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General International Law in International Investment Law: A Commentary
by Andreas Kulick Michael WaibelGeneral international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.
Marriage, Separation, and Divorce in England, 1500-1700
by K. J. Kesselring Tim StrettonEngland is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.
Marriage, Separation, and Divorce in England, 1500-1700
by Tim Stretton K. J. KesselringEngland is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.
Being Good in a World of Need (Uehiro Series in Practical Ethics)
by Larry S. TemkinIn a world filled with both enormous wealth and pockets of great devastation, how should the well-off respond to the world's needy? This is the urgent central question of Being Good in a World of Need. Larry S. Temkin, one of the world's foremost ethicists, challenges common assumptions about philanthropy, his own prior beliefs, and the dominant philosophical positions of Peter Singer and Effective Altruism. Filled with keen analysis and insightful discussions of philosophy, current events, development economics, history, literature, and age-old wisdom, this book is a thorough and sobering exploration of the complicated ways that global aid may incentivize disastrous policies, reward corruption, and foster “brain drains” that hinder social and economic development. Using real-world examples and illuminating thought experiments, Temkin discusses ethical imperialism, humanitarian versus developmental aid, how charities ignore or coverup negative impacts, replicability and scaling-up problems, and the views of the renowned economists Angus Deaton and Jeffrey Sachs, all within the context of deeper philosophical issues of fairness, responsibility, and individual versus collective morality. At times both inspiring and profoundly disturbing, he presents the powerful argument that neglecting the needy is morally impermissible, even as he illustrates that the path towards helping others is often fraught with complex ethical and practical perils. Steeped in empathy, morality, pathos, and humanity, this is an engaging and eye-opening text for any reader who shares an intense concern for helping others in need.
Being Good in a World of Need (Uehiro Series in Practical Ethics)
by Larry S. TemkinIn a world filled with both enormous wealth and pockets of great devastation, how should the well-off respond to the world's needy? This is the urgent central question of Being Good in a World of Need. Larry S. Temkin, one of the world's foremost ethicists, challenges common assumptions about philanthropy, his own prior beliefs, and the dominant philosophical positions of Peter Singer and Effective Altruism. Filled with keen analysis and insightful discussions of philosophy, current events, development economics, history, literature, and age-old wisdom, this book is a thorough and sobering exploration of the complicated ways that global aid may incentivize disastrous policies, reward corruption, and foster “brain drains” that hinder social and economic development. Using real-world examples and illuminating thought experiments, Temkin discusses ethical imperialism, humanitarian versus developmental aid, how charities ignore or coverup negative impacts, replicability and scaling-up problems, and the views of the renowned economists Angus Deaton and Jeffrey Sachs, all within the context of deeper philosophical issues of fairness, responsibility, and individual versus collective morality. At times both inspiring and profoundly disturbing, he presents the powerful argument that neglecting the needy is morally impermissible, even as he illustrates that the path towards helping others is often fraught with complex ethical and practical perils. Steeped in empathy, morality, pathos, and humanity, this is an engaging and eye-opening text for any reader who shares an intense concern for helping others in need.
Growing into Language: Developmental Trajectories and Neural Underpinnings
by Liliana Tolchinsky Ruth A. BermanThis book explores how schoolchildren and adolescents employ language in different communicative settings. The authors demonstrate how language development is affected by the language and culture in which it evolves, and use brain studies to provide a deeper explanation of developmental changes in language behavior.
The Law of Trusts (Core Texts Series)
by J E PennerThe Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. The Law of Trusts provides a concise, yet academically rigorous, textbook that skilfully engages with both controversial and complex issues within the subject. James Penner offers perceptive analysis and original and thought-provoking commentary to give students an excellent grounding in what is considered to be a challenging subject. Drawing on a variety of learning features, including summaries of key issues discussed in each chapter, must-read cases, assessment questions, and carefully selected further reading, this approachable and thorough textbook equips students with the tools they need to engage critically with the subject. Digital formats and resources The twelfth edition is avilable for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include: bi-annual updates on the latest key developments in equity & trusts, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.
