http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
How international law works in times of crisis
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
Introduction -- International Law and Crisis: Dialectical Relationship -- Reflections on Crises and InternationalLaw -- PART I SECURITY THEMES -- Authorizing Attacks in Response to Terrorist Attacks: A Dark Side of the Law of Armed Conflicts -- The Challenge of 'Foreign Fighters' to the Liberal International Legal Order -- Multiple Actors in Framing EU External Policy: The Case of the EU Global Security Strategy -- Activating the Mutual Assistance Clause of the Treaty on the European Union and the Right of Self-​defence -- The Policy Effects of the Decisions of European Courts on Targeted Sanctions: Whither Human Rights? -- The Crisis of Privacy and Sacrifice of Personal Data in the Name of National Security: CJEU Rulings Strengthening EU Data Protection Standards -- PART II IMMUNITIES THEMES -- Recent Opposing Trends in the Conceptualization of the Law of Immunities: Some Reflections -- How to Limit Immunity of State Officials from Foreign Criminal Jurisdiction -- PART III SUSTAINABLE DEVELOPMENT THEMES -- The Future We Want: Sustainable Development as an Inherent Aim of Foreign Investment Protection -- The Paris Agreement and the Future of the Climate Regime: Reflections on an International Law Odyssey -- Investment Law and Renewable Energy: Green Expectations in Grey Times -- PART IV PHILOSOPHICAL PERSPECTIVES: PROBING KEY CONCEPTS AND PREMISES IN INTERNATIONALLAW -- Playing Hide and Seek with 'Vergangenheit, die nicht vergehen will' ('a Past that Will Not Pass') in the History of InternationalLaw -- La Démocratie Radicale dans les Discours Légaux Contemporains au Rojava au Cœur de la 'Crise' Syrienne: Une Analyse Genrée -- PART V DOMESTIC ENGAGEMENT WITH INTERNATIONALLAW -- The Domestic Judiciary in the Architecture of the Strasbourg System of Human Rights -- The Chilcot Report: International Law and Decision-​Making in Times of Crisis -- PART VI EPILOGUE -- Reflections: How International Law Functions in Times of Crisis
edited by George Ulrich and Ineta Ziemele.
Includes bibliographical references and index.
Oxford : Oxford University Press USA - OSO, ©2019
European Society of International Law series