International and European law 15 results

Filling a gap in the legal literature, this book is aimed at studying national human rights institutions from an international and comparative standpoint, contrasting the experiences and practices in Europe and Latin America.

This book explores the extent to which Responsibility to Protect shifts our understanding of both the potential and practice of international law.

This book offers a comprehensive yet concise take on the legal regulation of the various phases in the complex cycle of armed conflicts, from prevention to reconstruction, and covering everything in between, in particular the vast body of rules laid down in current international humanitarian law.

This book determines the international meaning of the refugee definition in Article 1A(2) of the 1951 Refugee Convention as regards refugee protection claims related to situations of armed conflict in the country of origin.

This book identifies rules and limits of cross-border computer network operations for which States bear the international responsibility during both peace and war. It consequently addresses questions on jus ad bellum and jus in bello in addition to State responsibility.

Every year, millions of people worldwide are forced to leave their homes and become displaced due to a variety of causes. This book explores the role of international human rights law in protecting people against involuntary displacement. It does so with reference to the idea of a ‘human right not to be displaced’.

In 1994, the United Nations Development Programme coined the term ‘human security’. It approached ‘security’ from a holistic perspective. Human security discourses have continually emphasised the central role of States as providers of human security. This volume challenges this paradigm, and highlights the part played by non-state actors in both threatening human security and also in rescuing or providing relief to those whose human security is endangered

Many states view Private Military and Security Companies (PMSCs) as crucial to implement their security policy. However, reoccurring incidents of human rights violations have led the international community, private sector and civil society to acknowledge the need for more control. This book examines the promises and dangers of emerging non-binding PMSC regulation alongside more traditional forms of law-making such as plans for an international convention on the use of PMSCs.

Over the past twenty years, National Human Rights Institutions (NHRIs) have moved from the periphery to the centre of the human rights debate. The potential of NHRIs to transmit and implement international norms at the domestic level, and to transfer human rights expertise to regional and global human rights fora, is increasingly recognised. This book focuses on the functioning and role of NHRIs in Europe in a comparative, European and international perspective.

This book fills a gap in the literature on how the Convention for the Protection and Promotion of the Diversity of Cultural Expressions positions itself within the bigger field of public international law. Several studies have been undertaken regarding the relationship of this Convention with the trade regime. However, the drafting process of the Convention brought many more than only trade issues to the forefront, such as heritage law, human rights law, or development law issues. This book investigates to what extent the Convention has impact on these various fields of law and thus aims at clarifying the Convention’s contribution to the fragmentation of public international law.

The present book, with carefully selected contributions from many prominent scholars and practitioners, is the first to explore situations in which human rights are threatened or violated through the actions, operations or policies of international organizations in a comprehensive manner and to examine the accountability mechanisms that are available.

NGOs play an increasingly important role not only as international political actors but also as organizations involved in the creation, implementation and enforcement of international law. This book answers the question whether these organizations acquired an international status equivalent to that of States or international governmental organizations?

This book combines an insight into the legal aspects of operations conducted as part of the European Security and Defence Policy (ESDP) of the EU with an analysis of the status and obligations of international organizations under international law and applies the findings thereof to the law of armed conflict and human rights in relation to ESDP operations.

This edited volume ascertains the added value of international criminal tribunals in fighting impunity for crimes against international law and fostering political reconciliation in affected States. It aims to identify best practices which may inform the choice between the establishment of international criminal tribunals and recourse to other mechanisms, and which may render existing or future tribunals more effective institutions.

This book analyzes whether, and to what extent, the exercise of extraterritorial jurisdiction in cartel and merger matters is in fact lawful under international law. It does so from a transatlantic perspective, with an emphasis on practice in the United States and the European Community. The book mainly focuses on the use of the controversial effects and implementation doctrines of jurisdiction.