International law Books

Book SynopsisIn 2015, the United States Department of Defense published its long-awaited Law of War Manual making a significant statement on the position of the US government on important military matters. Whilst readers recognise the Manual''s legal and strategic importance, they may question whether particular statements of law are legally accurate or complete. This book offers a unique in-depth review of the complete Manual, including revisions, on a paragraph-by-paragraph, line-by-line and word-by-word basis. The authors offer their personal assessment of the DoD''s declared view as to the law that regulates the conduct of warfare, a subject of unparalleled current importance. William H. Boothby and Wolff Heintschel von Heinegg offer a balanced, articulate and authoritative critique for readers perusing the Manual in whatever capacity.Table of ContentsIntroduction; 1. General background; 2. Principles; 3. Application of the law of war; 4. Classes of persons; 5. The conduct of hostilities; 6. Weapons; 7. Wounded, sick, shipwrecked, dead and the medical services; 8. Detention – overview and baseline rules; 9. Prisoners of war; 10. Civilians in the hands of a party to the conflict; 11. Military occupation; 12. Non-hostile relations between belligerents; 13. Naval warfare; 14. Air and space warfare; 15. The law of neutrality; 16. Cyber operations; 17. Non-international armed conflict; 18. Implementation and enforcement of the law of war; 19. Documentary appendix – notes on treaties and other relevant documents; 20. Post-publication amendments.

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Book SynopsisNow in its third edition, International Law: Cases and Materials with Australian Perspectives remains an authoritative textbook on international law for Australian students. With a strong focus on Australian practice and interpretation, the text examines how international law is developed, implemented and interpreted within the international community and considers new and developing approaches within this field. This edition has been comprehensively updated to address recent developments in international law. The selection of cases and materials provides a thorough coverage of core areas and addresses a range of contemporary challenges, including climate change, human rights, nuclear proliferation and the South China Sea. A new chapter on international trade law reflects the growing importance of this body of law in Australian practice. Guiding commentary provides a rigorous analysis of key principles. Written by a team of experts with substantial experience in this field, InternationTable of Contents1. The nature of international law; 2. Sources of international law; 3. Law of treaties; 4. International and municipal law; 5. International legal personality; 6. Sovereignty over territory; 7. Jurisdiction; 8. State responsibility; 9. Human rights; 10. Law of the sea; 11. International environmental law; 12. International trade law; 13. Use of force; 14. Enforcement of international law; 15. The peaceful settlement of international disputes.

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Book SynopsisStrategic A2/AD in Cyberspace focuses on exclusion from cyberspace, or the ability of a state to be cut off entirely from cyberspace. Strategic anti-access and area denial (A2/AD) operations are common in other domains, but, before now, they have not been examined for their relevance to cyberspace. This book examines how strategic A2/AD operations can cut off states from cyberspace through attacks at either the physical or logic layers of cyberspace. The result of strategic cyber A2/AD operations could be catastrophic for modern economies, governments, military forces, and societies, yet there has been surprisingly little study of these threats to states'' access to cyberspace. This book examines the implications of strategic cyber A2/AD operations for deterrence strategy and proposes a new view of how exclusion from cyberspace can be used as a coercive tool in diplomacy.Table of ContentsList of figures; List of tables; Acknowledgements; 1. Introduction; 2. Historical perspective of A2/AD strategy; 3. The physical layer; 4. The logic layer; 5. Implications for deterrence and coercion; 6. Conclusions and recommendations; Bibliography; Index.

