Archivo de Etiquetas: Case

Despite their many obvious interconnections, EU and international law are all too often studied and practised in different spheres. While it is natural for each to insist on its own unique characteristics, and in particular for the EU to emphasise its sui generis nature, important insights might be lost because of this exclusionary approach. This book aims to break through some of those barriers and to show how more interaction between the two spheres might be encouraged. In so doing, it offers a constitutional dimension but also a substantive one, identifying policy areas where EU and international law and their respective actors work alongside each other. Offering a 360-degree view on both EU and international institutional and substantive law, this collection presents a refreshing perspective on a longstanding issue.

The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.

International Theory Volume 11 / Issue 2, July 2019 ISSN: 1752-9719 (Print), 1752-9727 (Online) @InternatlTheory @CambridgeUniversityPressPolitics International Theory (IT) is a peer reviewed journal which promotes theoretical scholarship about the positive, legal, and normative aspects of world politics respectively. IT is open to theory of absolutely all varieties and from …

International Relations of the Asia-Pacific is a major international journal publishing the best original research in the field. The journal, launched in 2001, is published three times a year in January, May and September. Papers are welcomed from all international relations scholars, both within and without the Asia-Pacific region.The aims of International Relations of the Asia-Pacific are twofold: to bring outstanding general scholarship in international relations to readers in the Asia-Pacific; and to provide a dedicated outlet for scholars working on the international relations of the region. The circulation of the journal includes all the members of the Japan Association of International Relations, thereby guaranteeing substantial readership within the region.International Relations of the Asia-Pacific focusses on: the relations between the countries within the Asia-Pacific region; the relations between the Asia-Pacific and the rest of the world; and general issues and theories of international relations that have a bearing on one or more countries of the Asia-Pacific. The journal is open to all methodological approaches and schools of thought. Among the topics that fall within the journal’s focus are, for example:• the ‘Asian values’ debate • Indonesian foreign policy after Suharto • the political economy of investment in the Asia-Pacific • Japan’s ‘special relationships’ with the UK and the USA • Association of South-East Asian nations and the China– Japan–US triangle • the rise of regionalism in the Asia-Pacific • the role of international institutions • humanitarian intervention in Cambodia and East Timor • reconciliation on the Korean peninsula • the Theatre Missile Defence initiative and regional responses • the metamorphosis of state sovereignty: Asia-Pacific examples • the Asian financial crisis and the International Monetary Fund

The Chinese Journal of International Law is the leading forum for articles on international law by Chinese scholars and on international law issues relating to China.An independent, peer-reviewed research journal edited primarily by scholars from mainland China, and published in association with the Chinese Society of International Law, Beijing, and Wuhan University Institute of International Law, Wuhan, the Journal is a general international law journal with a focus on materials and viewpoints from and/or about China, other parts of Asia, and the broader developing world.

The International & Comparative Law Quarterly (ICLQ) publishes papers on public and private international law, comparative law, human rights and European law, and is one of the world's leading journals covering all these areas. Since it was founded in 1952 the ICLQ has built a reputation for publishing innovative and original articles within the various fields, and also spanning them, exploring the connections between the subject areas. It offers both academics and practitioners wide topical coverage, without compromising rigorous editorial standards. The ICLQ attracts scholarship of the highest standard from around the world, which contributes to the maintenance of its truly international frame of reference. The 'Shorter Articles and Notes' section enables the discussion of contemporary legal issues and 'Book Reviews' highlight the most important new publications in these various fields. The ICLQ is the journal of the British Institute of International and Comparative Law, and is published by Cambridge University Press

Consensus-Based Interpretation of Regional Human Rights Treaties Publication Date: 28 March 2019 ISBN: 978-90-04-37551-2 DOI:https://doi.org/10.1163/9789004375512 Series:International Studies in Human Rights, Volume: 129 Author: Francisco Pascual-Vives In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of …

The International Court of Justice (ICJ) delivers Judgment in the Case of Iran v. United States of America ICJ delivers its Judgment on the preliminary objections of the United States in the Case of Iran v. United States of America. La CIJ rend son arrêt sur les exceptions préliminaires des …

Favourite Readings 2018: Discovering (new) classics, better late than never Editor’s note: Continuing a tradition started by Isabel Feichtner a few years ago, EJIL’s Review Editor, Christian J. Tams, invited members of the EJIL board to offer short reflections on their favourite books of the year 2018. In the following days we will …

Women in International Law: A Vanishing Act? The recent nominations for judicial posts at the UN International Residual Mechanism for Criminal Tribunals (IRMCT) have caused outrage. However, the frustration expressed regarding the lack of adequate representation of women on the international stage is not new. The issue is not just …

Palestine v United States: Why the ICJ does not need to decide whether Palestine is a state Palestine’s institution of proceedings against the United States before the International Court of Justice (ICJ) has already drawn much attention on this blog (see here and here) and elsewhere. A great deal has …