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Catalogue complet

Community-of-Interests as a Theory of International Water Law

Brill

Flavia Loures: Community-of-Interests as
a Theory of International Water Law

Studies in International Law

This book offers a foundational rethinking of how international law engages with non-state effective territorial entities - territories that, while legally part of a recognised state, are de facto governed by non-state actors or other states. These entities - ranging from ISIL-controlled areas in Syria to the contested territory of Crimea, the autonomous Somaliland, and Taiwan - occupy an increasingly prominent place in global politics, yet remain inadequately addressed in legal doctrine. Rather than assessing these territories through the binary lens of statehood, the book begins by assuming their non-state status and asks: what legal capacity and responsibilities do such entities hold under international law? It considers their obligations toward both other states and the populations under their control, and explores the broader implications for concepts like sovereignty, territorial integrity, and recognition. Drawing on four case studies across a spectrum of state-likeness, the book moves beyond isolated analyses of conflict or self-determination to offer a more holistic account of what these entities reveal about the limits and possibilities of the current international legal framework. It argues for a more functional, capacity-based understanding of legal responsibility that acknowledges the realities of territorial control without forgoing the notion and role of statehood. Combining doctrinal clarity with pragmatic ambition, this book challenges the state-centric foundations of international law and offers a roadmap for engaging with one of its most pressing contemporary challenges: the legal accommodation of non-state territorial authority in a world still structured around states.

Re-Thinking Capacity and Responsibility in International Law

Non-State Effective Territorial Entities

A Commentary

The European Convention on Human Rights

This book demonstrates how legal knowledge is a vital, empowering tool in human rights education. Despite the centrality of international human rights law to the global rights framework, its role in human rights education (HRE) - particularly in schools and community settings - has been sidelined, dismissed as either too technical or too politically problematic. This book challenges that marginalisation head-on. It examines how legal knowledge is framed, valued, or rejected in the theory and practice of HRE, engaging critically with the prevailing trends in the field: one that gestures toward law but avoids depth, and another that disavows law entirely in favour of culturally embedded alternatives. Through a close reading of scholarship and policy, combined with insights from educational theory and socio-legal studies, the book argues for law's role as a form of "powerful knowledge" in HRE. It contends that access to and understanding of legal norms and mechanisms are not only essential for meaningful rights education but are themselves enabling rights in practice. The book will be of interest to scholars and students of human rights, legal pedagogy, and education policy, as well as practitioners developing HRE programs. It offers a timely, nuanced intervention into a field grappling with deep epistemological and political tensions, and reasserts the value of law in the struggle for rights.

The Role of Law in Human Rights Education

A Festschrift for Rob Cryer

The Character of International Law

This book examines the United Nations Security Council's authorisation of the use of force, considering the extensive body of UN Security Council resolutions across its now eighty years of existence. As one of the established exceptions to the Article 2(4) UN Charter prohibition on the use of force, UN Security Council authorisation of force remains a key focus for both States and scholars alike. Despite the apparent consequences of authorisation, authorising resolutions lack prescribed formats or mandatory content. The UN Security Council has over time, however, developed a consistent practice of prior explicit authorisation. The development of this practice is reflected in a number of essential characteristics within authorising resolutions of the UN Security Council. These include explicit determinations of a threat to international peace and security, the invocation of Chapter VII (or VIII) of the UN Charter, the use of specific authorising language, the inclusion of time or functional limits on authorisation, and the imposition of reporting obligations on those authorised to use force. The book ultimately argues that prior explicit authorisation constitutes a well-established practice, rejecting the legality and admissibility of implicit and retroactive authorisation.

Form, Character and Nature

The United Nations Security Council and the Authorisation of Force

This classic textbook provides a thorough overview of European private international law. It is essential reading for students and practitioners of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores. Opening with foundational questions, the book clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression, ensuring it maintains its position as the leading textbook in the field.

Commercial Litigation in the EU

European Private International Law

Studies in Private International Law

Choice of Law as a Tool of Environmental Global Governance

Private International Environmental Litigation before EU Courts

Trading Women's Rights in Transitions is about how women's rights are traded away by diplomatic actors directly in exchange for immediate political or other settlements, and indirectly in terms of being left off the international agenda with long-term consequences.

Trading Women's Rights in Transitions

The Art Law Library

This open access book offers a unique perspective on the return of cultural objects by considering the aftermath of the handover processes. While calls for the repatriation of heritage have been made since the start of the decolonisation process, it is only in recent years that the debate on returning cultural objects has gained widespread prominence. This has been followed by ongoing efforts from several countries to change the legislation, adopt principles, and invest in provenance research to turn repatriation into a more proactive mechanism. The book tells the story of cultural objects that were housed in European institutions and returned to countries in Africa, Asia, and the Americas. In addition to in-depth analysis of relevant laws and policies, each of the case studies integrates interviews with those who were directly involved in those return processes, as well as those who were impacted by them, including museum staff, government representatives and community members. The book presents previously unheard insights into past return processes, the manifold modalities that such processes have followed, and, at times, unexpected outcomes. By doing so, it offers possible lessons to be learnt for future returns. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Leverhulme Trust.

Exploring the Stories of Cultural Objects After their Return

Beyond Restitution

Structural Principles of EU Law

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

¿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

Community-of-Interests as a Theory of International Water Law

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