Euan Macdonald - Böcker

The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.

The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.

This Research Handbook presents thirty-three original contributions from leading experts around the globe on all aspects of legal argumentation. Each chapter combines theoretical and practical perspectives to introduce and develop its topic.The volume explores the connections between legal argumentation, general jurisprudence, and argumentation theory. The result: the most detailed, comprehensive, and international overview of the field to date. The Research Handbook is organised into five parts. The first examines the core elements of legal argumentation. The second analyses many types of argument commonly used in law. The third situates legal argumentation within broader argumentation theory. The fourth examines its links with general jurisprudence. The fifth and final part takes a more holistic approach to what is involved in judging well.This Research Handbook will interest not only students and scholars of legal argumentation, legal philosophers, and argumentation theorists, but also lawyers, judges, and other practitioners seeking to better understand their art.

Around twenty years ago, a challenge was laid down to international law by those writing at the critical periphery of the discipline; a challenge that has yet to find satisfactory response. Although often (mistakenly) characterised as nihilist, this book seeks to recast it in positive terms; to pose the question of what – if anything – is left of international law and ethics if we accept both that apolitical rules are impossible and that the values that must – inevitably – be used to justify them are irreducibly, radically subjective. After detailed analyses of different political and international legal philosophers who have confronted this issue, the answer is located in a “turn to literature” and a rehabilitation of the ancient notion of rhetoric.

With a Foreword by Brunson McKinley, Director General of the International Organization for Migration (IOM)This book encapsulates the law of international migration by examining developments first addressed in the volume on Migration and International Legal Norms (edited by T.A. Aleinikoff and V. Chetail; T.M.C. Asser Press 2003) and by discussing wholly new themes. In this regard, the book considers emerging issues, such as the challenges posed by migration to State sovereignty and the protection of human rights as a result of the increasing tensions between anti-terrorism or security legislation and immigration measures, the impact of the use of biometrics technology (e.g. fingerprinting) to identify and better monitor international movements of persons, and enhanced cooperation on the European Union external border. The human rights of vulnerable groups of migrants, such as migrant workers, women, victims of trafficking, and stateless persons are also examined.The issue of forced migration warrants a consideration of the international migration law relating to groups such as internally displaced persons, as well as the international community’s response to secondary movements of asylum-seekers. Questions of state responsibility concerning, for example, stranded migrants and provision of consular protection and assistance to migrants are also discussed. Moreover, the expansion of regional legal frameworks concerned with migration, such as EU immigration and asylum law and policy and the growing case law on European citizenship, as well as developments in free movement regimes in Africa, the Americas and the Caribbean, are added to the analysis of the growing body of international migration law.A range of persons from international organizations, legal practice and academia with expertise in International Migration Law have contributed to this volume, which is aimed at a broad audience, including policy makers, academics, researchers, postgraduate students, legal practitioners, civil society representatives and journalists.Ryszard Cholewinski is Labour Migration Specialist in the Migration Policy, Research and Communications Department of IOM, the International Organization for Migration, in Geneva. In the same organization, Richard Perruchoud is Director of the International Migration Law and Legal Affairs Department. Euan MacDonald holds a PhD in public international law from the European University Institute in Florence.