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Book SynopsisThis is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.Table of ContentsList of contents. List of abbreviations. Table of cases. List of treaties. 1. Introduction. 1.1 Purpose and topic. 1.2 The legal regime for the interpretatation of treaties as a system of rules. 1.3 Basic concepts. 1.4 Method. 1.5 Organisation of work. 1.6 Typographical conventions adhered to. 2. THE CONCEPT OF A RULE OF INTERPRETATION. 2.1 The correct meaning. 2.2 How to determine the correct meaning. 2.3 How to determine the correct meaning (cont’d). 2.4 How to determine the correct meaning (cont’d). 2.5 The concept of a first-order rule of interpretation. 2.6 The concept of a second-order rule of interpretation. 3. USING CONVENTIONAL LANGUAGE ('THE ORDINARY MEANING'). 3.1 Introduction; in particular, regarding the problem caused by social variation in language. 3.2 Regarding the problem caused by social variation in language (cont’d). 3.3 Regarding the problem caused by temporal variation in language. 3.4 Regarding the problem caused by temporal variation in language (cont’d). 3.5 Regarding the problem caused by temporal variation in language (cont’d). 3.6 Conclusions. 4. USING THE CONTEXT: THE 'TEXT' OF A TREATY. 4.1 '[T]he text'. 4.2 '[T]he text' put to use. 4.3 '[T]he text' put to use: different words and phrases shall (sometimes) be given different meanings. 4.4 '[T]he text' put to use: no logical tautologies. 4.5 Conclusions. 5. USING THE CONTEXT: the elements set out in VCLT ART. 31 § 2 (A) och (B). 5.1 The meaning of subparagraph (a): introduction. 5.2 The meaning of subparagraph (a): 'any agreement'. 5.3 The meaning of subparagraph (b). 5.4 The 'agreement' and the 'instrument' put to use. 5.5 Conclusions. 6. Using the context: the elements set out in vclt art. 31 §3. 6.1 Subparagraph (a). 6.2 Subparagraph (b): introduction. 6.3 Subparagraph (b): 'any agreement'. 6.4 Subparagraph (c): introduction. 6.5 Subparagraph (c): 'applicable'. 6.6 The elements put to use. 6.7 Conclusions. 7.Using the object and purpose. 7.1 On the meaning of 'object and purpose' in general. 7.2 '[O]bject and purpose' – one concept or two? Moreover, regarding the variation of an object and purpose over time. 7.3 Treaties with several objects and purposes. 7.4 The 'object and purpose' put to use. 7.5 The 'object and purpose' put to use (cont’d). 7.6 Conclusions. 8. Using the supplementary means of interpretation. 8.1 The meaning of 'supplementary means of interpretation'. 8.2 '[T]he preparatory work of the treaty'. 8.3 '[T]he circumstances of [the treaty’s] conclusion'. 8.4 Other supplementary means of interpretation: ratification work. 8.5 Other supplementary means of interpretation: treaties in pari materia. 8.6 Other supplementary means of interpretation: the context. 8.7 The 'supplementary means of interpretation' put to use. 8.8 Conclusions. 9 Using the supplementary means of interpretation (cont’d). 9.1 The rule of restrictive interpretation. 9.2 The principle of contra proferentem. 9.3 Exceptions shall be narrowly interpreted. 9.4 The rule of necessary implication. 9.5 Interpretation per analogiam. 9.6 Interpretation per argumentum a fortiori. 9.7 Interpretation per argumentum e contrario. 9.8 The principle of ejusdem generis. 9.9 Other claimed rules of interpretation. 10. The relationships between different means of interpretation. 10.1 The relationship between primary and supplementary means of interpretation: an introduction. 10.2 The relationship between primary and supplementary means of interpretation: the second-order rule as a conclusive reason or as a reason pro tanto. 10.3 The expression 'ambiguous or obscure'. 10.4 The expression 'leads to a result which is manifestly absurd or unreasonable'. 10.5 The expression 'leads to a result which is manifestly absurd or unreasonable' (cont’d). 10.6 The expression 'leads to a result which is manifestly absurd or unreasonable'

