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Author: Christine Bakker
Publisher: Bloomsbury Publishing
ISBN: 1847319009
Category : Law
Languages : en
Pages : 431
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Book Description
The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.
Author: Andreas Føllesdal
Publisher: BRILL
ISBN: 9004164383
Category : Law
Languages : en
Pages : 449
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Book Description
Rules are no longer merely made by states, but increasingly by international organizations and other international bodies. At the same time these rules do impact the daily life of citizens and companies as it has become increasingly difficult to draw dividing lines between international, EU and domestic law. This book introduces the notion of a ~multilevel regulationa (TM) as a way to study these normative processes and the interplay between different legal orders. It indicates that many rules in such areas as trade, financial cooperation, food safety, pharmaceuticals, security, terrorism, civil aviation, environmental protection or the internet find their origin in international cooperation. Apart from mapping multilevel regulation on the basis of a number of case studies, the book analyses its consequences in relation to forms of legal protection and legitimacy. In that respect it proposes an agenda for research to study how to cope with multilevel regulation. This work offers valuable resources for researchers involved in studying the interplay between international, European and domestic law. For practitioners it offers background information on the ways in which many international rules come into being.
Author: Christine Bakker
Publisher: Bloomsbury Publishing
ISBN: 1847319009
Category : Law
Languages : en
Pages : 431
Get Book Here
Book Description
The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.
Author: Nupur Chowdhury
Publisher: Springer
ISBN: 9783319353210
Category : Law
Languages : en
Pages : 0
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Book Description
One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation. In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products – specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.
Author: Blanca Garcés-Mascareñas
Publisher: Springer
ISBN: 3319216740
Category : Social Science
Languages : en
Pages : 209
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Book Description
In this open access book, experts on integration processes, integration policies, transnationalism, and the migration and development framework provide an academic assessment of the 2011 European Agenda for the Integration of Third-Country Nationals, which calls for integration policies in the EU to involve not only immigrants and their society of settlement, but also actors in their country of origin. Moreover, a heuristic model is developed for the non-normative, analytical study of integration processes and policies based on conceptual, demographic, and historical accounts. The volume addresses three interconnected issues: What does research have to say on (the study of) integration processes in general and on the relevance of actors in origin countries in particular? What is the state of the art of the study of integration policies in Europe and the use of the concept of integration in policy formulation and practice? Does the proposal to include actors in origin countries as important players in integration policies find legitimation in empirical research? A few general conclusions are drawn. First, integration policies have developed at many levels of government: nationally, locally, regionally, and at the supra-national level of the EU. Second, a multitude of stakeholders has become involved in integration as policy designers and implementers. Finally, a logic of policymaking—and not an evidence-based scientific argument—can be said to underlie the European Commission’s redefinition of integration as a three-way process. This book will appeal to academics and policymakers at international, European, national, regional, and local levels. It will also be of interest to graduate and master-level students of political science, sociology, social anthropology, international relations, criminology, geography, and history.
Author: Nehal Bhuta
Publisher: Cambridge University Press
ISBN: 1107153565
Category : History
Languages : en
Pages : 421
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Book Description
This examination of the implications and regulation of autonomous weapons systems combines contributions from law, robotics and philosophy.
Author: Eva Thomann
Publisher: Routledge
ISBN: 1351118609
Category : Political Science
Languages : en
Pages : 242
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Book Description
Multi-level governance systems like the European Union (EU) calibrate integration with member state discretion in order to implement common, yet context-sensitive solutions to shared policy problems. Research on implementation in the EU typically focuses on legal compliance with EU policy. However, this focus gives us an incomplete picture of EU implementation, its diversity and practice. The contributions of this collection represent a shift toward a more performance-oriented perspective on EU implementation as problem-solving. They approach implementation fundamentally as a process of interpretation of superordinate law by actors who are embedded within multiple contexts arising from the coexistence of dynamics of Europeanization, on the one hand, and what has been termed ‘domestication’, on the other. Moving beyond legal compliance, the contributions provide new evidence on the diversity of domestic responses to EU policy, the roles and motivations of actors implementing EU policy, and the ‘black box’ of EU law in action and its enforcement. By reassessing the relative importance of EU policy and domestic factors and actors for the outcomes of EU implementation, the results give insight into on the nuanced interplay between Europeanization and domestication forces, useful for both EU researchers and practitioners. The chapters originally published as a special issue in the Journal of European Public Policy.
Author: Richard Münch
Publisher: Routledge
ISBN: 1136962670
Category : Political Science
Languages : en
Pages : 422
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Book Description
This book contributes to the literature on the change of governance in the context of its European multilevel organization. The integration of Europe is a process of fundamental social change: a process of constructing a European society and of deconstructing the national societies. Münch demonstrates that there is a movement away from republican and representative features of a democracy and towards liberal and pluralistic features. The book illustrates this change in the nature of European political regulation, European jurisdiction and the intellectual debates in France, Germany and Britain on legitimising the emerging system of multilevel governance. He discusses how far the new European regime of liberal governmentality converges with the US-American type of constitutional liberalism. Following a sociological approach, the book focuses on identifying the causes, features and consequences of the fundamental social change taking place in the process of European integration. This book will be of interest to scholars and graduate students from political science, sociology, law and philosophy interested in political theory, comparative politics, international relations and political communication as well as practitioners of policy-making in governments, administration, parties, associations and the media.
Author: Nico Giersig
Publisher: Springer Science & Business Media
ISBN: 3531909991
Category : Social Science
Languages : en
Pages : 234
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Book Description
Nico Giersig exemplifies the specificities of Nordic cities within Europe as a whole by means of a systematic comparison of governance arrangements and their dynamics in two Nordic capital regions.
Author: Peter Scholten
Publisher: Springer
ISBN: 3319779915
Category : Social Science
Languages : en
Pages : 270
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Book Description
This open access book offers a critical perspective on intra-European mobility and migration by using new empirical data and theoretical discussions. It develops a theoretical and empirical analysis of the consequences of intra-European movement for sending and receiving urban regions in The Netherlands, Sweden, Austria, Turkey, Poland and Czech Republic. The book conceptualizes Central and Eastern European (CEE) migration by distinguishing between different types of CEE migrants and consequences. This involves a mapping of migration corridors within Europe, a unique empirical analysis of consequences for urban regions, and an analysis of governance responses. Next to the European and country perspectives on this phenomenon, the book focuses on the local perspective of urban regions where most mobile citizens settle (either permanently or temporarily). This way the book puts the analysis of intra-European movement in the perspective of broader theoretical debates in migration studies and beyond.
Author: Ben Tonra
Publisher: Manchester University Press
ISBN: 9780719060021
Category : Political Science
Languages : en
Pages : 192
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Book Description
This text reviews a variety of approaches to the study of the European Union's foreign policy. Much analysis of EU foreign policy contains implicit theoretical assumptions about the nature of the EU and its member states, their inter-relationships, the international system in which they operate and the nature and direction of European integration. In many instances such assumptions, given that they are not discussed openly, curtail rather than facilitate debate. The purpose of this book is to open up this field of enquiry so that students, observers and analysts of EU foreign policy can review a broad range of tools and theoretical templates from which the development and the trajectory of the EU's foreign policy can be studied.
