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Comparative Reasoning in European Supreme Courts
by Michal BobekThe last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.
Reality and Morality
by Billy DunawayReality and Morality develops and defends a framework for moral realism. It defends the idea that moral properties are metaphysically elite, or privileged parts of reality, and argues that realists can hold that this makes them highly eligible as the referents for our moral terms (an application of a thesis sometimes called reference magnetism). Billy Dunaway elaborates on these theses by introducing some natural claims about how we can know about morality, by having beliefs that are free from a kind of risk of error. This package of theses in metaphysics, meta-semantics, and epistemology is motivated with a view to explaining possible moral disagreements. Many writers have emphasized the scope of moral disagreement, and have given compelling examples of possible users of moral language who appear to be genuinely disagreeing, rather than talking past one another, with their use of moral language. What has gone unnoticed is that there are limits to these possible disagreements, and not all possible users of moral language are naturally interpreted as capable of genuine disagreement. The realist view developed in Reality and Morality can explain both the extent of, and the limits to, moral disagreement, and thereby has explanatory power that counts significantly in its favour.
Reality and Morality
by Billy DunawayReality and Morality develops and defends a framework for moral realism. It defends the idea that moral properties are metaphysically elite, or privileged parts of reality, and argues that realists can hold that this makes them highly eligible as the referents for our moral terms (an application of a thesis sometimes called reference magnetism). Billy Dunaway elaborates on these theses by introducing some natural claims about how we can know about morality, by having beliefs that are free from a kind of risk of error. This package of theses in metaphysics, meta-semantics, and epistemology is motivated with a view to explaining possible moral disagreements. Many writers have emphasized the scope of moral disagreement, and have given compelling examples of possible users of moral language who appear to be genuinely disagreeing, rather than talking past one another, with their use of moral language. What has gone unnoticed is that there are limits to these possible disagreements, and not all possible users of moral language are naturally interpreted as capable of genuine disagreement. The realist view developed in Reality and Morality can explain both the extent of, and the limits to, moral disagreement, and thereby has explanatory power that counts significantly in its favour.
Dear Prudence: The Nature and Normativity of Prudential Discourse
by Guy FletcherPhilosophers have long theorized about what makes people's lives go well, and why, and the extent to which morality and self-interest can be reconciled. However, we have spent little time on meta-prudential questions, questions about prudential discourse—thought and talk about what is good and bad for us; what contributes to well-being; and what we have prudential reason, or prudentially ought, to do. This situation is surprising given that prudence is, prima facie, a normative form of discourse and cries out for further investigation of what it is like and whether it has problematic commitments. It also marks a stark contrast from moral discourse, about which there has been extensive theorizing, in meta-ethics. Dear Prudence: The Nature and Normativity of Prudential Discourse has three broad aims. Firstly, Guy Fletcher explores the nature of prudential discourse. Secondly, he argues that prudential discourse is normative and authoritative, like moral discourse. Thirdly, Fletcher aims to show that prudential discourse is worthy of further, explicit, attention both due to its intrinsic interest but also for the light it sheds on the meta-normative more broadly.
Dear Prudence: The Nature and Normativity of Prudential Discourse
by Guy FletcherPhilosophers have long theorized about what makes people's lives go well, and why, and the extent to which morality and self-interest can be reconciled. However, we have spent little time on meta-prudential questions, questions about prudential discourse—thought and talk about what is good and bad for us; what contributes to well-being; and what we have prudential reason, or prudentially ought, to do. This situation is surprising given that prudence is, prima facie, a normative form of discourse and cries out for further investigation of what it is like and whether it has problematic commitments. It also marks a stark contrast from moral discourse, about which there has been extensive theorizing, in meta-ethics. Dear Prudence: The Nature and Normativity of Prudential Discourse has three broad aims. Firstly, Guy Fletcher explores the nature of prudential discourse. Secondly, he argues that prudential discourse is normative and authoritative, like moral discourse. Thirdly, Fletcher aims to show that prudential discourse is worthy of further, explicit, attention both due to its intrinsic interest but also for the light it sheds on the meta-normative more broadly.
Implied Licences in Copyright Law
by Poorna MysoorA person can lawfully engage in an act restricted by copyright if they have the licence of the copyright owner or if their actions are covered by a statutory exception. However, if a person has the benefit of neither of these, it may still be possible to imply a copyright licence to respond to copyright infringement. In contrast to the rigidity of the statutory exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of the copyright owners and content users, especially in today's dynamic technological environment. However, implication as a process is contentious, and there are no established principles for implying copyright licences. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. Therefore, this book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law in the light of these frameworks to demonstrate how the court's reasoning can be made methodical and transparent. Underscoring the contemporary relevance of implied licences, this book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet - browsing, hyperlinking, and indexing.
