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Soloch B: Autonomy of EU Law and
International Dispute-Settlement

Autonomy of EU Law and International Dispute-Settlement

The Compatibility of Mechanisms Accessible to Individuals

Speech has become an increasingly central feature of international criminal proceedings, particularly in cases involving senior political or military leaders. The PJI Guidelines are grounded in extensive jurisprudence, empirical research, and scholarly analysis, drawing on decisions from international courts and tribunals as well as broader interdisciplinary insights. Anchored on the fundamental right to freedom of expression, the Guidelines conveys guidelines for securing criminal accountability. In doing so, the book addresses cutting edge issues including disinformation, interpretation, social media, and AI propagated inflammatory and hateful speech, among other topics. It proposes 10 Key Guidelines, including an amendment to Article 25(3)(e) to criminalise intentional, direct and public incitement to any atrocity crime under the Rome Statute. Contributors are: Katharina Braun, Juan Manuel Klein, Damla Yasemin Ipek, and Manuel Ventura.

The Peace and Justice Initiative Guidelines

Speech Crimes in the Digital Era

Cambridge Studies in International and Comparative Law

The Co-Production of Infrastructure, Technology, and International Law

Cable Empires

The MIBI Agreements and the Law

Hart Studies in Constitutional Law

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament's authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament's legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament's legal position. It proposes a novel conception of Parliament's power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament's law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by both its internal procedures and the devolved legislatures.

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament’s authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament’s legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament’s legal position. It proposes a novel conception of Parliament’s power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament’s law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by the executive, Parliament’s internal procedures and the devolved legislatures.

A Sceptical Restatement

Parliamentary Sovereignty

How can governments reconcile trade, sustainability, and economic development in an increasingly fragmented world? Bringing together scholars from Europe and Latin America, this volume examines the legal and political challenges of sustainable trade. Through original research and case studies on the EU Deforestation Regulation, carbon border measures, trade agreements, critical minerals, and sustainability standards, the book analyzes the opportunities, trade-offs, and tensions generated by the growing integration of sustainability into international trade. It offers a timely and multidisciplinary perspective on one of the most pressing challenges facing the global economy today. Contributors are: Charlotte Sieber-Gasser, Claudia Alvarenga Marconi, Daniel A. Cordova-Pineda, Elisa Sürth, Emilio Del Pupo, Felicitas Fischer, Flavia de Campos Mello, Fritz Brugger, Ilaria Espa, Joschka J. Prosik, Mariana Mariani, Metodi Sotirov, Noémie Laurens, Paula Wojcikiewicz Almeida, Pedro da Motta Veiga, Rafael de Souza Nascimento Miranda, Rodrigo Fagundes Cezar, Sandra Polónia Rios, Tetyana Payosova, Victor Saco, and Yixian Sun.

Evolution and Evidence in Europe and Latin America

International Law and Politics of Sustainable Trade

Globe Law and Business

Price review disputes have become an increasingly prominent feature in gas and LNG markets over the past two decades. While the first wave of disputes was driven by the ‘triple whammy’ of recession, US shale gas and the liberalisation of the gas markets in Europe, further waves have followed with the development of increasingly liquid trading hubs across Europe, ongoing volatility in commodity prices and the continuing influx of liquefied natural gas (LNG) into Europe. And the centre of gravity for price review disputes is increasingly found in Asian markets rather than European ones. This practical second edition will cover the various aspects of international gas and LNG pricing disputes. It contains contributions from leading international arbitration practitioners and arbitrators in the field and industry experts. It covers the various stages of a gas pricing dispute, from drafting the clause to triggering a review, all the way through the various stages of the arbitral process. It also builds on the previous editions with new chapters which reflect how price review practice has evolved. Thus, the new edition has more emphasis on price reviews in Asian markets and also includes new chapters on key issues such as the role of competition law in price reviews and the impact of previous arbitral awards on future price reviews under the same contract. Despite the large number of high-value disputes in this area, this is one of the very few publications to draw together the various strands of gas pricing disputes into one book. It is therefore an invaluable guide for practitioners, in-house counsel and anyone else with an interest in this area.

