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Uncertainty in International Law
Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through th...
The Pilot-Judgment Procedure of the European Court of Human Rights
Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.
The Burden of Proof in Comparative and International Human Rights Law
This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in i...
Redefining Sovereignty: the Use of Force After the End of the Cold War
With considerable insight and analysis, the editors and contributors to the book—the world’s leading ethicists, political scientists and international lawyers—investigate the use of force since the end of the Cold War and, simultaneously, what changes have or should occur with respect to sovereignty and the law in the 21st century. Redefining Sovereignty has resulted from three groundbreaking workshops on international law and the use of force: the first was held in Rome soon after NATO’s 1999 intervention in Kosovo; the second took place in Frankfurt after the U.S.-led invasion of Afghanistan; and the third occurred in Columbus, Ohio after the U.S.-led invasion of Iraq. Together, th...
International Investment Law and Legal Theory
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
Radical Ethnic Movements in Contemporary Europe
Nation states and minorities resort more and more to violence when safeguarding their political interests. Although the violence in the Middle East has been dominating world politics for some time now, European governments have had their share of ethnic violence to contend with as this volume demonstrates. And as the case studies show, ranging as they do from the Basque Country to Chechnya, from Northern Ireland to Bosnia-Herzegovina, this applies to western Europe as much as to eastern Europe. However, in contrast to other parts of the world, instances where political struggles for power and social inclusion between minorities and majorities lead to full-fledged inter-ethnic warfare are still the exception; in the majority of cases conflicts are successfully de-escalated and even resolved. In a comprehensive conclusion, the volume offers a theoretical framework for the development of strategies to deal with violent ethnic conflict.
Stajarski Gospodar
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