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Book SynopsisThis fifth edition of International Law: A South African Perspective is now titled Dugard's International Law: A South African Perspective, in recognition of the fact that this work is a continuation of the earlier editions written by John Dugard.Table of ContentsThe Nature and History of International Law-John Dugard; South Africa and International Law: A Historical Introduction- John Dugard; Sources of International Law-John Dugard and Dire Tladi; The Place of International Law in South African Municipal Law-John Dugard and Andreas Coutsoudis; States (Including Recognition and Non-recognition)-John Dugard; Recognition of Governments-John Dugard; Recognition in Municipal Law-John Dugard; Territory-John Dugard and Rosalind Elphick; Jurisdiction and International Crimes-John Dugard, Max du Plessis and Eshed Cohen; International Criminal Courts, the International Criminal Court, and South Africa's Implementation of the Rome Statute-Max du Plessis and Eshed Cohen; Extradition-Anton Katz, Max du Plessis, Eshed Cohen and John Dugard; Immunity from Jurisdiction-John Dugard; State Responsibility, Diplomatic Protection and the Treatment of Aliens-John Dugard; Responsibility of International Organisations-Arnold Pronto; Human Rights-John Dugard and Jackie Dugard; Refugees and Stateless Persons-Anton Katz and Tiyanjana Maluwa; Law of the Sea-John Dugard and Dire Tladi; Air and Space Law-John Dugard and Rosalind Elphick; International Environmental Law-John Dugard and Dire Tladi; Treaties-John Dugard; International Economic Relations-Max du Plessis and Kholofelo Kugler; International Adjudication-John Dugard and Rosalind Elphick; The United Nations and the Maintenance of International Peace and Security-John Dugard and Tiyanjana Maluwa; The Use of Force by States-Dire Tladi and John Dugard; Humanitarian Law-John Dugard; The African Union-Max du Plessis and Tiyanjana Maluwa.

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Book SynopsisThis book creates a user-friendly, accessible guide to the complex area of sanctions law. In particular, the book examines how sanctions restrictions work in practice, and what the implications are for multinational businesses operating across numerous sanctions regimes. To this extent, the book considers the interrelationship between sanctions at the supranational and national levels, including the impact of the far-reaching US sanctions regime. The book’s aim is not to provide an exhaustive list of sanctions regulations, but rather a framework for engaging with the relevant legislation and the main issues arising therefrom. Reinforcing this practical and commercially-focused approach, each chapter is written in a format that enables easy reading and rapid assimilation. Where there are relevant materials, be they legislative or case-law, these are outlined at the start of each chapter. In addition, the chapters dealing with challenges to sanctions designations each include a section with key principles, providing the clearest possible treatment of the subject.Table of ContentsBRIEF CONTENTS Introduction PART I SANCTIONS REGIMES AND HOW THEY WORK 1. UN Sanctions 2. EU Sanctions 3. UK Sanctions 4. US Sanctions PART II CHALLENGING SANCTIONS 5. Challenging Sanctions at the UN Level 6. Challenging Sanctions at the EU Level 7. Challenging Sanctions at the UK Level 8. Challenging Sanctions at the ECHR Level 9. Challenging Sanctions in the US PART III SANCTIONS AND BUSINESS 10. Sanctions and Contracts 11. Private Sector Implementation of Sanctions

