Strukturwandel Als Prinzipienwandel
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Strukturwandel Als Prinzipienwandel
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Author : Jochen Rauber
language : de
Publisher: Springer-Verlag
Release Date : 2017-08-28
Strukturwandel Als Prinzipienwandel written by Jochen Rauber and has been published by Springer-Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-28 with Law categories.
Das Buch versucht, zu einem besseren Verständnis des Strukturwandels des Völkerrechts beizutragen. Zu diesem Zweck entwirft es ein Prinzipienmodell des Völkerrechts, mit dem sich die völkerrechtlichen Entwicklungen, an die die Strukturwandelthese anknüpft, theoretisch erklären und dogmatisch erfassen lassen. Es weist nach, dass die Regeln des Völkerrechts in normativer Hinsicht auf völkerrechtlichen Grundprinzipien aufbauen, zeigt, dass der Bestand dieser Prinzipien wächst und analysiert, inwieweit das Aufkommen neuer Völkerrechtsprinzipien das Verständnis bestehender Völkerrechtsregeln beeinflusst. Ausgehend hiervon plädiert das Werk dafür, die Erscheinungen des völkerrechtlichen Strukturwandels als Konsequenz von Veränderungen im Bestand völkerrechtlicher Grundprinzipien zu verstehen. An Fallstudien aus unterschiedlichen Teilbereichen des Völkerrechts wird die Theorie abschließend erprobt.
International Human Rights Law And Structural Discrimination
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Author : Elisabeth Veronika Henn
language : en
Publisher: Springer
Release Date : 2019-07-03
International Human Rights Law And Structural Discrimination written by Elisabeth Veronika Henn and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-03 with Law categories.
International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.
Democracy And Financial Order Legal Perspectives
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Author : Matthias Goldmann
language : en
Publisher: Springer
Release Date : 2018-05-17
Democracy And Financial Order Legal Perspectives written by Matthias Goldmann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-17 with Law categories.
This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.
The Un Security Council Members Responsibility To Protect
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Author : Andreas S. Kolb
language : en
Publisher: Springer
Release Date : 2017-12-04
The Un Security Council Members Responsibility To Protect written by Andreas S. Kolb and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-04 with Law categories.
This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.
The Law Of Interactions Between International Organizations
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Author : Henner Gött
language : en
Publisher: Springer Nature
Release Date : 2021-02-02
The Law Of Interactions Between International Organizations written by Henner Gött and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-02 with Law categories.
The book analyses how international law addresses interactions between international organizations. In labour governance, these interactions are ubiquitous. They offer each organization an opportunity to promote its model of labour governance, yet simultaneously expose it to adverse influence from others. The book captures this ambivalence and examines the capacity of international law to mitigate it. Based on detailed case studies of mutual influence between the International Labour Organization, the World Bank, and the Council of Europe, the book offers an in-depth analysis of the pertinent law and its key challenges, both at institutional and inter-organizational level. The author envisions a law of inter-organizational interactions as a normative framework structuring interactions and enhancing the effectiveness and legitimacy of multi-institutional governance.
Global Constitutionalism
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Author : Aydin Atilgan
language : en
Publisher: Springer
Release Date : 2017-11-27
Global Constitutionalism written by Aydin Atilgan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-27 with Law categories.
This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.
Defending Checks And Balances In Eu Member States
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Author : Armin von Bogdandy
language : en
Publisher: Springer Nature
Release Date : 2021-01-05
Defending Checks And Balances In Eu Member States written by Armin von Bogdandy and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-05 with Law categories.
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. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
The Emergence Of European Society Through Public Law
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2024-03-06
The Emergence Of European Society Through Public Law written by Armin von Bogdandy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-06 with Law categories.
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.
Tracing Value Change In The International Legal Order
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Author : Heike Krieger
language : en
Publisher: Oxford University Press
Release Date : 2023-04-28
Tracing Value Change In The International Legal Order written by Heike Krieger and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-28 with Law categories.
International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.
Cynical International Law
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Author : Björnstjern Baade
language : en
Publisher: Springer Nature
Release Date : 2020-11-28
Cynical International Law written by Björnstjern Baade and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-28 with Law categories.
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. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.