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How International Law Works in Times of Crisis

How International Law Works in Times of Crisis


How International Law Works in Times of Crisis

European Society of International Law

Edited by George Ulrich and Ineta Ziemele

ISBN: 9780198849667 (Hardcover)
Publicado: 24 December 2019
Páginas: 368

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.

Ulrich 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.


International Law and Crisis: Dialectical Relationship, George Ulrich and Ineta Ziemele
Reflections on Crises and International Law, James Crawford
I. Security themes
1. Authorizing Attacks in Response to Terrorist Attacks: a Dark Side of the Law of Armed Conflicts, Patrycja Grzebyk
2. The Challenge of ‘Foreign Fighters’ to the Liberal International Legal Order, Sandra Krahenmann
3. Multiple Actors in Framing EU External Policy: The Case of the EU Global Security Strategy, Ilze Ruse
4. Activating the Mutual Assistance Clause of the Treaty on the European Union and the Right of Self-defence, Carlos Espaliu Berdud
5. The Policy Effects of the Decisions of European Courts on Targeted Sanctions: Whither Human Rights and Due Process?, Kushtrim Istrefi
6. The Crisis of Privacy and Sacrifice of Personal Data in the Name of National Security: CJEU Rulings Strengthening EU Data Protection Standards, Irena Nesterova
II. Immunities themes
7. Recent Opposing Trends in the Conceptualisation of the Law of Immunities: Some Reflections, Stefano Dominelli
8. How to Limit Immunity of State Officials from Foreign Criminal Jurisdiction, Pavel Sturma
III. Sustainable development themes
9. The Future We Want: Sustainable Development as an Inherent Aim of Foreign Investment Protection, Ilze Dubava
10. The Paris Agreement and the Future of the Climate Regime: Reflections on an International Law Odyssey, Annalisa Savaresi
11. How International Law Works in Investment Law and Renewable Energy: Green Expectations in Grey Times, Fernando Dias Simoes
IV. Philosophical perspectives: probing key concepts and premises in international law
12. Playing Hide and Seek with ‘Vergangenheit, die nicht vergehen will’ (‘a Past that Will Not Pass’) in the History of International Law, Ignacio de la Rasilla
13. La democratie radicale dans les discours legaux contemporains au Rojava au coeur de la < crise > syrienne: Une analyse genree, Zeynep Kivilcim
V. Domestic engagement with international law
14. The Domestic Judiciary in the Architecture of the Strasbourg System of Human Rights, David Kosar and Jan Petrov
15. The Chilcot Report: International Law and Decision Making in Times of Crisis, Stephen Bouwhuis
VI. Epilogue
Reflections: how international law functions in times of crisis, Jean-Marc Sauve


George Ulrich is currently Professor of Human Rights at the Riga Graduate School of Law and Programme Director of the European Master’s Degree in Human Rights and Democratisation (EMA). He served as Rector at the Riga Graduate School of Law from 2009-2016 and as Secretary General of the European Inter-University Centre for Human Rights and Democratisation (EIUC) from 2003-2009. With a PhD in Philosophy from the University of Toronto, he has published extensively on topics related to the philosophy and practical implementation of human rights in an interdisciplinary perspective as well as on issues related to medical ethics, professional ethics, and the ethics of human rights.

Ineta Ziemele is Professor at the Riga Graduate School of Law. She has been Judge at the Constitutional Court of Latvia since January 8, 2015, and President of the Constitutional Court of Latvia since May 8, 2017. Professor Ziemele is a former Judge of the European Court of Human Rights (2005-2014) and President of the Court Chamber (2012-2014). She is Editor-in-Chief of the Yearbook of Baltic International Law and Corresponding Member of the Latvian Academy of Science. She was awarded a doctoral degree in law from Cambridge University in 1999.


Carlos Espaliú Berdud, Ph.D., Full Professor of Public International Law and EU Law Principal Investigator, Research Group on Security, Risks Management and Conflict (SEGERICO) Universidad Nebrija (Spain)

Marion Blondel, Postdoctoral researcher, Université Saint-Louis, Brussels

Stephen Bouwhuis, Assistant Secretary, Attorney General’s Department, Commonwealth of Australia

James Crawford, Judge of the International Court of Justice

Stefano Dominelli, Junior Researcher in International Law, University of Genoa

Ilze Dubava, Lawyer, State Chancellery of the Republic of Latvia

Patrycja Grzebyk, Associate Professor at the University of Warsaw, vice-director of the Network on Humanitarian Action at the University of Warsaw

Kushtrim Istrefi, Assistant Professor International Law and Human Rights at Utrecht University
Zeynep Kivilcim, Associate Professor, Einstein Fellow, Faculty of Humanities and Social Sciences, Humboldt-Universität zu Berlin
David Kosa%r, Director of the Judicial Studies Institute (JUSTIN) at the Law Faculty of Masaryk University, Brno

Sandra Krähenmann, Thematic Legal Adviser, Geneva Call

Irena Nesterova, Researcher at the Institute of Legal Science, Faculty of Law, University of Latvia

Jan Petrov, Researcher at the Judicial Studies Institute (JUSTIN) at the Law Faculty of Masaryk University

Ignacio de la Rasilla, ‘Han Depei Chair Professor of International Law and One Thousand Talents Plan Professor, Wuhan University Institute of International Law

Ilze Ruse, Associate Professor, Riga Graduate School of Law

Jean-Marc Sauvé, Vice-president of the French Conseil d’Etat

Annalisa Savaresi, Lecturer in Environmental Law, University of Stirling

Fernando Dias Simões, Associate Professor, Faculty of Law of the Chinese University of Hong Kong

Pavel Šturma, Professor of International Law, Charles University Faculty of Law (Prague), Member of the UN International Law Commission (Geneva)

Ozlem Ulgen, Senior Lecturer in Law, School of Law, Birmingham City University

George Ulrich, Professor of Human Rights at the Riga Graduate School of Law

Ineta Ziemele, Professor of International Law and Human Rights at the Riga Graduate School of Law

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