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Book SynopsisThe principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.Table of ContentsThe State of the Art and Shifting Meaning of Legal Certainty Mark Fenwick, Mathias Siems and Stefan Wrbka Part I: Theoretical Perspectives (‘Certainty of Law’) 1. Legal Certainty and the European Courts: Accessibility and Legitimate Expectations as Standards of Reasonableness Patricia Popelier 2. Legal Certainty in the Context of Multilingualism Elina Paunio 3. Legal Certainty in the New Corporate Criminal Law Mark Fenwick 4. Economic Analysis of Law and Wilburg’s Flexible System: A Systematic Approach to European Tort Law Monika Hinteregger Part II: Comparative Perspectives 5. Comparative Legal Certainty: Legal Families and Forms of Measurement Mathias Siems 6. The Faces and Implications of Legal Certainty in Contemporary Private Law—A Comparative Law Perspective Stefan Wrbka 7. Legal Certainty: A Common Law View and a Critique John Linarelli 8. Measuring Legal Certainty? Critical Feedback about the Development of an Index of Legal Certainty Jonas Knetsch Part III: Transnational Perspectives 9. Clashing Legal Certainties: The Danish Supreme Court’s Ruling in AJOS and the Collision between Domestic Rules and EU Principles Mikael Rask Madsen and Henrik Palmer Olsen 10. Towards Appropriate Legal Certainty for Consumers Seeking Justice in a Globalised World Geraint Howells and Mateja Durovic 11. Legal Certainty and Abuse of Loopholes in the Context of Transnational EU Company Law Lisa Jost, Gabriel M Lentner, Thomas Ratka and Stefan Wrbka Part IV: Applied Perspectives (‘Certainty through Law’) 12. Legal Ambiguity in Corporate Governance Charlotte Villiers 13. The Right of Withdrawal in Consumer Contracts: From the Perspective of Legal Certainty Yo Terakawa 14. Advertising Regulation in Japan: Legal Certainty and its Relation to Consumer Law Kunihiro Nakata

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Book SynopsisThere is a great degree of controversy on the proper complexion and role of general principles of law in the international legal order. Opinions range from total rejection of some types of principles to the most enthusiastic endorsement of principles as the necessary oil for the many complex wheels of the legal order. In this book one of the leading public lawyers of his generation explores the concept of good faith and its role in international law. Rather than offer a detailed, comprehensive examination, Kolb aims to map the true points of gravity of the principle of good faith in the international legal order. In so doing, he illustrates how the various legal institutions who operate in the sphere of public international law allow the principle of good faith to unfold.Table of ContentsPart I: The Definition and Scope of Good Faith in Public International Law 1. The Role of Principles in the Body of Public International Law 2. The Three Meanings of Good Faith in Public International Law 3. The Degree of Normativity of the Principle of Good Faith 4. The Delimitation of Good Faith with Respect to Other Principles of International Law Part II: Good Faith in the Various Subject Areas of Public International Law 5. Good Faith and the Sources 6. Good Faith and the Jurisdiction of States 7. Good Faith in the Law of International Organisations 8. Good Faith in the Law of International Responsibility 9. Good Faith in the Law on the Peaceful Settlement of International Disputes 10. Good Faith in the International Law of Investments: Legitimate Expectations and Prohibition of Abuse of Procedure under ‘Fair and Equitable Treatment’ 11. Good Faith in the Law of Armed Conflicts: The Prohibition of Perfidy 12. Conclusion

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Book SynopsisGiven the centrality of Hague Law to the lawful prosecution of warfare, the relative paucity of dedicated works is surprising. The general formulation of Hague Law rules is largely uncontroversial, but this clarity stands in stark contrast to their interpretation and practical application. How precisely, for instance, the fundamental rules of distinction and proportionality in attack are to dictate and constrain the planning and practice of warfare continues to be highly uncertain. This important new publication fills the gap in the literature. Offering a comprehensive assessment of Hague Law, it explores questions of definitions and accountability and navigates the substantive rules and their application to different types of warfare.Table of Contents1. An Overview of the Normative Framework of Jus in Bello 2. Defining an Armed Conflict 3. Identifying Situations of Hostilities 4. Th e Rule of Distinction in Attack: Objects 5. Th e Rule of Distinction in Attack: Persons 6. Th e Rule of Proportionality in Attack 7. Th e Rule of Precautions in Attack 8. Th e Superfluous Injury Rule 9. Warfare on Land 10. Aerial Warfare 11. Naval Warfare 12. Armed Conflict in Space 13. Cyberwarfare 14. Terrorism and the Law of Armed Conflict 15. Promoting Respect for Hague Law

