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The UN Security Council and Domestic Actors
This book analyses the exercise of authority by the UN Security Council and its subsidiary organs over individuals. The UN Security Council was created in 1945 as an outcome of World War II under the predominant assumption that it exercises its authority against states. Under this assumption, the UN Security Council and those individuals were ‘distanced’ by the presence of member states that intermediate between the Security Council’s international commands and those individuals that are subject to member states’ domestic law. However, in practice, the UN Security Council’s exercise of authority has incrementally removed the presence of state intermediaries and reduced the Security...
The Rule of Law at the National and International Levels
This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
The Engagement of Domestic Courts with International Law
The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.
Technocracy and the Law
Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part...
Extraterritoriality in East Asia
Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.
The Global Reach of EU Law
The EU strives to be a leading rule-making organisation with global reach in both economic and non-economic fields. But how should we understand the science behind this? This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. The work examines two central themes: the conceptual development of the global reach and effects of EU law; and the methodology of EU rule-making processes. It considers what specific impact and effects the EU’s rules are having, and its approach to global reach. The book studies the EU’s Area of Freedom, Security and Justice (AFSJ) as a case of a non-economic field ...
Normative Pluralism and International Law
This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.
Handbook on the Rule of Law
The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.
Human Dignity and Law
This book argues that human dignity and law stand in a privileged relationship with one another. Law must be understood as limited by the demands made by human dignity. Conversely, human dignity cannot be properly understood without clarifying its interaction with legal institutions and legal practices. This is not, then, a survey of the uses of human dignity in law; it is a rethinking of human dignity in relation to our principles of social governance. The result is a revisionist account of human dignity and law, one focused less on the use of human dignity in our regulations and more on its constitutive implications for the governance of the public realm. The first part conducts a wide-ranging moral, legal and political analysis of the nature and functions of human dignity. The second part applies that analysis to three fields of legal regulation: international law, transnational law, and domestic public law. The book will appeal to scholars in both philosophy and law. It will also be of interest to political theorists, particularly those working within the liberal tradition or those concerned with institutional design.
The Oxford Handbook of the International Law of Global Security
Understanding the global security environment and delivering the necessary governance responses is a central challenge of the 21st century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today's complex and highly dynamic global security environment? Which concepts of security are anchored in international law? How is the global security environment shaping international law, and how is international law in turn influencing other normative frameworks? The Oxford Handbook of the International Law of Global Security provides a ground-breaking overview of the relationship be...
