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Political Science and International Studies (R0)

Sebastian Smart

Business, Human Rights, Technology, and Transitional Justice in Latin America

Tracing Connections

&lt;p&gt;Chapter 1: Introduction: Transitional Justice in the Age of Surveillance Capitalism.- Chapter 2: Business Model-related Human Rights Risks: the Value of Looking Downstream.- Chapter 3: Challenges of global governance: digital technologies in post/conflict settings and implications for corporate responsibility to respect human rights.- Chapter 4: Truth.- Chapter 5: Justice.- Chapter 6: Reparations.- Chapter 7: Guarantees of non-repetition (GNR).- Chapter 8: Memory.- Chapter 9: Lessons from recent protest events in Latin America.&lt;/p&gt;

International Law

Melland Schill Studies in International Law

'This book is a masterful argument on the current state of the law of the sea in its geopolitical context from a deeply and widely experienced practitioner and scholar. It goes to the heart of the continuing significance of the law of the sea in maintaining global order, addressing what is at stake for global order in current law of the sea jurisprudence.' &gt;'This book presents a crucial study that confronts the contemporary crisis in international public order. Dr Grant's thorough analysis of jurisprudence offers valuable insights into the role of the dispute settlement system of UNCLOS in a time of public order crisis.' Professor Yoshifumi Tanaka, &gt;Critically examining the intersection of territorial sovereignty and maritime disputes under the United Nations Convention on the Law of the Sea (UNCLOS), this book questions the prevailing view that adjudicators applying UNCLOS must refuse to exercise jurisdiction over issues of sovereignty. The law of the sea embraces the principle that a state does not change its boundaries with another state by force. This principle is indispensable to modern public order, and it limits the meaning of the term 'sovereignty dispute' for purposes of the law of the sea. This book argues that when parties assert that a sovereignty dispute prevents adjudication of a maritime dispute, adjudicators are competent to determine whether a sovereignty dispute--in fact and in law--exists. Through a detailed analysis of key cases, including those concerning the Chagos Archipelago, the South China Sea, and Russia's annexation of Crimea, the book argues that adjudicators should apply ordinary scrutiny to evidence concerning territorial claims rooted in the use of force but that an exaggerated caution about the supposed limits of their authority has led them in key cases to fail in that basic part of the adjudicator's function. Examining and critiquing the February 2020 Annex VII award in Coastal State Rights, the book suggests that adjudicators would better implement the terms of UNCLOS and serve the legal system at large if they considered decisions of other international organs when these reflect consensus as to findings of fact and that they should also adhere to the standard methods of fact-finding familiar to parties and adjudicators in most legal systems. Timely and thought-provoking, this book invites a fresh look at an enduring problem made all the more urgent by the many uncertainties in present-day geopolitics.

A Public Order Perspective

Sovereignty Disputes and the United Nations Convention on the Law of the Sea

Cambridge Studies in European Law and Policy

Social media giants like Meta and transnational regulators such as the European Union are transforming private governance by creatively emulating public law frameworks. Drawing on exclusive interviews and in-depth analysis of Meta's Oversight Board and the EU's Digital Services Act, this book explores how these approaches blend European and American perspectives, bridging distinct legal traditions to address the challenges of platform governance. Analysis of content moderation practices and their implications uncovers a critical pattern in the evolution of governance for industries that will define the future, from digital platforms to emerging technologies. Combining public and private law in innovative ways, the book sheds light on bold governance experiments that will shape the digital world-for better or worse. This study offers crucial insights for understanding the next chapter of global governance in an increasingly interconnected and privatized world. This title is also available as Open Access on Cambridge Core.

The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability

Governance by Emulation

Juridicum – Bochumer Schriften zur Friedenssicherung und zum Humanitären Völkerrecht I Bochum Studies on the International Law of Peace and Armed Conflict

Administrative procedure is often perceived as a nuisance by those involved: by individuals seeking an action, service or permission from the state as well as by members of the administration wanting to pursue an action against an individual or refusing to act in her favour. Both sides may view administrative procedure as an unwelcome hurdle on their way to reach their objectives. This perception, however, clouds the value and importance of administrative procedure for the individual in modern legal systems. It is not an end in itself but protects individuals against arbitrary state action.
This book explores the connection between international human rights law and administrative procedure. In particular, it discusses potential justifications for obligations of administrative procedure under international human rights law, their doctrinal construction, and their implementation as well as the scope of review of courts.
About the Author
Benedikt Behlert works as an attorney in Düsseldorf, focussing on all areas of German, European and international public law.