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Book SynopsisThe global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated.Trade ReviewThe book is well written, dense with ideas and filled with detail … it will repay reading many times over. -- David Kirkpatrick, Chief Environment Court Judge * Resource Management Journal *This book is an excellent and stimulating way to prompt thinking about a big subject that will be very much a live issue in the coming years. -- Colin T Reid, University of Dundee * Scottish Planning and Environmental Law *Warnock’s work makes an important and convincing contribution to our understanding of environmental adjudication. It significantly advances the scholarship and adds an enormous amount to the richness of our thinking about environmental courts. -- Emma Lees * Journal Of Environmental Law *Table of Contents1. Introduction I. The Rise in Specialist Environmental Adjudication II. An Interactional Theory for Environmental Adjudication III. The Method of Developing a Theory for Environmental Adjudication IV. Certain Caveats 2. Specialist Environment Courts: Mapping the Landscape I. Specialist Environment Courts: A Typology II. Specialist Environment Courts as Dynamic Adjudicatory Forms III. Introducing the Case Studies: The Environment Court of New Zealand and the Land and Environment Court of New South Wales IV. Underlying Tensions 3. The Struggle to Make Legal Sense of Specialist Environment Courts I. Normative Legitimacy and Analytical Frames II. The ‘Administrative Justice-Adjudicative Pluralism’ Frame III. The ‘Generic Instrumentalism’ Frame IV. The ‘Separation of Powers’ Frame V. Developing a Frame that We Can Agree On? 4. Developing the Theory: Adjudicative Integrity I. The Malleability of Adjudication II. Normative Justifiability and Adjudicative Integrity 5. Developing the Theory: Contextual Foundations I. The Inherent Features of Environmental Problems II. Interaction and Change III. Uncertainty IV. Drawing the Threads Together 6. The Interactional Theory in Practice I. Acknowledging the Challenges in Environmental Adjudication II. Responding to Uncertainty III. Responding to the Collective Action Nature of Environmental Problems IV. Testing the Theory 7. Conclusion I. Findings II. Developing the Theory III. Filling in the Frame IV. Employing the Theory V. Future Directions VI. Conclusion

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Book SynopsisDespite 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.Table of ContentsIntroduction: The Interface between EU and International Law Inge Govaere and Sacha Garben PART I A HORIZONTAL, HOLISTIC APPROACH 1. Interconnecting Legal Systems and the Autonomous EU Legal Order: A Balloon Dynamic Inge Govaere 2. The Axiological Emancipation of a (Non-)Principle: Autonomy, International Law and the EU Legal Order Violeta Moreno-Lax 3. Studying International and European Law: Confronting Perspectives and Combining Interests Ramses A Wessel PART II THE INTERACTION BETWEEN EU AND INTERNATIONAL LAW IN SELECTED AREAS 4. Integrated Rights Protection in the European and International Context: Some Reflections about Limits and Consequences Christina Eckes 5. A Balloon Dynamic in the Area of Social Rights Sacha Garben 6. The Interplay of International and EU Environmental Law Nicola Notaro and Mario Pagano 7. Implementing International Norms through EU Procedure? The Case of Business and Human Rights Pierre Thielbörger PART III THE EU AND ‘THIRD’ COUNTRIES 8. On the Cusp: Brexit and Public International Law Kieran Bradley 9. EU Enlargement, Extra-Territorial Application of EU Law and the International Dimension Christophe Hillion and Vincent Delhomme 10. Law and Practice of the EU’s Trade Agreements with ‘Disputed’ Territories: A Consistent Approach? Guillaume Van der Loo 11. We’ll Always have Geneva: The Existential Crisis of the US-led Multilateral Trading System and the EU Reactions Michael Hahn PART IV A VIEW FROM PRACTICE: COMMENTS ON CURRENT DEVELOPMENTS IN THE INTERFACE BETWEEN EU AND INTERNATIONAL LAW 12. The Interaction between Public International Law and EU Law: The Role Played by the Court of Justice Ricardo da Silva Passos 13. The Rosneft Case as a Good Example of Smooth Interaction between EU Law and International Law in the Most Recent Post-Lisbon Jurisprudence of the Court of Justice Jenö Czuczai 14. An Incoherent Approach Towards Aarhus and CETA: The Commission and External Oversight Mechanisms Laurens Ankersmit