Implied Licences in Copyright Law
by Poorna MysoorA person can lawfully engage in an act restricted by copyright if they have the licence of the copyright owner or if their actions are covered by a statutory exception. However, if a person has the benefit of neither of these, it may still be possible to imply a copyright licence to respond to copyright infringement. In contrast to the rigidity of the statutory exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of the copyright owners and content users, especially in today's dynamic technological environment. However, implication as a process is contentious, and there are no established principles for implying copyright licences. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. Therefore, this book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law in the light of these frameworks to demonstrate how the court's reasoning can be made methodical and transparent. Underscoring the contemporary relevance of implied licences, this book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet - browsing, hyperlinking, and indexing.
The Law of Higher Education
by Dennis Farrington David Palfreyman OBEWritten by two leading higher education practitioners, this comprehensive and practical guide to the law of higher education in the UK provides extensive analysis of the complex legal framework in which universities work and the remedies which may be sought in the event of disputes. The Law of Higher Education has been fully updated to take account of the many legislative changes which have come into force since the publication of the second edition in 2012. New sector legislation in place in England, Scotland and Wales, with fundamental changes in the way higher education is regulated and changes in the general law (e.g. data protection, prevention of terrorism, consumer protection) and how they affect the operation of institutions are all dealt with in detail, with reference to and analysis of the relevant case law throughout. Additionally attention is given to new responsibilities faced by institutions under the General Data Protection Regulation. Although focussing on UK laws, material on the international context is examined, which remains particularly important as institutions are increasingly involved in international exchanges and collaborations, as well as being subject to the increasing globalisation of higher education.
The Law of Higher Education
by Dennis Farrington David Palfreyman OBEWritten by two leading higher education practitioners, this comprehensive and practical guide to the law of higher education in the UK provides extensive analysis of the complex legal framework in which universities work and the remedies which may be sought in the event of disputes. The Law of Higher Education has been fully updated to take account of the many legislative changes which have come into force since the publication of the second edition in 2012. New sector legislation in place in England, Scotland and Wales, with fundamental changes in the way higher education is regulated and changes in the general law (e.g. data protection, prevention of terrorism, consumer protection) and how they affect the operation of institutions are all dealt with in detail, with reference to and analysis of the relevant case law throughout. Additionally attention is given to new responsibilities faced by institutions under the General Data Protection Regulation. Although focussing on UK laws, material on the international context is examined, which remains particularly important as institutions are increasingly involved in international exchanges and collaborations, as well as being subject to the increasing globalisation of higher education.
Autonomy, Rationality, and Contemporary Bioethics (Oxford Philosophical Monographs)
by Jonathan PughThis is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Personal autonomy is often lauded as a key value in contemporary Western bioethics. Though the claim that there is an important relationship between autonomy and rationality is often treated as uncontroversial in this sphere, there is also considerable disagreement about how we should cash out the relationship. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether the reasons underpinning the choice are known and rational, or indeed whether they even exist. Jonathan Pugh brings recent philosophical work on the nature of rationality to bear on the question of how we should understand personal autonomy in contemporary bioethics. In doing so, he develops a new framework for thinking about the concept of autonomy, one that is grounded in an understanding of the different roles that rational beliefs and rational desires have to play in it. Pugh's account allows for a deeper understanding of d the relationship between our freedom to act and our capacity to decide autonomously. His rationalist perspective is contrasted with other prominent accounts of autonomy in bioethics, and the revisionary implications it has for practical questions in biomedicine are also outlined.
Autonomy, Rationality, and Contemporary Bioethics (Oxford Philosophical Monographs)
by Jonathan PughThis is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Personal autonomy is often lauded as a key value in contemporary Western bioethics. Though the claim that there is an important relationship between autonomy and rationality is often treated as uncontroversial in this sphere, there is also considerable disagreement about how we should cash out the relationship. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether the reasons underpinning the choice are known and rational, or indeed whether they even exist. Jonathan Pugh brings recent philosophical work on the nature of rationality to bear on the question of how we should understand personal autonomy in contemporary bioethics. In doing so, he develops a new framework for thinking about the concept of autonomy, one that is grounded in an understanding of the different roles that rational beliefs and rational desires have to play in it. Pugh's account allows for a deeper understanding of d the relationship between our freedom to act and our capacity to decide autonomously. His rationalist perspective is contrasted with other prominent accounts of autonomy in bioethics, and the revisionary implications it has for practical questions in biomedicine are also outlined.
Copyright in the Digital Single Market: Article-by-Article Commentary to the Provisions of Directive 2019/790
by Eleonora RosatiIn 2019, the EU legislature adopted Directive 2019/790 on copyright in the Digital Single Market. The Directive is supported by a multi-faceted rationale and represents one of the most significant and ambitious EU harmonization efforts in the copyright field so far. This book provides an article-by-article commentary to all the provisions of the Directive. It is the first complete commentary to Directive 2019/790. By analyzing the history, objectives, and content of each and every provision, as well as the relationship between some of those provisions and between the Directive and the pre-existing acquis, this book provides a rational, consistent and detailed explanation of the Directive as a whole and of its individual contents. This Commentary will be a travel companion to all those who wish or need to navigate the legislative provisions that were adopted in 2019 to make EU copyright fit for the "digital single market".