Papal Overlordship and European Princes, 1000-1270 (Oxford Studies in Medieval European History)
by Benedict WiedemannPapal Overlordship and European Princes, 1000-1270 offers a new perspective on the political history of the central Middle Ages by focusing on the alliances between popes and rulers who claimed a special relationship with the successor of St Peter. Rather than seeing these relationships as attempts by the popes to assert their lordship and monarchy over the entire world, as many past narratives have, this study asks what rulers got out of these relationships, what they meant, and how they were constructed. Papal government - in fact much pre-modern government in general - was based around replying to petitions. Thus, rulers and subjects, by entering into a relationship with the pope, were able to petition Rome and have their requests approved and given the sanction of papal authority. Papal power was enlisted in the causes of petitioners. All of these relationships - between the popes and the kings of England, Aragon, Sicily, Hungary, Portugal, and a myriad of further polities - have at one time or another been called 'feudal', a word that explains little or nothing about the nature and expectations of the alliance. The second strand of this study examines how these relationships were constructed and how words and concepts circulated. Eventually terms like 'fief' and 'vassal', and ideas about deposition of vassal-kings, were introduced into the political discourse around papal authority over 'their' kings. It always remained the case, however, that rulers sought out papal overlordship because of the opportunity it gave them to adopt and adapt papal power for their own purposes.
Papal Overlordship and European Princes, 1000-1270 (Oxford Studies in Medieval European History)
by Benedict WiedemannPapal Overlordship and European Princes, 1000-1270 offers a new perspective on the political history of the central Middle Ages by focusing on the alliances between popes and rulers who claimed a special relationship with the successor of St Peter. Rather than seeing these relationships as attempts by the popes to assert their lordship and monarchy over the entire world, as many past narratives have, this study asks what rulers got out of these relationships, what they meant, and how they were constructed. Papal government - in fact much pre-modern government in general - was based around replying to petitions. Thus, rulers and subjects, by entering into a relationship with the pope, were able to petition Rome and have their requests approved and given the sanction of papal authority. Papal power was enlisted in the causes of petitioners. All of these relationships - between the popes and the kings of England, Aragon, Sicily, Hungary, Portugal, and a myriad of further polities - have at one time or another been called 'feudal', a word that explains little or nothing about the nature and expectations of the alliance. The second strand of this study examines how these relationships were constructed and how words and concepts circulated. Eventually terms like 'fief' and 'vassal', and ideas about deposition of vassal-kings, were introduced into the political discourse around papal authority over 'their' kings. It always remained the case, however, that rulers sought out papal overlordship because of the opportunity it gave them to adopt and adapt papal power for their own purposes.
The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e (Oxford Commentaries on International Law)
by Andreas Zimmermann Terje Einarsen Franziska HerrmannThe Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.
The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e (Oxford Commentaries on International Law)
by Andreas Zimmermann Terje Einarsen Franziska M. HerrmannThe Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.
The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e (Oxford Commentaries on International Law)
by Andreas Zimmermann Terje Einarsen Franziska M. HerrmannThe Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.
Legitimation by Constitution: A Dialogue on Political Liberalism (Oxford Constitutional Theory)
by Frank Michelman Alessandro Ferrara"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.
Legitimation by Constitution: A Dialogue on Political Liberalism (Oxford Constitutional Theory)
by Alessandro Ferrara Frank Michelman"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.
Informers Up Close: Stories from Communist Prague
by Mark A. Drumbl Barbora Hol?Informers are generally reviled. After all, 'snitches get stitches.' Informers who report to repressive regimes are particularly disdained. While informers may themselves be victims enlisted by the state, their actions cause other individuals to suffer significant harm. Informers, then, are central to the proliferation of endemic human rights abuses. Yet, little is known about exactly why ordinary people end up informing on--at times betraying--other people to state authorities. Through a case-study of Communist Czechoslovakia (1945-1989) that draws from secret police archives, oral histories, and a broad gamut of secondary sources, this book unearths what fuels informers to speak to the secret police in repressive times and considers how transitional justice should approach informers once repression ends. This book unravels the complex drivers behind informing and the dynamics of societal reactions to informing. It explores the agency of both informers and secret police officers. By presenting informers up close, and the relationships between informers and secret police officers in high resolution, this book centres the role of emotions in informer motivations and underscores the value of dignity and reconciliation in transitional reconstruction. This book also leverages research from informing in repressive states to better understand informing in so-called liberal democratic states, which, after all, also rely on informers to maintain law and preserve order.
