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How International Law Works in Times of Crisis

How International Law Works in Times of Crisis

Author: George Ulrich; Ineta Ziemele
Publisher: Oxford University Press
ISBN: 9780198849667
Published In: October 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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, George Ulrich and Ineta Ziemele

Reflections on Crises and International Law, James Crawford

I. Security themes

1: Authorizing Attacks in Response to Terrorist Attacks: a Dark Side of the Law of Armed Conflicts, Patrycja Grzebyk

2: The Challenge of 'Foreign Fighters' to the Liberal International Legal Order, Sandra Krähenmann

3: Multiple Actors in Framing EU External Policy: The Case of the EU Global Security Strategy, Ilze Ruse

4: Activating the Mutual Assistance Clause of the Treaty on the European Union and the Right of Self-defence, Carlos Espaliú Berdud

5: The Policy Effects of the Decisions of European Courts on Targeted Sanctions: Whither Human Rights and Due Process?, Kushtrim Istrefi

6: The Crisis of Privacy and Sacrifice of Personal Data in the Name of National Security: CJEU Rulings Strengthening EU Data Protection Standards, Irena Nesterova

II. Immunities themes

7: Recent Opposing Trends in the Conceptualisation of the Law of Immunities: Some Reflections, Stefano Dominelli

8: How to Limit Immunity of State Officials from Foreign Criminal Jurisdiction, Pavel Sturma

III. Sustainable development themes

9: The Future We Want: Sustainable Development as an Inherent Aim of Foreign Investment Protection, Ilze Dubava

10: The Paris Agreement and the Future of the Climate Regime: Reflections on an International Law Odyssey, Annalisa Savaresi

11: How International Law Works in Investment Law and Renewable Energy: Green Expectations in Grey Times, Fernando Dias Simões

IV. Philosophical perspectives: probing key concepts and premises in international law

12: Playing Hide and Seek with 'Vergangenheit, die nicht vergehen will' ('a Past that Will Not Pass') in the History of International Law, Ignacio de la Rasilla

13: La démocratie radicale dans les discours légaux contemporains au Rojava au cur de la « crise » syrienne: Une analyse genrée, Zeynep Kivilcim

V. Domestic engagement with international law

14: The Domestic Judiciary in the Architecture of the Strasbourg System of Human Rights, David Kosar and Jan Petrov

15: The Chilcot Report: International Law and Decision Making in Times of Crisis, Stephen Bouwhuis

VI. Epilogue

Reflections: how international law functions in times of crisis, Jean-Marc Sauvé