How International Law Works in Times of Crisis (European Society of International Law)

For Some Time, The Word 'crisis' Has Been Dominating International Political Discourse. But This Is Nothing New. Crisis Has Always Been Part Of The Discipline Of International Law. History Indeed Shows That International Law Has Developed Through Reacting To Previous Experiences Of Crisis, Reflecting An Agreement On What It Takes To Avoid Their Repetition. However, Human Society Evolves And Challenges Existing Rules, Structures, And Agreements. International Law Is Confronted With Questions As To The Suitability Of The Existing Legal Framework For New Stages Of Development. 0ulrich And Ziemele Here Bring Together An Expert Group Of Scholars To Address The Question Of How International Law Confronts Crises Today In Terms Of Legal Thought, Rule-making, And Rule-application. The Editors Have Characterized International Law And Crisis Discourse As One Of A Dialectical Nature, And Have Grouped The Articles Contained In The Volume Under Four Main Themes: Security, Immunities, Sustainable Development, And Philosophical Perspectives. Each Theme Pertains To An Area Of International Law Which At The Present Moment In Time Is Subject To Notable Challenges And Confrontations From Developments In Human Society. The Surprising General Conclusion Which Emerges Is That, By And Large, The International Legal System Contains Concepts, Principles, Rules, Mechanisms And Formats For Addressing The Various Developments That May Prima Facie Seem To Challenge These Very Same Elements Of The System. Their Use, However, Requires Informed Policy Decisions. Edited By George Ulrich And Ineta Ziemele. Includes Bibliographical References And Index. How_International_Law_Works_in_Times_of_Crisis_----_(Cover) 1 How_International_Law_Works_in_Times_of_Crisis_----_(How_International_Law_Works_in_Times_of Crisis) 3 How_International_Law_Works_in_Times_of_Crisis_----_(Copyright) 4 How_International_Law_Works_in_Times_of_Crisis_----_(Contents) 5 Table_of_Cases 9 Table_of_Legislation 20 List_of_Contributors 28 IntroductionInternational_Law_and_Crisis_Dialectical_Relationship 30 Reflections_on_Crises_and_International_Law 39 Authorizing_Attacks_in_Response_to_Terrorist_AttacksA_Dark_Side_of_the_Law_of_Armed_Conflicts 47 The_Challenge_of_Foreign_Fighters_to_the_Liberal_International_Legal_Order 66 Multiple_Actors_in_Framing_EU_External_PolicyThe_Case_of_the_EU_Global_Security_Strategy 85 Activating_the_Mutual_Assistance_Clause_of_the_Treaty_on_the_European_Union_and_the_Right_of_Selfdefence 97 The_Policy_Effects_of_the_Decisions_of_European_Courts_on_Targeted_SanctionsWhither_Human_Rights 119 The_Crisis_of_Privacy_and_Sacrifice_of_Personal_Data_in_the_Name_of_National_SecurityCJEU_Rulings_Strengthening_EU_Data_Protection_Standards 135 Recent_Opposing_Trends_in_the_Conceptualization_of_the_Law_of_ImmunitiesSome_Reflections 152 Recent_Opposing_Trends_in_the_Conceptualization_of_the_Law_of_ImmunitiesSome_Reflections (1) 169 How_to_Limit_Immunity_of_State_Officials_from_Foreign_Criminal_Jurisdiction 186 The_Future_We_WantSustainable_Development_as_an_Inherent_Aim_of_Foreign_Investment_Protection 211 The_Paris_Agreement_and_the_Future_of_the_Climate_RegimeReflections_on_an_International_Law_Odyssey 227 Investment_Law_and_Renewable_EnergyGreen_Expectations_in_Grey_Times 244 Playing_Hide_and_Seek_with_Vergangenheit_die_nicht_vergehen_will_a_Past_that_Will_Not_Pass_in_the_History_of_International_Law 259 La_Dmocratie_Radicale_dans_les_Discours_Lgaux_Contemporains_au_Rojava_au_Cur_de_la_Crise_SyrienneUne_Analyse_Genre 276 The_Domestic_Judiciary_in_the_Architecture_of_the_Strasbourg_System_of_Human_Rights 289 The_Chilcot_ReportInternational_Law_and_DecisionMaking_in_Times_of_Crisis 307 ReflectionsHow_International_Law_Functions_in_Times_of_Crisis 322 Index 349 Crises have always been part of international law discipline and some even say part of the identity of an international lawyer. History shows that international law has developed through reacting to previous experiences of crisis. International law reflects agreement on how to avoid known crisis from repeating. However, human society evolves and challenges existing rules, structures, and agrements. The evolution certainly confronts international law with questions as to the suitability of the existing for the new stages of development. Ulrich and Ziemele have brought together the selected speakers of the European Society of International Law annual conference which took place in Latvia and was organized by the Riga Graduate School of Law and the Society in 2016. The editors have characterized the international law and crisis discourse as dialectic and they have grouped the articles contained in the volume under four main themes—security, immunities, sustainable development, and philosophical perspectives—which show those areas of international law which are currently facing noticeable challenge and confrontation from various developments in society. The surprising general conclusion emerging in this collection is the confirmation that by and large international legal system contains concepts, principles, rules, mechanisms, and formats for addressing the various developments that may prima facia seem to challenge these very same elements of the system. Their use, however, involves informed policy decisions. In recent times, the word 'crisis' has dominated international political discourse. Ulrich and Ziemele bring together an expert group of scholars to interrogate how the international legal system responds to crises in human society, across the realms of security, immunities, sustainable development, and philosophy.