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Book SynopsisThe emergence of feminist rewriting of key judgments has been one of the most interesting recent developments in legal methodology. This unique enterprise has seen scholars collaborate in the ‘real world’ task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This collection asks whether feminist perspectives can offer meaningful and viable alternatives to international law norms; and if so, whether that application results in distinguishable differences in outcomes. It answers these questions with particular reference to sources of international law, the public and private divide, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law. Winner of the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship.Trade ReviewThis book is recommended for the collections of academic and judicial libraries and the personal collections of judges, lawyers, students, and legal scholars interested in activism, judicial interpretation, and the pursuit of gender and substantive equality in both national and international courts. -- Dominique Garingan * Canadian Law Library Review *Table of ContentsPART I INTRODUCTION 1. Feminist Judgments in International Law: An Introduction Loveday Hodson and Troy Lavers PART II GENERAL INTERNATIONAL LAW Permanent Court of International Justice 2. Bozkurt Case, aka the Lotus Case (France v Turkey): Ships that Go Bump in the Night Christine Chinkin, Gina Heathcote, Emily Jones and Henry Jones International Court of Justice 3. Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide Kasey McCall-Smith, Rhona Smith and Ekaterina Yahyaoui Krivenko 4. The Lockerbie Case (Libyan Arab Jamahiriya v United States of America) Kathryn Greenman and Troy Lavers 5. Germany v Italy Zoi Aliozi, Bérénice K. Schramm and Ekaterina Yahyaoui Krivenko Court of Justice of the European Union 6. Gómez-Limón Sánchez-Camacho v Instituto Nacional de la Seguridad Social (INSS) and others Marta Carneiro, Kirsten Ketscher and Freya Semanda PART III HUMAN RIGHTS European Court of Human Rights 7. Christine Goodwin v the United Kingdom Sara Bengtson, Damian Gonzalez-Salzberg, Loveday Hodson and Paul Johnson 8. Leyla Sahin v Turkey Amel Alghrani, Amal Ali and Jill Marshall 9. Burden v the United Kingdom Nicola Barker 10. Opuz v Turkey Shazia Choudhry and Jonathan Herring 11. A, B and C v Ireland Helen Fenwick, Wendy Guns and Ben Warwick 12. Ruusunen v Finland Merris Amos, Maribel Canto-Lopez and Nani Jansen Reventlow Committee on the Elimination of Discrimination against Women 13. Cecilia Kell v Canada Lolita Buckner Inniss, Jessie Hohmann and Enzamaria Tramontana PART IV INTERNATIONAL CRIMINAL LAW Special Court for Sierra Leone 14. AFRC Trial Judgment (Prosecutor v Brima, Kamara and Kanu) Olga Jurasz, Sheri Labenski, Solange Mouthaan and Dawn Sedman International Criminal Court 15. The Prosecutor v Thomas Lubanga Dyilo Yassin M Brunger, Emma Irving and Diana Sankey International Criminal Tribunal for the Former Yugoslavia 16. Prosecutor v Radovan Karadžic Celestine Greenwood PART V CONCLUSION 17. Prefiguring Feminist Judgment in International Law Hilary Charlesworth