Copyright in the Digital Single Market: Article-by-Article Commentary to the Provisions of Directive 2019/790
by Eleonora RosatiIn 2019, the EU legislature adopted Directive 2019/790 on copyright in the Digital Single Market. The Directive is supported by a multi-faceted rationale and represents one of the most significant and ambitious EU harmonization efforts in the copyright field so far. This book provides an article-by-article commentary to all the provisions of the Directive. It is the first complete commentary to Directive 2019/790. By analyzing the history, objectives, and content of each and every provision, as well as the relationship between some of those provisions and between the Directive and the pre-existing acquis, this book provides a rational, consistent and detailed explanation of the Directive as a whole and of its individual contents. This Commentary will be a travel companion to all those who wish or need to navigate the legislative provisions that were adopted in 2019 to make EU copyright fit for the "digital single market".
Exceptions in International Law
Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.
Exceptions in International Law
by Lorand Bartels and Federica PaddeuMany international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.
The Paris Agreement on Climate Change: Analysis and Commentary
The most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change. Signed in December 2015, it entered into force on 4th November 2016. Countries are moving into implementation, and efforts at all levels will be needed to fulfill its ambitious goals. The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concepts such as common but differentiated responsibilities, and analyses the legal form of the Agreement and the nature of its provisions. Part II comprises individual chapters on each Article of the Agreement, with detailed commentary of the provisions which highlights central aspects from the negotiating history and the legal nature of the obligations. It describes the institutional arrangements and considerations for national implementation, providing practical advice and prospects for future development. Part III reflects on the Paris Agreement as a whole: its strengths and weaknesses, its potential for further development, and its relationship with other areas of public international law and governance. The book is an invaluable resource for academics and practitioners, policy makers, and actors in the private sector and civil society, as they negotiate the implementation of the Agreement in domestic law and policy.
The Paris Agreement on Climate Change: Analysis and Commentary
by Daniel Klein, María Pía Carazo, Meinhard Doelle, Jane Bulmer, and Andrew HighamThe most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change. Signed in December 2015, it entered into force on 4th November 2016. Countries are moving into implementation, and efforts at all levels will be needed to fulfill its ambitious goals. The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concepts such as common but differentiated responsibilities, and analyses the legal form of the Agreement and the nature of its provisions. Part II comprises individual chapters on each Article of the Agreement, with detailed commentary of the provisions which highlights central aspects from the negotiating history and the legal nature of the obligations. It describes the institutional arrangements and considerations for national implementation, providing practical advice and prospects for future development. Part III reflects on the Paris Agreement as a whole: its strengths and weaknesses, its potential for further development, and its relationship with other areas of public international law and governance. The book is an invaluable resource for academics and practitioners, policy makers, and actors in the private sector and civil society, as they negotiate the implementation of the Agreement in domestic law and policy.
International Law and the Protection of People at Sea
by Irini PapanicolopuluMedia interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.
International Law and the Protection of People at Sea
by Irini PapanicolopuluMedia interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.
Towards a European Public Law
by Bernard StirnA European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.
Towards a European Public Law
by Bernard StirnA European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.
The Laws of War in International Thought (The History and Theory of International Law)
by Pablo KalmanovitzThe Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage. The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws' distinctive vocabularies and legitimized some of their broadest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty. The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war. In this way, he contributes to recover a sense of the historical foundations and many still problematic aspects of the Law of Armed Conflict.
The Laws of War in International Thought (The History and Theory of International Law)
by Pablo KalmanovitzThe Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage. The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws' distinctive vocabularies and legitimized some of their broadest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty. The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war. In this way, he contributes to recover a sense of the historical foundations and many still problematic aspects of the Law of Armed Conflict.
From Valuing to Value: A Defense of Subjectivism
by David SobelSubjective accounts of well-being and reasons for action have a remarkable pedigree. The idea that normativity flows from what an agent cares about-that something is valuable because it is valued-has appealed to a wide range of great thinkers. But at the same time this idea has seemed to many of the best minds in ethics to be outrageous or worse, not least because it seems to threaten the status of morality. Mutual incomprehension looms over the discussion. From Valuing to Value, written by an influential former critic of subjectivism, owns up to the problematic features to which critics have pointed while arguing that such criticisms can be blunted and the overall view rendered defensible. In this collection of his essays David Sobel does not shrink from acknowledging the real tension between subjective views of reasons and morality, yet argues that such a tension does not undermine subjectivism. In this volume the fundamental commitments of subjectivism are clarified and revealed to be rather plausible and well-motivated, while the most influential criticisms of subjectivism are straightforwardly addressed and found wanting.
Principles of International Economic Law
by Matthias HerdegenPrinciples of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.