Press
Release : 2022-12-23
File : 308 Pages
ISBN-13 : 9781959631019


U N Response To Al Qaeda

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Volume 107 of Terrorism, "U.N. Response to Al Qaeda", guides researchers through the history of one set of sanctions against those two organizations, sanctions based on U.N. Security Council Resolution 1267. In addition to the pertinent U.N. resolutions, this volume presents EU implementing regulations and court cases challenging those regulations. The expert commentary from new Co-Editor Kristen Boon highlights the human rights implications of placing a given person on the list of parties whose assets must be frozen under 1267.

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Genre : Law
Author : Kristen Boon
Publisher : Oxford University Press, USA
Release : 2010
File : 644 Pages
ISBN-13 : 9780195398120


Terrorism Commentary On Security Documents Volume 107

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In Volume 107 of Terrorism: Commentary on Security Documents, entitled "U.N. Response to Al Qaeda", new General Co-Editor Kristen Boon covers the history that started with U.N. Security Council Resolution 1267 in 1999 and that continues today. In that document, the United Nations established sanctions against any individuals or organizations financially supporting those two terrorist organizations or Osama bin Laden. With her expert commentary on all documents flowing from that resolution, Boon traces the unfolding fate of those sanctions, from the amending resolutions that expanded the sanctions' purview to the provision of a notice period for targeted parties to specific countries and regions' implementing legislation to court challenges claiming that the sanctions violate the targeted parties' human rights. No other book offers what this volume does: an expert guide to the U.N.'s first effort at sanctioning a select group of parties rather than a broad, comprehensive category of unspecificed people.

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Genre : Law
Author : Douglas Lovelace Jr.
Publisher : Oxford University Press
Release : 2010-04-08
File : 644 Pages
ISBN-13 : 9780199749539


Transnational Crime And Global Security

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This two-volume work offers a comprehensive examination of the distressing topics of transnational crime and the implications for global security. National security is a key concern for individual nations, regions, and the global community, yet globalism has led to the perfusion of transnational crime such that it now poses a serious threat to the national security of governments around the world. Whether attention is concentrated on a particular type of transnational crime or on broader concerns of transnational crime generally, the security issues related to preventing and combatting transnational crime remain of top-priority concern for many governments. Transnational Crime and Global Security has been carefully curated to provide students, scholars, professionals, and consultants of criminal justice and security studies with comprehensive information about and in-depth analysis of contemporary issues in transnational crime and global security. The first volume covers such core topics as cybercrime, human trafficking, and money laundering and also contains infrequently covered but nevertheless important topics including environmental crime, the weaponization of infectious diseases, and outlaw motorcycle gangs. The second volume is unique in its coverage of security issues related to such topics as the return of foreign terrorist fighters, using big data to reinforce security, and how to focus efforts that encourage security cooperation.

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Genre : Political Science
Author : Philip L. Reichel
Publisher : Bloomsbury Publishing USA
Release : 2018-01-12
File : 578 Pages
ISBN-13 : 9798216157236


Adjudicating International Human Rights

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Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.

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Genre : Law
Author : James A. Green
Publisher : Martinus Nijhoff Publishers
Release : 2015-01-27
File : 251 Pages
ISBN-13 : 9789004261181