Solidarity A Structural Principle Of International Law

This volume presents a high-level scholarly discussion on whether the concept of solidarity functions as a structural principle of international law and to what extent it has become a full-fledged legal principle. Each contributor addresses these questions by examining normative operations of the principle of solidarity in different branches of international law – including international disaster law, international humanitarian law, the law of development cooperation and international environmental law – as well as the relationship between the principle of solidarity and other legal principles such as the responsibility to protect and intergenerational equity.

Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.

This book collects various contributions on the principle of solidarity in international law. It reconstructs the foundations of solidarity in law and investigates the origins of the principle. It then seeks to ascertain whether solidarity exists as a principle in international law and, if so, what its scope is.

Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.

This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses.

This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous. The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction. As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States’ action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organizations presenting different visions (and levels) of co-operation. This book, the second volume to appear in the Global Europe Series, will appeal to international and EU law researchers and policy-makers alike with an interest in the nature and function of the principle of solidarity in international and EU law. Eva Kassoti is Senior researcher in EU and International Law at the T.M.C. Asser Institute in The Hague, The Netherlands and the Academic Co-ordinator of CLEER. Narin Idriz is Researcher in EU Law at the T.M.C. Asser Institute in The Hague, The Netherlands.

Introduction /Christian Lahusen and Veronica Federico --Denmark /Deniz Neriman Duru, Thomas Spejlborg Sejersen and Hans-Jörg Trenz --France /Manilo Cinalli, Carlo de Nuzzo --Germany /Ulrike Zschache --Greece /Maria M. Mexi --Italy /Veronica Federico and Nicola Maggini --Poland /Janina Petelczyc --Switzerland /Eva Fernández G.G. and Délia Girod --The United Kingdom /Tom Montgomery and Simone Baglioni --Solidarity in the European Union in times of crisis : towards "European solidarity"? /Ester di Napoli and Deborah Russo --Solidarity in times of crisis : disability, immigration and unemployment in Denmark /Deniz Neriman Duru, Thomas Spejlborg Sejersen and Hans-Jörg Trenz --Disability, unemployment, immigraiton : does solidarity matter in times of crisis in France? /Manilo Cinalli, Carlo de Nuzzo --Disability, unemployment, immigration : the implicit role of solidarity in German legislation /Ulrike Zschache --Greece in times of multiple crises : solidarity under stress? /Maria M. Mexi --Disability, unemployment, immigration : does solidarity matter at times of crisis in Italy? /Veronica Federico and Nicola Maggini --Disability, unemployment, immigration : does solidarity matter in times of crisis? : the Polish case /Janina Petelczyc --Switzerland : vulnerable groups and multiple solidarities in a composite state /Eva Fernández G.G. and Tania Abbiate --Solidarity in austerity Britain : the cases of disability, unemployment and migration /Tony Montgomery and Simone Baglioni --Conclusion:Solidarity as a public virture? /Veronica Federico.