Informers Up Close: Stories from Communist Prague
by Mark A. Drumbl Barbora Hol?Informers are generally reviled. After all, 'snitches get stitches.' Informers who report to repressive regimes are particularly disdained. While informers may themselves be victims enlisted by the state, their actions cause other individuals to suffer significant harm. Informers, then, are central to the proliferation of endemic human rights abuses. Yet, little is known about exactly why ordinary people end up informing on--at times betraying--other people to state authorities. Through a case-study of Communist Czechoslovakia (1945-1989) that draws from secret police archives, oral histories, and a broad gamut of secondary sources, this book unearths what fuels informers to speak to the secret police in repressive times and considers how transitional justice should approach informers once repression ends. This book unravels the complex drivers behind informing and the dynamics of societal reactions to informing. It explores the agency of both informers and secret police officers. By presenting informers up close, and the relationships between informers and secret police officers in high resolution, this book centres the role of emotions in informer motivations and underscores the value of dignity and reconciliation in transitional reconstruction. This book also leverages research from informing in repressive states to better understand informing in so-called liberal democratic states, which, after all, also rely on informers to maintain law and preserve order.
Character Trouble: Undisciplined Essays on Moral Agency and Personality
by John M. DorisJohn M. Doris has been a leading proponent of interdisciplinary approaches to moral psychology since their rise to prominence in the 1990's. His work has helped foster a methodological reorientation in the field, and has had a transformative effect on the way philosophers approach questions of character, virtue, and agency. This volume collects a selection of Doris' work spanning 20 years, focusing on the ways in which human personality orders (and fails to order) moral cognition and behaviour. It also presents two new chapters, which together form an in-depth assessment of recent developments in the moral psychology of character, as well as a closing commentary outlining methodological recommendations for those aspiring to do empirically responsible moral psychology. Together, these works present a distinctive vision of moral psychology which will engage both philosophers and psychologists.
Safe Haven: The United Kingdom's Investigations into Nazi Collaborators and the Failure of Justice
by Jon Silverman Robert SherwoodThe controversial 1991 War Crimes Act gave new powers to courts to try non-British citizens resident in the UK for war crimes committed during WWII. But in spite of the extensive investigative and legal work that followed, and the expense of some £11 million, it led to just one conviction: that in 1999 of Anthony (Andrzej) Sawoniuk. Drawing on previously unavailable archival documents, transcripts of interviews with suspects, and disclosures by senior lawyers and policer offers in the War Crimes Units (WCUs), in parallel with the history of bungled investigations in the 1940s, Safe Haven considers for the first time why and how convictions failed to follow investigations. Within the broader context of war crimes investigations in the United States, Germany, and Australia, the authors reassess the legal and investigative processes and decisions that stymied inquiries, from the War Crimes Act itself to the restrictive criteria applied to it. Taken together, the authors argue that these — including the interpretations of who could and should be prosecuted and decisions about the nature and amount of evidence needed for trial — meant that many Nazi collaborators escaped justice and never appeared in a criminal court. The authors situate this history within the legacy of the Holocaust: how, if at all, do the belated attempts to address a failure of justice sit with an ever-growing awareness of the Holocaust, represented by memorialization and education? In so doing, Safe Haven provokes a timely reconsideration of the relationship between law, history, and truth.
Safe Haven: The United Kingdom's Investigations into Nazi Collaborators and the Failure of Justice
by Jon Silverman Robert SherwoodThe controversial 1991 War Crimes Act gave new powers to courts to try non-British citizens resident in the UK for war crimes committed during WWII. But in spite of the extensive investigative and legal work that followed, and the expense of some £11 million, it led to just one conviction: that in 1999 of Anthony (Andrzej) Sawoniuk. Drawing on previously unavailable archival documents, transcripts of interviews with suspects, and disclosures by senior lawyers and policer offers in the War Crimes Units (WCUs), in parallel with the history of bungled investigations in the 1940s, Safe Haven considers for the first time why and how convictions failed to follow investigations. Within the broader context of war crimes investigations in the United States, Germany, and Australia, the authors reassess the legal and investigative processes and decisions that stymied inquiries, from the War Crimes Act itself to the restrictive criteria applied to it. Taken together, the authors argue that these — including the interpretations of who could and should be prosecuted and decisions about the nature and amount of evidence needed for trial — meant that many Nazi collaborators escaped justice and never appeared in a criminal court. The authors situate this history within the legacy of the Holocaust: how, if at all, do the belated attempts to address a failure of justice sit with an ever-growing awareness of the Holocaust, represented by memorialization and education? In so doing, Safe Haven provokes a timely reconsideration of the relationship between law, history, and truth.