A Practical Handbook, Third Edition

Gas and LNG Price Arbitrations

Studies in Private International Law

This monograph provides an in-depth analysis of Article 7 of the Rome II Regulation, and its interplay with other EU PIL provisions, from a litigation perspective. Simultaneously, due to its critical approach, it provides a blueprint for the European legislator to implement future legislative amendments in the said rules, in order to suppress their limitations. Overall, the book reaches conclusions on:
*whether it is effective at all, from the standpoint of environmental protection, to intervene in environmental matters though PIL means; 
*whether PIL interventions in environmental matters enhance and spread the EU’s environmental law policy, both inside and outside the EU
*whether the EU is adequately using the PIL tools at its disposal to intervene in (environmental) global governance.

Choice of Law as a Tool of Environmental Global Governance

Private International Environmental Litigation before EU Courts

¿This book provides a comparative perspective on the impact of the COVID-19 pandemic on different criminal law systems. To this end, the book brings together country reports from Brazil, Argentina, Spain, Portugal, Italy, Austria, Sweden, the Netherlands, Germany, Poland, France and Belgium.
All country reports address the same key issues in order to facilitate comparative conclusions. Those key issues re: criminal liability for spreading the coronavirus, criminal liability of medical staff in triage situations, criminal liability of political decision-makers, as well as further (country-specific) challenges in the context of the pandemic and criminal law. Furthermore, they explore domestic case-law and academic literature relevant in this context.This book will be useful for criminal law scholars and practitioners as well as policymakers around the world. The comparative approach of the book will provide them with a more informed and objective perception of their national systems and their respective approaches to COVID-19 and criminal law. Another key objective of this volume in the ICJ Series is to foster dialogue and an exchange of ideas between stakeholders of different nations and ultimately to enable cross-semination between different criminal law systems.Prof. Dr. Frank Zimmermann is Professor for Criminal Law and Criminal Procedure, European and International Criminal Law as well as Criminal Law and Digitalization at the Institute for Criminal Sciences, Dept. V, University of Münster in Münster, Germany.

Comparative Perspectives

Criminal Law and the Covid-19 Crisis

Foundations, Flaws, and Futures

Fundamental Rights for Non-Humans

This book gives the first in-depth assessment of how justification functions when women are claiming their right to equality. How can courts assess whether a proposed limit to women's equality is constitutionally justified? This question is rarely explicitly asked, with the assumption that well-established limitation frameworks, such as proportionality, are able to assess whether limits to women's rights are justified. However, delving into the theory and practice of justification reveals fracture points between the dominant approach to justification and women's rights to equality. One of its distinctive characteristics is the question of whether any analytical entwining or unwinding of equality and justification enhances the protection of women's rights to equality in constitutional democracies. It proposes a novel asymmetric relationship between equality and justification that requires innovative methodological approaches that enrich the task of adjudicating limits to women's equality. This is an intriguing, articulate and compelling examination of a question with real and applied significance to all those working on human rights and equality.

The Function of Justification in Achieving Women’s Equality

Hanging in the Balance

Modern Studies in European Law

This book clarifies all legal aspects of the good neighbourliness principle in international and EU law. It elaborates on the most acute infringements of the principle of good neighbourliness in both international relations and EU enlargement policy. Taking a two-part approach, it offers the international law and EU law perspectives. Over five chapters, it sets out the legal framework and the practical application of the principle, before setting out conclusions on the effectiveness of that application. Given the current focus on enlargement and accession to the EU this is a timely and topical study in an under-researched field.

The Principle of Good Neighbourliness in International Law and EU Law

This book is the first investigation of the relationship between EU digital sovereignty and sustainability strategies. It maps the ambitions and limitations of EU digital strategic autonomy and explores the structural challenges underlying its relationship with its green transition objectives in the context of the ongoing wars in neighbouring European countries and the consequent tensions in the EU energy sector. The EU is racing to achieve technological independence from third countries and foreign multinational companies to protect its digital sovereignty and preserve its fundamental rights. In the EU, digitalisation and the green transformation are seen as twin transitions. Yet, EU digital sovereignty strategies have a significant environmental cost. Reaching a status of strategic autonomy of the EU at the level of digital infrastructures, products, services and data implies higher energy consumption and exploitation of natural resources. Moreover, the geopolitical tensions following the Russian invasion of Ukraine have provoked an unprecedented energy crisis, which is affecting EU economies and impacting objectives of the twin transitions. The book offers an interdisciplinary analysis of the major EU regulatory and policy instruments in this field, providing an invaluable guide for academics, practitioners, and policymakers navigating the complex issues of preserving digital sovereignty and addressing climate change in times of war and energy crisis.

EU Challenges in Times of War and Energy Crisis

Digital Sovereignty and the Green Transition

Autonomy of EU Law and International Dispute-Settlement

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