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Shaping a Genuine Area of Freedom,
Security and Justice

Shaping a Genuine Area of Freedom, Security and Justice

Routledge Research in Human Rights Law

Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

Jurisdiction, Immunity and Transnational Human Rights Litigation

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

Form, Character and Nature

The United Nations Security Council and the Authorisation of Force

Routledge Research in EU Law

This book addresses legal issues raised by the institutionalisation of European University Alliances and suggests ways to facilitate sustainable academic cooperation towards a truly 'European University'. Since 2017, the EU's European University Alliances (EUAs) initiative has sought to forge cross-border connections between higher education institutions and enhance academic cooperation across Europe. In 2023, the EU launched ten pilot projects to explore legal structuring and facilitate European degrees, applying an innovative governance model to address these needs. This book brings together insights from researchers across Europe, analysing complex legal questions, from defining an appropriate legal status for EUAs to delineating membership, governance, and operational models that align with both EU and national laws. It demonstrates how, as these alliances navigate the challenges of cross-border resource, staff, and data sharing, they face the dual imperative of complying with EU regulations on data protection and competition while also integrating into diverse national legal systems.This book will be of interest to researchers in the field of EU law, legal education and governance.

European University Alliances and the Law

Cambridge Studies in European Law and Policy

The book offers a new theoretical perspective on the relationship between market regulation and private law in the face of contemporary challenges, such as climate change, the digitalisation of the marketplace, and growing inequality in society, with significant practical implications for a wide range of areas. It focuses on European private law to explore the uneasy interplay between the instrumental public regulation of economic activity and traditional, interpersonal justice-oriented private law in the multi-level and heterarchical legal order of the European Union (EU). By drawing together different elements of what are at present often disparate discourses of market regulation and private law, the book develops an integrated analytical framework that could help us better understand the interaction between the two. The central argument advanced in the book is that market regulation and private law are two sides of the same coin that can be reconciled with each other.

The Quest for Reconciliation in European Private Law

Market Regulation and Private Law

The Cambridge History of International Law

Volume II of The Cambridge History of International Law breaks the mould of Eurocentric histories in the field by exploring international law in Asia from antiquity to decolonization. Its twenty-six chapters span a vast geography, covering both the landmass and the oceans; offering accounts of statecraft and diplomacy, war and trade; marriage and gift-giving; treaty-making and dispute settlement; ideas of the human and 'the other'; and entanglements of political authority with mercantile, corporate and religious orders. The chapters introduce readers to a diverse cast of characters, from scholars, scientists, geographers, mapmakers; to traders, merchants, shipowners and entrepreneurs; and to women, revolutionaries, pirates, laborers, and monks. The volume explains leading historiographical trends, ponders the challenges of writing Asian histories of international law, highlights available materials and methods, and showcases the conceptual purchase of Asian histories for thinking about international law.

The Cambridge History of International Law: Volume 2, International Law in Asia

Oxford Monographs in International Law

This book considers the concept of effectiveness and its role in boundary dispute settlements. Through analysis of the application of effectiveness in historical and contemporary case law this book examines the role that international law plays in the adjudication of boundary disputes.

This book considers the concept of effectiveness and its role in boundary dispute settlements. Through analysis of the application of effectiveness in historical and contemporary case law this book examines the role that international law plays in the adjudication of boundary disputes.

International Law and the Adjudication of Territorial Disputes

This collection brings together revised, updated and new essays on EU citizenship by one of the leading commentators in the field. This important collection argues, in the face of increasing pessimism (not least from other citizenship lawyers), that EU citizenship offers much to admire and celebrate. The author explores the question from three perspectives; firstly looking at the status of citizenship in Europe before moving onto perceived points of issue. Finally, the author sets out the added value of citizenship, concluding that despite all the challenges faced, it is well placed to deal with future challenges both in the medium and long term. This is an important statement on the current and future status of a key tenet of European Union law by one of its leading commentators, and will be required reading for all scholars in the field.

