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Kelleghan S: The New Arctic Map

The New Arctic Map

Who Owns the Seabed, the Straits, and the Shortcuts

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 offers a comprehensive examination of the Court of Justice of the European Union (CJEU) and its engagement with public international law. It explores how the Court has developed a flexible, context-dependent approach to international law, which seeks to balance the autonomy of the EU legal order with the necessity of recognising and integrating international legal principles. Rather than focusing on landmark cases, the book analyses the CJEU's jurisprudence thematically, exploring the various ways the Court encounters and engages with international law. These include the use of international law as a source and inspiration of EU law, as a method of challenging the validity of EU law, and as method of interpretation. The book goes beyond analysis of the judgments and explores the broader context in which the Court navigates its relationship with international law. It examines the circumstances under which the Court establishes barriers around the EU legal order, such as when it develops the principle of autonomy, and when it builds bridges with the international legal order, such as when it seeks to engage with and develop international law principles. This book will be of interest to scholars, practitioners, and students focused on the intersections of EU law and public international law, contributing to ongoing debates about legal pluralism and the evolving dynamics of intersecting legal frameworks.

The Court of Justice of the EU and Public International Law

This book examines the relationship between the UK Parliament and the European Court of Human Rights, and the relationship Parliament had previously with the Court of Justice of the European Union. It examines these relationships in the context of the highly-politicised area of immigration. The book illustrates, despite frequent claims to the contrary, that the adjudication of rights by 'foreign' courts in cases involving immigration has not in fact impeded Parliament's work or its sovereignty. By applying the democratic dialogue model to the relationship between the Parliament and these courts, the book illustrates the dynamic and interactive nature of the relationships. The institutions, working together, produce moderated and normatively advantageous human rights protections. Tackling the contentious issue of UK sovereignty, this important book, through rigorous analysis, expertly dismantles one of the most charged political claims of recent times.

The UK Parliament, Foreign Courts and Immigration

Sovereignty Intact

Brill | Nijhoff

Outer space has long been considered the last untouched wilderness. However, non-State actors are increasingly active in space, heightening the risk of space pollution. Space law, designed during the Cold War, is State-centric and makes inadequate provision for non-State actors. In the face of this emerging threat, this book examines potential avenues of redress in space law, including the Outer Space Treaty, along with international environmental law, international criminal law, international humanitarian law, and international human rights law. It also reviews the national legislation adopted by space-faring States at the domestic level. In parallel, the book examines the deeper theoretical implications addressing non-State actor conduct under international law. Ultimately, it proposes a ground-breaking new international law instrument to hold non-State actors responsible for space pollution.

Lex Ad Astra

This book explores the major theories of common law adjudication and presents a new theory of adjudication. It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Integrating Theory and Practice

Towards a New Theory of Adjudication

Routledge Handbook on Food Sustainability Law

Marking the 75th anniversary of the Universal Declaration of Human Rights and the 25th anniversary of the Framework Convention for the Protection of National Minorities and European Charter for Regional or Minority Languages, this book investigates to what extent minority rights can, or should, be treated as part of the human rights regime. Internationally renowned experts, both scholars and practitioners, critically assess the current state of protection from different disciplinary perspectives. Key themes include the historical trajectory from the League of Nations to ICCPR Article 27, the 'persons-belonging-to' formula, tensions between individual and collective protection, differences in normativity, and the absence of a universally binding definition of 'minority', with implications for non-derogability, enforcement, and sovereignty. Designed for students, researchers, and practitioners of international human rights law, European human rights, and minority protection, the volume provides a multi-disciplinary map of doctrine and practice and a focused resource for courses in public international law, particularly human rights law, European law, and minority rights.

Are Minority Rights (Still) Human Rights?

This book examines the increasing marketisation of framework agreements in UK public procurement and proposes reform to refocus the purpose of this vital purchasing tool and renew the emphasis on public service delivery. Through detailed empirical research, the book examines how contracting authorities set up and use framework agreements in practice, the behaviours of centralised procurement authorities and the private sector, and how these have been addressed or not under the Public Contracts Regulations 2015 implementing EU Directives. This reveals the scale of marketisation, the effect of legal rules on framework agreement efficacy, and the need for regulatory and other reform. Going further, post-Brexit, this book also examines the relatively limited impact of the new UK Procurement Act 2023 in addressing these issues and identifies a pressing need for further regulatory, institutional, and industry reform. The book provides the reader with a detailed understanding and analysis of the rules and policies on framework agreements as developed and applied under EU law and UK law, including the UK's post-Brexit efforts at reform, and the resulting legal uncertainty. It also provides insight into the less explored attitudes, behaviours, and practices. This includes everything from centralised purchasing authorities competing against each other to provide framework agreements across the public sector to private sector organisations seeking to run framework agreements for profit. The book will be of interest to practitioners keen to understand and mitigate legal and commercial risks in setting up and using framework agreements. It will also guide policy-makers on the key priorities for targeted reform. Civil society organisations will gain insight into the ongoing challenges of ensuring transparency and accountability. The book will also be of comparative interest in the EU given the UK's experience as a Member State and internationally for countries looking to reform their approach to regulating framework agreements.

Practice, Regulation and Reform

The Marketisation of Framework Agreements in the UK

Science fiction has long been fascinated with the potential for sentient, human-like artificial persons. Even before reality meets fantasy, individuals, governments and businesses already entrust AI to make automated decisions with potential for real-life impact. What are the implications for AI legal personhood? This work examines how different legal entities differ in rights and duties and considers historical examples that show how legal personhood status can change over time under economic, social and pragmatic pressures. By abandoning the traditional binary, characteristics-based concept of the legal person for a historical lens, we are left with a more nuanced concept of the legal person against which sentience matters far less than what we might otherwise assume.

Persona Ex Machina: Artificial Intelligence on a Spectrum of Legal Personhood

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

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

This open access book asks whether international economic crime can qualify as an international crime and be prosecuted as such. Taking a four-part approach to the question, it traces the origins of the concept of international economic crime, and draws the line between ordinary economic crimes and economic offences of international significance. To this end, it examines six cases involving the commissions of serious economic crimes in different regions of the world, including Europe, the Americas and Africa: the crime of grand corruption in the Petrobras case; the theft of natural resources in the Niger Delta region and Liberia; the international money-laundering scheme in the Bolichicos case; the crime of financing terrorism in the Chiquita case; the Volkswagen conspiracy case in the US and the Haarde case related to gross-negligence in preventing serious economic damage. It then goes on to discuss a potential sui generis category of international economic crimes, before considering the advantages and the challenges of the multilevel enforcement system of international criminal justice in prosecuting such crimes. This book provides an innovative and original avenue for the analysis of a controversial and yet overlooked topic in international criminal law. 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 Lund University.

Theorising a New Paradigm of Mass Criminality

Systemic Economic Offences as International Crimes

The New Arctic Map

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