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Book SynopsisAllan Rosas is one of the leading European Union jurists of his generation. His impact on the legal landscape of the EU has been immense. This collection brings together colleagues from the worlds of the judiciary, academia and practice to grapple with one of the key questions underpinning his contribution: is the trajectory of EU law one of ever-changing union? With essays exploring a range of topics from national identity and European construction to Brexit, this collection is a fitting tribute to an unrivalled EU law career.Trade ReviewThe reader is … provided with a mosaic of articles delving into subjects that are both very topical for contemporary EU lawyers, and addressed by very high level legal practitioners. The book will be of great interest to teachers and researchers alike. -- Elise Muir * EU Law Live *Table of ContentsPART I THE CHANGING UNION 1. The Court of Justice of the European Union and the Refugee Crisis Koen Lenaerts 2. How Trustworthy is Mutual Trust? Opinion 2/13 Revisited Christiaan Timmermans 3. National Identity and European Construction José Narciso da Cunha Rodrigues 4. Nationality and Citizenship: Integration and Rights-Based Perspectives Síofra O’Leary 5. EU Law and Sovereign Debt Relief Miguel Poiares Maduro 6. Economic Governance in a Changing Union: Fiscal Rules and Market Discipline in the Euro Area Olli Rehn PART II THE EU’S JUDICIAL ACTORS: EVOLVING ROLES 7. Judging at the Court of Justice of the European Union: Is there a Need for Dissenting Opinions? Vassilios Skouris 8. The Future of the General Court Within the Court of Justice of the European Union Heikki Kanninen 9. Judicial Dialogue between National Supreme Administrative Courts and the Court of Justice of the European Union Niilo Jääskinen 10. Acts of Rebellion, or the Enemy Within? A Consideration of the Combative Ruling of the Supreme Court of Denmark and the Imperative of Genuine Judicial Dialogue Lorna Armati 11. The Principle of Mutual Trust in the Area of Freedom, Security and Justice: Some Reflections on its Corollaries Clemens Ladenburger 12. Allan’s Legal Battles before the Court, Acting as the Commission’s Agent Jean-Louis Dewost PART III RIGHTS OF THE INDIVIDUAL IN TIMES OF CHANGE 13. Balancing Security Reasons and the Adversarial Principle: The New Article 105 of the Rules of Procedure of the General Court Marc Jaeger 14. The EU Citizens’ Right to have Rights and the Courts’ Duty to Protect it Marek Safjan and Dominik Düsterhaus 15. From Daily Mail to Polbud: An ‘Ever-Changing’ Case Law on Cross-Border Mobility of Companies? Küllike Jürimäe 16. Free Movement of Goods in a Changing Union: The Evolving Relationship Between Fundamental Rights, Grounds of Justification and Mandatory Requirements Heidi Kaila 17. Religion in the Workplace: When is Enforcing a Religious Ethos Acceptable? and When is Neutrality Discrimination? Eleanor Sharpston 18. The Impact of Austerity on the Protection of Human Rights Philip Alston PART IV EU EXTERNAL RELATIONS AND NEW HORIZONS 19. The European Union’s Accession to the Istanbul Convention Sacha Prechal 20. The Exercise of Non-Exclusive Competence of the EU and the Conclusion of International Agreements Joni Heliskoski 21. Extradition and EU Law: An Unexpected ‘Pas de Deux’ Jean-Claude Bonichot 22. Expulsion of a Member State from the European Union: Ultimate Remedy? Pekka Pohjankoski 23. The Lessons of Brexit David Edward 24. From Rome to Lisbon and from Lisbon to Brexit Aindrias Ó Caoimh

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Book SynopsisBy bringing together fundamental rights, economic law, and recent legislation in the areas of digital platforms, data, and AI, this open access book gives a comprehensive picture of the state of play in technology regulation in the EU.Risks of regulatory fragmentation are on the rise with ever more legislative instruments becoming applicable to the technology sector. This book explores the prospects and challenges of ensuring legal consistency in a period of transition in which new legislation is being implemented and the interpretation of existing laws is being challenged by the use of data, AI, and platform technologies.The book analyses the legal consistency of technology regulation from three perspectives: (1) the relationship between the EU and the Council of Europe; (2) the relationship among EU regulatory frameworks; and (3) the relationship between EU and Member State law. By covering issues of fundamental rights protection, the free flow of data, consumer protection, competition, and innovation, the book gives a unique and extensive outlook into the state of the art in academic and policy discussions. Unravelling the relationship between legal fields, the book is an essential resource for academics, practitioners and students wishing to understand the increasingly complex landscape of technology regulation in Europe.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

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