The Relevance of Administrative Procedure to International Human Rights

The Necessity of a Conversation between the Administration and the Individual

What is the rule of law for? What does that take? Why does it matter? There is little clarity and less agreement about any of these questions. That is partly because they are hard, but it is also because we generally do not think especially well about them. Yet they are rarely more important than today, and there are better ways to think. In this seminal book, Martin Krygier combines an account of conventional assumptions, a fundamental critique of them, and an alternative way of thinking about the purpose, the value, and the significance of the rule of law, in light of the goal it should serve: tempering power. In this time of widespread intemperate abuse of power throughout the world, these concerns are not merely analytical, academic, or even legal. They are social, political, and moral, and everyone's business. And the stakes are high.

Beyond the Rule of Law

Tempering Power

Cambridge Studies in International and Comparative Law

Hegemony, Contestation, and International Law

Free Flow of Information

Palgrave Studies in Prisons and Penology

Prison building has moved from the margins to the mainstream of our penal politics. In recent years the UK Government has invested billions in new prison building and the main political parties are currently locked into a penal arms race over who can, and who will, build the most additional prison places in England and Wales. Prison building is now widely lauded as the definitive policy solution to the current prisons crisis and yet, this remains an elusive sphere of penal policymaking. Academic research remains in its infancy, and we still know very little about how these large investment decisions are made, by whom and for what reasons.
In seeking to shine a light on this subterranean and largely closed sphere of contemporary penal policymaking, this book presents the first systematic study of prison building programmes in England and Wales since the mid-1990’s punitive turn. Drawing upon extensive archival research, 28 exploratory qualitative interviews, publicly recorded data, historic satellite imagery and other mapping techniques this book has three main aims: (1) to provide an authoritative historical account of prison building activity in England and Wales since the mid-1990s punitive turn, (2) to explain why successive governments have chosen to invest in new prison building programmes and (3) to reflect upon how the prisons we build - functionally, architecturally, geographically – continue to shape our politics long after they have been constructed.
Thomas Guiney&nbsp;is Assistant&nbsp;Professor of Criminology in the School of Sociology and Social Policy&nbsp;at University of Nottingham, UK. Tom has published widely on the politics of punishment and recently published an edited collection&nbsp;Parole Futures: Rationalities, Institutions and Practices&nbsp;with Hart Bloomsbury (Oñati International Series in Law and Society). Tom sits on the Editorial Board of the&nbsp;British Journal of Criminology and is a regular contributor to public debates on criminal justice.

Building Legacies and the State Capacity to Punish

The Politics of Prison Building Programmes

ASIL Studies in International Legal Theory

Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.

Human Dignity in International Law

Towards a Victim-Centred Approach

Hostages and Human Rights

Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book's central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law's unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order.

The Nature of International Law

The Cambridge History of International Law

Volume IV of The Cambridge History of International Law explores the existence and scope of international law in Antiquity, spanning approximately 1800 BCE to 650 CE. During this period, the territories surrounding the Mediterranean engaged in various forms of cross-border interaction, from trade wars to diplomacy; this traffic was regulated through a patchwork of laws, regulations and treaties. However, the existence of international law as a coherent concept in Antiquity remains contested. We can speak only about 'territories', which include empires, tribal lands and cities, not about 'countries' or 'nations' in the modern sense. Rather than offering an overview of legal relations between territories surrounding the Mediterranean in Antiquity, this volume presents a set of case studies centred around various topics commonly associated with the modern idea of international law. Together, these studies result in a novel but accessible perspective on the (in)existence of international law in Antiquity.

The Cambridge History of International Law: Volume 4, International Law in the Middle East and the Mediterranean during Antiquity

Cambridge Studies in Constitutional Law

This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.

Local Meanings of Proportionality

Business, Human Rights, Technology, and Transitional Justice in Latin America

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