Wealth, Power, and Authoritarian Institutions: Comparing Dominant Parties and Parliaments in Tanzania and Uganda (Oxford Studies in African Politics and International Relations)
by Michaela CollordThrough an analysis of the recent political history of Tanzania and Uganda, Wealth, Power, and Authoritarian Institutions offers a novel explanation of why authoritarian parties and legislatures vary in strength, and why this variation matters. Michaela Collord elaborates a view of authoritarian political institutions as both reflecting and magnifying elite power dynamics. While there are many sources of elite power, the book centres on material power. It outlines how diverse trajectories of state-led capitalist development engender differing patterns of wealth accumulation and elite contestation across regimes. These differences, in turn, influence institutional landscapes. Where accumulation is more closely controlled by state and party leaders, as was true in Tanzania until economic liberalization in the 1980s, rival factions remain subdued. Ruling parties can then consolidate relatively strong institutional structures, and parliament remains marginal. Conversely, where a class of private wealth accumulators expands, as occurred in Tanzania after the 1980s and in Uganda after the National Resistance Movement took power in 1986, rival factions can more easily form, simultaneously eroding party institutions and encouraging greater legislative strength. Collord uses this analysis to reassess the significance of a stronger legislature. She considers its influence on distributive politics, both regressive and progressive. She also considers its relation to democratization, particularly in a context of broader liberalizing reforms. The book ultimately encourages a closer examination of how would-be democratic institutions interact with an underlying power distribution, shaping in whose interests they operate. Oxford Studies in African Politics and International Relations is a series for scholars and students working on African politics and International Relations and related disciplines. Volumes concentrate on contemporary developments in African political science, political economy, and International Relations, such as electoral politics, democratization, decentralization, gender and political representation, the political impact of natural resources, the dynamics and consequences of conflict, comparative political thought, and the nature of the continent's engagement with the East and West. Comparative and mixed methods work is particularly encouraged. Case studies are welcomed but should demonstrate the broader theoretical and empirical implications of the study and its wider relevance to contemporary debates. The focus of the series is on sub-Saharan Africa, although proposals that explain how the region engages with North Africa and other parts of the world are of interest. General Editors Nic Cheeseman, Peace Medie, and Ricardo Soares de Oliveira.
The Politics of Evaluation in International Organizations
by Vytautas Jankauskas Steffen EckhardEvaluation has become a key tool in assessing the performance of international organizations, in fostering learning, and in demonstrating accountability. Within the United Nations (UN) system, thousands of evaluators and consultants produce hundreds of evaluation reports worth millions of dollars every year. But does evaluation really deliver on its promise of objective evidence and functional use? By unravelling the internal machinery of evaluation systems in international organizations, this book challenges the conventional understanding of evaluation as a value-free activity. Vytautas Jankauskas and Steffen Eckhard show how a seemingly neutral technocratic tool can serve as an instrument for power in global governance; they demonstrate and explain how deeply politics are entrenched in the interests of evaluation stakeholders, in the control and design of IO evaluation systems, and to a lesser extent also in the content of evaluation reports. The analysis draws on 120 research interviews with evaluators, member state representatives, and IO secretariat officials as well as on textual analysis of over 200 evaluation reports. The investigation covers 21 UN system organizations, including detailed case studies of the ILO, IMF, UNDP, UN WOMEN, IOM, UNHCR, FAO, WHO, and UNESCO. Shedding light on the (in-)effectiveness of evidence-based policymaking, the authors propose possible ways of better reconciling the observed evaluation politics with the need to gather reliable evidence that is used to improve the functioning of the United Nations. The answer to evaluation politics is not to abandon evaluation or isolate it from the stakeholders but to acknowledge surrounding political interests and design evaluation systems accordingly.
The Politics of Evaluation in International Organizations
by Steffen Eckhard Vytautas JankauskasEvaluation has become a key tool in assessing the performance of international organizations, in fostering learning, and in demonstrating accountability. Within the United Nations (UN) system, thousands of evaluators and consultants produce hundreds of evaluation reports worth millions of dollars every year. But does evaluation really deliver on its promise of objective evidence and functional use? By unravelling the internal machinery of evaluation systems in international organizations, this book challenges the conventional understanding of evaluation as a value-free activity. Vytautas Jankauskas and Steffen Eckhard show how a seemingly neutral technocratic tool can serve as an instrument for power in global governance; they demonstrate and explain how deeply politics are entrenched in the interests of evaluation stakeholders, in the control and design of IO evaluation systems, and to a lesser extent also in the content of evaluation reports. The analysis draws on 120 research interviews with evaluators, member state representatives, and IO secretariat officials as well as on textual analysis of over 200 evaluation reports. The investigation covers 21 UN system organizations, including detailed case studies of the ILO, IMF, UNDP, UN WOMEN, IOM, UNHCR, FAO, WHO, and UNESCO. Shedding light on the (in-)effectiveness of evidence-based policymaking, the authors propose possible ways of better reconciling the observed evaluation politics with the need to gather reliable evidence that is used to improve the functioning of the United Nations. The answer to evaluation politics is not to abandon evaluation or isolate it from the stakeholders but to acknowledge surrounding political interests and design evaluation systems accordingly.
