Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.

This timely book invites the reader to explore the lexicon of ‘subjects’ and ‘objects’ of EU law as a platform from which several dilemmas and omissions of EU law can be researched. It includes a number of case studies from different fields of law that deploy this lexicon, structuring the contributions around three principal elements of EU law: its transformations, crises, and external-internal dynamics.

Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.

This volume collects papers that explore institutionalisation in contemporary transatlantic relations. Policymakers, lawyers, and political scientists reflect on contemporary understandings of the process as an integration of regimes and orders from an EU perspective. The papers assess whether contemporary transatlantic relations call for a different approach to global governance with a heightened emphasis on institutionalisation. The book explores a diverse range of case studies of interest to a broad readership. In particular, it focuses upon two cutting-edge issues: transatlantic data privacy rules that are emerging after the post-Edward Snowdon / NSA / PRISM revelations; and trade aspects, especially the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The contributors consider these case studies from a variety of perspectives, honing in on the dynamism, method, and high politics of transatlantic relations as they have recently evolved. They critically explore the commonly held assumption that transatlantic relations have historically been considered quasi-institutionalised at best or, at worst, lacking in terms of laws and institutions. Is institutionalisation a useful meeting point for all disciplines? Does it explain regional integration meaningfully across subjects? Can institutionalisation serve to promote accountability and good governance? Contributors across disciplines and subjects address these increasingly challenging and salient questions.

Embedded in the evolving comparative regionalism literature, this book offers a systematic analysis of the factors positively and negatively influencing regional institution-building. The ruptures caused by the Eurozone crises, the coronavirus pandemic and by Brexit have renewed the interest in the impact of crises and critical junctures on regionalism here defined as regional institution-building. Drawing from critical juncture research and historical comparative analysis, this volume uses the cases of European and East Asian regional institution-building to systematically analyse institutional transformations during specific historical turning points and critical juncture moments. Wunderlich’s research offers an in-depth analysis of the interrelated drivers, spoilers and dissolvers of regional institution-building processes in Europe and East Asia, and addresses key questions including: Under what conditions does regionalism take hold? What is influencing the initial institutional design choices? What is the impact of historical experiences and well-entrenched norms and ideas? What are the roles of regional leaders? How do external factors influence regional institution-building? What turns a crisis into a critical juncture and are such junctures threats or opportunities? What accounts for variations in institutional responses to crisis events across different regional settings? This book will be a valuable resource for scholars of regionalism, region-building, regional governance and international relations of Europe and East Asia.

Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.

In Parliamentary Diplomacy in European and Global Governance, 27 experts from all over the world analyse the fast-expanding phenomenon of parliamentary diplomacy. Through a wealth of empirical case studies, the book demonstrates that parliamentarians and parliamentary assemblies have an increasingly important international role. The volume begins with parliamentary diplomacy in Europe, because the European Parliament is one of the strongest autonomous institutional actors in world politics. The study then examines parliamentary diplomacy in relations between Europe and third countries or regions (Mexico, Turkey, Russia, the Mediterranean), before turning attention to the rest of the world: North and South America, Asia, Africa and Australia. This pioneering volume confirms the worldwide nature and salience of parliamentary diplomacy in contemporary global politics.

Amid widespread awareness and discussion of “the democratic deficit” and “shrinking civil space,” the role of nongovernmental organizations (NGOs) becomes increasingly important. Yet the precise legal status of such bodies is ill-defined. Here, for the first time, is a thorough commentary and analysis of the position of NGOs and European civil society in the European Union (EU) constitutional system, bringing to the fore existing and desirable means of public participation in EU lawmaking. Recognizing that NGOs have historically been designed to meet the ends of civil society, the analysis focuses on the following topics and issues: means in EU law of advocating for the collective interests of civil society; unofficial means of influencing the EU institutions; access to documents and the European Citizens’ Initiative as means of exerting pressure on EU legislation; relations between the EU institutions and NGOs, including lobbying activities; bringing actions in the common good before courts and other institutions; the special role of NGOs in environmental protection; complaints to the Commission and the European Ombudsman; EU funding for NGOs; and transboundary philanthropy. Drawing on a broad spectrum of sources of law, including CJEU case law and relevant legal literature, the book offers insightful proposals leading to the democratization of the EU’s internal procedures that will allow enhanced cooperation of civil society representatives across national borders. In its thorough examination of legal tools that can respond to the “democratic deficit,” this book makes a distinctive contribution to the public debate on the future of the European Union, especially in the context of emerging threats to further integration. It will prove of great value not only to civil activists, academics and policymakers but also to everyone interested in European integration and affordance for social participation.

The Routledge Handbook of Parliamentary Administrations brings together an international, multidisciplinary group of contributors providing a systematic and comprehensive analysis of parliamentary administrations. Including chapters on the administrations of national parliaments in every member state of the European Union, in most of the EU candidate countries and in key liberal democracies around the world, this book represents a uniquely broad-ranging resource. Each national system is treated in a consistent manner, with authors providing relevant facts, figures and critical analysis according to a common framework. Additionally, it provides coverage of transnational parliamentary administrations in different regions around the globe and includes a number of cross-cutting chapters, addressing key issues of relevance for a better understanding of parliamentary administrations such as the potential for politicisation, professionalisation, digitalisation or Europeanisation with the comparative analysis of different national experiences. This handbook will enable readers to better comprehend the role and influence of parliamentary administrations and in doing so will enhance our understanding of their importance for the effective functioning of representative democracy more generally. The Routledge Handbook of Parliamentary Administrations constitutes a unique tool and prime reference for any researcher, scholar or practitioner working in the area of parliamentary and legislative studies, governance, democracy, public policy and administration, as well as more widely to European studies, general political science and comparative politics.