Brings together revised/updated and new essays on EU citizenship by one of the leading commentators in the field.

Ius Tractum of Many Faces

European Citizenship

International Courts and Tribunals Series

Regional courts increasingly shape domestic law and policy, raising pressing questions about their democratic legitimacy. Balancing International Judicial Independence offers a groundbreaking framework for reconciling judicial independence with legitimate checks on judicial power. While independence is essential for courts to function, unchecked authority can be equally problematic. This book advances a nuanced approach that incorporates accountability and oversight without compromising independence. Part One introduces a conceptual framework for international judicial independence, tailored to the unique institutional and political contexts of regional courts and avoiding the uncritical application of domestic models. It draws on comparative analysis of courts in Europe and the Americas, including the European Court of Human Rights, the European Court of Justice, the Inter-American Court of Human Rights, and the Andean Tribunal of Justice. Part Two explores the normative foundations for constraining judicial power, examining legal accountability mechanisms and adapting the principle of checks and balances to the international sphere. Political constraints are reconceptualized as forms of institutional interdependence within a refined checks and balances framework. Part Three tackles the implications of using checks and balances as a normative guiding principle and critically analyses national and regional institutional sources of constraint on selected courts, as well as specific mechanisms like judicial selection, political override, and non-compliance. Filling a critical gap in the literature, this book provides a principled framework for scholars, practitioners, and policymakers to assess existing arrangements and guide institutional design in international adjudication.

Legal and Political Constraints in Regional Courts

Balancing International Judicial Independence

There are numerous practical challenges in the creation and enforcement of international commercial contracts for the sale of goods. Global Commercial Contracts provides an accessible but comprehensive overview of these challenges and the impact of various international instruments on these contracts. This book provides an introduction to the international law relevant to international commercial contracts and describe their effects in practical terms. It analyses the effect of the Convention on the International Sale of Goods (CISG), and the UNIDROIT Principles of International Commercial Contracts (PICC), highlighting their differences. The book also explores other essential international instruments including the UN Convention on the Use of Electronic Communications in International Commercial Contracts, the UN Convention on Limitation, Incoterms(c) 2020, UCP 600, and the URDG 750. The difficult topic of conflicts of laws is also examined and explained. Covering all aspects of international contracts, with emphasis on sale contracts, from formation and interpretation to dispute resolution, this new work fills a gap for an introductory guide on this fundamental topic.

Covering all aspects of international contracts, with emphasis on sale contracts, from formation and interpretation to dispute resolution, this new work fills a gap for an introductory guide on this fundamental topic.

CISG, PICC and other International Instruments

Global Commercial Contracts

Cambridge Companions to Law

The Cambridge Companion to World Trade Law offers expert but compact discussion of the diverse perspectives, enduring issues, and emergent challenges in the field. This volume offers a lively and thorough overview of the subject in all its dimensions. It takes stock of the state of the field of trade law without allowing current events to dominate key debates. It is intended to be appreciated not only by a legal audience as a collection of concise yet thoughtful reflective pieces, but also by readers across the fields of business, economics, finance, sociology, diplomacy, and international relations who may have no specialist trade law knowledge. It will appeal not only to the novice but also to the seasoned trade law expert who might wish to have at hand a single-volume compendium of current expert analysis across the different dimensions of trade law.

The Cambridge Companion to World Trade Law

Lloyd's Arbitration Law Library

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules.The book compares these five sets of rules by theme, addressing the role played by institutions; commencing the arbitration, formation and challenge of the Arbitral Tribunal; expedited and emergency procedures; conduct of the arbitration; powers of the tribunal; awards and orders; costs; and conduct and ethics. Each chapter contains a critique and commentary on the approach adopted by each institution, addressing the limitations of each set of rules whilst offering drafting tips and practical guidance for users and practitioners. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

A comparative guide

International Arbitration Rules

Shaping a Genuine Area of Freedom, Security and Justice

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