The EU Law Enforcement Directive (LED): A Commentary
by Eleni Kosta Franziska BoehmThe Law Enforcement Directive 2016/680 (LED) is the first legal instrument in the EU which comprehensively regulates the use of personal data by law enforcement authorities, creating a minimum standard of privacy protection across the EU. Together with the General Data Protection Regulation (GDPR), it stands at the heart of the legal reform of the EU's data protection law. Although it was adopted at the same time as the GDPR, the LED has not received the same scholarly attention, despite its significant impact and controversial implementation in Member States. The EU Law Enforcement Directive (LED): A Commentary addresses this by providing an article-by-article commentary on the Directive. Drawing on the expertise of leading scholars, regulators, and practitioners in the EU data protection field, it offers a detailed analysis of its legal provisions, drawing on relevant case law and scholarship to illuminate the key aspects and intricacies of each provision. It analyses national transpositions of the LED while taking into account the GDPR and the regulations on the processing of personal data by EU institutions, bodies, offices and agencies. For further context, it includes introductory chapters on the background and evolution of the Directive, the Council of Europe, and the impact of Brexit on the LED. This comprehensive volume is an excellent resource for anyone seeking authoritative guidance on the application and interpretation of LED provisions, especially judges, legal practitioners, prosecutors, competent authorities, and academics.
The EU Law Enforcement Directive (LED): A Commentary
by Eleni Kosta Franziska BoehmThe Law Enforcement Directive 2016/680 (LED) is the first legal instrument in the EU which comprehensively regulates the use of personal data by law enforcement authorities, creating a minimum standard of privacy protection across the EU. Together with the General Data Protection Regulation (GDPR), it stands at the heart of the legal reform of the EU's data protection law. Although it was adopted at the same time as the GDPR, the LED has not received the same scholarly attention, despite its significant impact and controversial implementation in Member States. The EU Law Enforcement Directive (LED): A Commentary addresses this by providing an article-by-article commentary on the Directive. Drawing on the expertise of leading scholars, regulators, and practitioners in the EU data protection field, it offers a detailed analysis of its legal provisions, drawing on relevant case law and scholarship to illuminate the key aspects and intricacies of each provision. It analyses national transpositions of the LED while taking into account the GDPR and the regulations on the processing of personal data by EU institutions, bodies, offices and agencies. For further context, it includes introductory chapters on the background and evolution of the Directive, the Council of Europe, and the impact of Brexit on the LED. This comprehensive volume is an excellent resource for anyone seeking authoritative guidance on the application and interpretation of LED provisions, especially judges, legal practitioners, prosecutors, competent authorities, and academics.
Moss, Fletcher and Isaacs on The EU Regulation on Insolvency Proceedings
The last decade has seen considerable changes in the main Regulation on cross-border insolvencies in the EU, the EU Regulation on Insolvency Proceedings (EIR). Many of those changes have been fundamental, including the application of the Recast EIR and the departure of the United Kingdom from the European Union. As EU law and its effect on member-states changes, Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings remains the guide for legal precedents while including new developments in the field. Each edition of this seminal work has served as a practical tool for lawyers and students alike, being widely cited within the EU and domestic courts. This fourth edition includes a new Chapter dealing with the impact of the UK's departure from the EU on insolvency proceedings in the UK. It also examines new case law from the European Court of Justice (ECJ), including iUB v VA (exclusive jurisdiction under Insolvency Regulation), Silverira v Espirito Santo (Article 15 - effect on lawsuits pending), and Wiemer & Trachte GmbH v Tadzher (Article 6 - jurisdiction re avoidance actions). An invaluable resource for practitioners and academics alike, this updated volume provides an expert commentary on the evolution in the EIR- which will be useful to lawyers not only within the CJEU but in all 27 member states as well.