The Principle of Solidarity: International and EU Law Perspectives

ISBN-13: 9789462655744 / Angielski / Twarda / 2023 / 296 str.

Eva Kassoti; Narin Idriz

Opis

This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous.The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction.As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States’ action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organizations presenting different visions (and levels) of co-operation.This book, the second volume to appear in the Global Europe Series, will appeal to international and EU law researchers and policy-makers alike with an interest in the nature and function of the principle of solidarity in international and EU law.Eva Kassoti is Senior researcher in EU and International Law at the T.M.C. Asser Institute in The Hague, The Netherlands and the Academic Co-ordinator of CLEER.Narin Idriz is Researcher in EU Law at the T.M.C. Asser Institute in The Hague, The Netherlands.

Spis treści

Chapter 1. Introduction.- Chapter 2. In Search of Solidarity in International Law.- Chapter 3. Solidarity as an International Legal Norm.- Chapter 4. The Principle of Solidarity in the Law of Transboundary Groundwater.- Chapter 5. Global Environmental Issues and International Solidarity: Between Myth and Reality.- Chapter 6. Anti-legal? Georges Scelle’s Solidarity, French Sociological School, and the Backlash against International Investment Law in Africa.- Chapter 7. Differential Treatment for Developing Countries as a Manifestation of Solidarity: Overcoming New Challenges by Going Back to the Basics.- Chapter 8. Thinking about Solidarity and EU Law.- Chapter 9. Why the European Commission’s ‘Pragmatic Approach’ to Asylum is Not Enough: Re-Imagining Solidarity as a New Form of Conducting Regional Politics.- Chapter 10. Solidarity in EU Migration and Asylum Law: A Corpus Linguistic Analysis.- Chapter 11. External Solidarity in Integrated Border Management: The Role of EU Migration Agencies.- Chapter 12. The Solidarity Principle in the Context of the CFSP: The Adoption of Restrictive Measures as an Expression of Solidarity?.- Chapter 13. The Many Faces of Solidarity and Its Role in the Jurisprudence of the AFSJ.- Chapter 14. Reflections on the Legal Content of Solidarity in EU Law under the Lens of the Covid-19 Pandemic.