Brexit will have significant consequences for the country, for Europe, and for global order. And yet much discussion of Brexit in the UK has focused on the causes of the vote and on its consequences ...for the future of British politics. This volume examines the consequences of Brexit for the future of Europe and the European Union, adopting an explicitly regional and future-oriented perspective missing from many existing analyses. Drawing on the expertise of 28 leading scholars from a range of disciplines, Brexit and Beyond offers various different perspectives on the future of Europe, charting the likely effects of Brexit across a range of areas, including institutional relations, political economy, law and justice, foreign affairs, democratic governance, and the idea of Europe itself. Whilst the contributors offer divergent predictions for the future of Europe after Brexit, they share the same conviction that careful scholarly analysis is in need – now more than ever – if we are to understand what lies ahead for the EU.
Anthony Carty offers an internal critique of the discipline of international law whilst showing the necessary place for philosophy within this subject area. By reintroducing philosophy into the heart ...of the study of international law, he explains how traditional philosophy has always been an integral part of the discipline. However, this has been driven out by legal positivism, which has, in turn, become a pure technique of law. He explores the extent of the disintegration and confusion in the discipline and offers various ways of renewing philosophical practice.By covering a range of approaches – post- structuralism, neo-Marxist geopolitics, social-democratic constitutional theory and existential phenomenology – this book will encourage you to think afresh about how far to bring order to, or find order in, contemporary international society.
This open access book, summarising the research conducted at this Jean Monnet Chair, seeks to identify the ethical spirit of European Union (EU) values. EU integration began at the economic level; ...human rights were only added at a later stage. Finally, the Lisbon Treaty turned the EU into a ‘Union of values’ by enshrining certain concepts in Art 2 TEU. This provision can be seen as a hub linked to various other provisions of EU primary and secondary law. The values contained therein have, amongst others, been applied to two areas (digitalisation and non-financial reporting, partly in sports), and further specified in others (health and partly in sports). This book analyses the evolution of values (ratione temporis) and the questions of who is entitled and who is obliged (ratione personae). Besides the external perspective (ratione limitis; e.g., Brexit), it focuses on the composition of the EU’s common values (ratione materiae). As Art 2 TEU can be viewed as a hub, it is essential to focus on various relations, not only between values, but also between values and other provisions of EU law, as well as other concepts. Based on this description of the status quo, the book subsequently addresses a possible future direction, arguing for an additional narrative (trust), an additional value (environmental protection), and a more communitarian Union. In closing, apart from the classical commitment of the EU and the Member States to uphold the values of the EU, the book discusses the level of individuals and values as virtues. Various figures and tables complement this overview of the status quo of the Union of values and outline of its future direction.
The question of which European or international institution should exercise public authority is a highly contested one. This new collection offers an innovative approach to answering this vexed ...question. It argues that by viewing public authority as relative, it allows for greater understanding of both its allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into governance processes. Put succinctly, the volume illustrates that public authority is relative between actors and relative to specific legitimacy assets. Drawing on the expertise of leading scholars in the field, it offers a thought-provoking and rigorous analysis of the long debated question of who should do what in European and international law.
Diplomacy is a series of crises, and the navigational beacon for a nation is international law. This book is a collection of articles on six selected international legal issues concerning Japan. It ...addresses various issues, including self-defence, post-war legal issues, chemical weapons, the law of the sea, consular immunities, and hijacking. It is a legal documentary through which the reader can look into the minds of Japanese officials challenged by one crisis after another.
As a coherent whole, this book ably represents “Japan’s Practice of International Law” and remarkably portrays international law in action from a Japanese practitioner’s perspective.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in ...international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.
Automatisierte Systeme zur Filterung rechtsverletzender Inhalte im Internet sind insbesondere zum Schutz des Urheberrechts bekannt. Doch seit der Verabschiedung der DSM-Richtlinie hat das Thema eine ...weitere Dimension gewonnen. Der Einsatz automatisierter Systeme wird nunmehr gesetzlich nahegelegt. Dadurch entfällt die im Rechtssystem gleichsam mitgedachte faktische Freiheit zum Rechtsverstoß. Dies wirft neue Fragen auf, denen Sophie Beaucamp aus verfassungsrechtlicher Perspektive, einer Wohlfahrtsperspektive sowie aus rechtstheoretischer Sicht nachgeht. Zentral ist dabei die Rolle der Nutzerinnen und Nutzer, die maßgeblich für die Zukunftsfähigkeit des Einsatzes solcher Systeme sein wird. Hier skizziert die Autorin Schutzmechanismen, die das rechtsunterworfene Individuum in seiner Subjektqualität wahrnehmen, während das Potential der Technologie genutzt wird.
Courts, regulatory tribunals, and international bodies are often seen as a last line of defense for environmental protection. Governmental bodies at the national and provincial level enact and ...enforce environmental law, and their decisions and actions are the focus of public attention and debate. Court and tribunal decisions may have significant effects on environmental outcomes, corporate practices, and raise questions of how they may best be effectively and efficiently enforced on an ongoing basis. Environment in the Courtroom, Volume II examines major contemporary environmental issues from an environmental law and policy perspective. Expanding and building upon the concepts explored in Environment in the Courtroom, it focuses on issues that have, or potentially could be, the subject of judicial and regulatory tribunal processes and decisions. This comprehensive work brings together leading environmental law and policy specialists to address the protection of the marine environment, issues in Canadian wildlife protection, and the enforcement of greenhouse gas emissions regulation. Drawing on a wide range of viewpoints, Environment in the Courtroom, Volume II asks specific questions about and provides detailed examination of Canada’s international climate obligations, carbon pricing, trading and emissions regulations in oil production, agriculture, and international shipping, the protection of marine mammals and the marine environment, Indigenous rights to protect and manage wildlife, and much more. This is an essential book for students, scholars, and practitioners of environmental law.
This volume is based on updated presentations delivered at a symposium held in 2017 at Seoul National University. It follows two earlier conference volumes and shares their goal to stimulate the ...scholarly exchange between company law academics in Germany, China, Japan and South Korea which can be traced back to the late nineteenth century. Contributions from all four jurisdictions include papers on shareholder activism and the disclosure of substantial shareholdings as well as studies on takeover law addressing key questions such as the mandatory bid rule, control premiums, hostile takeovers and pre- and post-bid defences.
The globalization of housing finance led to the global financial crisis, which has created new barriers to adequate and affordable housing. It presents major challenges for current housing law and ...policy, as well as for the development of housing rights. This book examines and discusses key contemporary housing issues in the context of today's globalized housing systems. The book takes up the challenge of developing a new paradigm, working towards the possibility of an alternative future. Revolving around three constellations of writing by diverse contributors, each chapter sets out a clear and developed approach to contemporary housing issues. The first major theme considers the crisis in mortgage market regulation, the development of mortgage securitization and comparisons between Spain and Ireland, two countries at the epicentre of the global housing market crisis. The second thematic consideration focuses on housing rights within the European human rights architecture, within national constitutions, and those arising from new international instruments, with their particular relevance for persons with disabilities and developing economies. The third theme incorporates an examination of responses to the decline and regeneration of inner cities, legal issues around squatting in developed economies, and changes in tenure patterns away from home-ownership. This topical book will be valuable to those who are interested in law, housing rights and human rights, policy-making and globalization.
