Seit dem 11. September 2001 ist die Welt nicht mehr so, wie sie vorher war. Dass heute von der "Rückkehr der Folter" gesprochen wird, wäre noch ganz zu Beginn des neuen Jahrtausends unvorstellbar gewesen, ebenso wie die Rede von einem "Krieg gegen den Terror". Angesichts der neuen Bedrohungen durch den Terrorismus finden sich Stimmen in Politik, Gesellschaft und Wissenschaft, die die Folter in Ausnahmefällen zur Rettung von Menschenleben gutheißen, legalisieren wollen oder gar für schon legal erachten - trotz eines absolut geltenden völkerrechtlichen Folterverbots. Die Hauptfrage, die...
Seit dem 11. September 2001 ist die Welt nicht mehr so, wie sie vorher war. Dass heute von der "Rückkehr der Folter" gesprochen wird, wäre noch ganz...
In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to...
In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. ...
Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions....
Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more ...
This edited book offers diverse perspectives on the Palestinian refugee problem and the possible ways to facilitate its resolution. The book contains contributions of Israeli, Palestinian and other scholars, and its main goal is to initiate an informed dialogue that will bridge the knowledge gap between the different camps. The book is the cul- nation of a joint effort to assist people to realize how people on the other side envision the problem and the possible ways to resolve it, and to gain a comparative perspective on refugee problems and their reso- tion efforts in other parts of the...
This edited book offers diverse perspectives on the Palestinian refugee problem and the possible ways to facilitate its resolution. The book contains ...
Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of...
Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, curren...
Niklas Luhmann's early systems-theoretical conception of functional differentiation holds both normative and empirical insights for our understanding of constitutional adjudication. For example, Luhmann's conception of legal autonomy may help to shed new light on the countermajoritarian difficulty. Secondly, his theory of how the political system is differentiated into two sub-systems can improve our conceptual understanding of judicial politicization. To illustrate this potential, this book applies "Legitimation durch Verfahren" in particular and Luhmann's early systems theory in general to...
Niklas Luhmann's early systems-theoretical conception of functional differentiation holds both normative and empirical insights for our understanding ...
While much ink has been spilled over successions' ramifications for international treaties and state debts, less attention has been paid to their effects on the internal law of states. When it comes to individual rights, this deficit represents a huge lacuna since a myriad of individual rights are still exclusively granted by state domestic law. This book fills the gap by exploring vast material from diverse succession scenarios since 1990 and detects general rules guiding the treatment of private rights when sovereignty changes. It represents a comprehensive and the only up-to-date work...
While much ink has been spilled over successions' ramifications for international treaties and state debts, less attention has been paid to their effe...
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