The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book ...

The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book ...

As world natural resources diminish and the necessity of protecting our environment becomes critical, the need for efficient marine management increases. However, marine boundaries are not easily defined and in disputed areas the prospect of sound management is difficult. The Barents Sea is a perfect example of this. Despite being rich in living resources, the area remains under developed and its eco-system is under growing threat. This inefficient management is largely due to two legal di...

The influence of international courts is ubiquitous, covering areas from the law of the sea to international criminal law. This judicialization of international law is often lauded for bringing effective global governance, upholding the rule of law, and protecting the right of individuals. Yet at what point does the omnipresence of the international judiciary shackle national sovereign freedom? And can the lack of political accountability be justified? Follesdal and Ulfstein bring together...

Global warming is the most severe environmental challenge faced by humanity today and the costs of responding effectively will be high. While Russia's ratification of the Kyoto Protocol ensures the treaty's entry into force, lack of capacity, or incentives to renege on their commitments, will impede mitigation efforts in many countries. An important prerequisite for the proper functioning of the Protocol is that its compliance system - which is spelled out by the Marrakesh Accords - proves...

The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to addres...

International courts and tribunals now operate globally and in several world regions, playing significant roles in international law and global governance. However, these courts vary significantly in terms of their practices, procedures, and the outcomes they produce. Why do some international courts perform better than others? Which factors affect the outcome of these courts and tribunals? The Performance of International Courts and Tribunals is an interdisciplinary study featuring approa...

The effective implementation of human rights treaty obligations in national law is subject to increasing attention. The main responsibility for the international monitoring of national implementation at the global level is entrusted to the UN human rights treaty bodies. These bodies are established by the respective human rights conventions and are composed of independent experts. This book examines three aspects of these bodies: the legal aspects of their structure, functions and decision...

It is notorious that international courts and tribunals have greatly contributed to the development of customary international law (CIL) by, for instance, articulating the constituent elements of custom and clarifying the conditions required for its modification. This volume demonstrates that they have also been actively engaged in the interpretation of CIL. In elucidating CIL interpretation before and by international courts and tribunals, the volume chooses three focal points: theory, me...

This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States.Part I, Sovereign Immunity from a Comparative Perspectiv...

At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-led military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates...

The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questio...