98% of EU rules are decided via Comitology and delegated acts, rather than via legislation. This shows the importance of these decisionmaking processes. The procedures are complex with many exceptions and derogations. Academic books have been published on the subject: they explain the what comitology and delegated acts are, but are silent on how to effectively operate in these processes.

What European affairs practitioners need is a manual explaining each step of the different processes with diagrams, concrete cases, practical explanations. This is exactly what the Handbook on secondary legislation is all about: a book designed by practitioners for practitioners.

An indispensable tool to navigate efficiently through the labyrinth of decision-making procedures.

ABOUT THE AUTHORS 


Former Associate Partner of EPPA,Daniel Guéguen has dedicated his whole working life to European public affairs. Daniel set up several businesses specialised in European affairs and after disposing of them in 2012, he founded PACT European Affairs, specialised in the post-Lisbon comitology procedures. Alongside this activity,Daniel Guéguen has published books that have been translated into several languages. Via articles, blogs and tweets widely circulated in international press, he has campaigned for a more operational EU that is closer to citizens. Building upon the educational nature of his books on the EU, Daniel is still today involved in many university programmes, in the USA (Harvard, Georgetown) and across Europe (ULB, Paris Sciences-Po, EDHEC, HEC, INSEAD), and at at the College of Europe in Bruges and Natolin. For his European activities, Daniel Guéguen was in 2005 awarded the rank of Chevalier in the order of the Légion dhonneur.




Vicky Marissens legal background and long-standing experience in European Public Affairs make her the expert capable of assisting companies, trade associations and organisations active in highly regulated sectors such as food, pharmaceuticals and health, helping them close the procedural gap and regain impact on the EU decision-making process.

Besides providing legal and procedural input on files and assistance in developing and deploying engagement strategies, Vicky provides support in communicating often technical arguments in an understandable form to different target audiences (public, private, media, etc.).

The first edition of the Practical Guide to the EU Labyrinth was published in 1991.

32 years and 16 editions later,Daniel Guéguen andVicky Marissen now offer an updated and adapted edition.

The Treaty of Lisbon of 1 December 2009 requires a comprehensive reform of this guide to understand the new procedures, new ways of conduct and new practices of the EU.

After reading this guide, enriched with diagrams, examples and summaries, the structures, competences and procedures of the European institutions will no longer hold any secrets for you.

ABOUT THE AUTHORS

Former Associate Partner of EPPA,Daniel Guéguen has dedicated his whole working life to European public affairs. Daniel set up several businesses specialised in European affairs and after disposing of them in 2012, he founded PACT European Affairs, specialised in the post-Lisbon comitology procedures. Alongside this activity,Daniel Guéguen has published books that have been translated into several languages. Via articles, blogs and tweets widely circulated in international press, he has campaigned for a more operational EU that is closer to citizens. Building upon the educational nature of his books on the EU, Daniel is still today involved in many university programmes, in the USA (Harvard, Georgetown) and across Europe (ULB, Paris Sciences-Po, EDHEC, HEC, INSEAD), and at at the College of Europe in Bruges and Natolin. For his European activities,Daniel Guéguen was in 2005 awarded the rank of Chevalier in the order of the Légion dhonneur.


Vicky Marissens legal background and long-standing experience in European Public Affairs make her the expert capable of assisting companies, trade associations and organisations active in highly regulated sectors such as food, pharmaceuticals and health, helping them close the procedural gap and regain impact on the EU decision-making process.

Besides providing legal and procedural input on files and assistance in developing and deploying engagement strategies, Vicky provides support in communicating often technical arguments in an understandable form to different target audiences (public, private, media, etc.).

Global climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Haberle's theory of the "open society of constitutional interpreters", four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.

Data sharing - broadly defined as the exchange of health-related data among multiple controllers and processors - has gained increased relevance in the health sciences over recent years as the need and demand for collaboration has increased. This includes data obtained through healthcare provisions, clinical trials, observational studies, public health surveillance programs, and other data collection methods. The practice of data sharing presents several notable challenges, however. Compliance with a complex and dynamic regulatory framework is essential, with the General Data Protection Regulation being a prominent example in a European context. Recent regulatory developments related to clinical trial transparency, trade secrecy, data access, AI training data, and health data spaces further contribute to the difficulties. Simultaneously, government initiatives often encourage scientists to embrace principles of "open data" and "open innovation."The variety of regulations in this domain has the potential to impede widespread data sharing and hinder innovation. This edited volume, therefore, compiles comparative case studies authored by leading scholars from diverse disciplines and jurisdictions. The book aims to outline the legal complexities of data sharing. By examining real-world scenarios from diverse disciplines and a global perspective, it explores the normative, policy, and ethical dilemmas that surround data sharing in the health sciences today.Chapter Patient Perspectives on Data Sharing, Chapter Supplementary Measures and Appropriate Safeguards for International Transfers of Health Data after Schrems II are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Before the rise of republics, relations between communities were religious and military power based on the rights of the gods and spiritual warfare. The Sublime Powers Granted to the Elect of the Deities With the appearance of the Republics and the Free Man, International Relations as we know them today began: the interaction between the National States with equal culture or legal society, independence, and sovereignty. The right to war disappears; no Republic establishes the law of war to destroy another nation, The world of nations originated and consolidated in the American continent during the seventeenth and eighteenth centuries. For the other continents, the process began in Europe's First World War and extended to Asia and Africa during the Second World War and the Cold War. But even today, religious empires defend themselves by creating wars within republics and supported by monarchies and spiritual states. Freedom of worship is established in the Republics to end servitude; no more servants of religion who persecute, condemn, and subjugate peoples in the name of the gods. Faith ceases to be an obligation and becomes an option. In the Republic, you can be an atheist during work hours, a worshipper of Venus at lunch, a priest of Bacchus and Morpheus at night, and a worshipper of Huītzilōpōchtli during a sporting event, and no civil authority can judge you for changing religion or, prioritizing science over mythologies. In contrast to natural rights, republics establish citizen and social rights with Constitutions. Nature does not grant any rights. The creation of the Free Man in the American continent gave good results that inspired European intelligence to create great cosmogonies such as Marxism and liberalism. But religious empires remain a factor of control and domination; they have no legal personality, do not pay taxes, have their own rules, and demand tribute from their faithful.

This book provides a pathbreaking attempt both to define the important legal questions related to the growing use of "big data" in extraterritorial military operations, and to begin to provide some answers. Big data, meaning the troves of data generated by new information technologies and the advanced analytics used to process that data, is radically reshaping the modern battlefield. Like many new military technologies and capabilities, the myriad uses of big data present broad questions about how to translate existing rules and principles embedded in multiple bodies of law to these new contexts, both within armed conflict, as part of adversarial activities below the armed conflict threshold, and in a range of related operations that increasingly use, deploy, and target such data. These questions extend beyond the role of big data within weapons systems and other military capabilities to questions about the nature of civilian harm, scope of individual rights, atrocity investigation, and humanitarian relief. The chapters in this book comprise the first initiative to grapple with a wide swath of these questions including whether, and how, jus ad bellum, international humanitarian law, international human rights law, and international criminal law might apply to operations involving big data. At the same time, because big data is so transformative, the uses of such data provoke deeper questions about the law itself, exposing gaps and interpretive ambiguities in existing legal frameworks that generate critiques of those frameworks as inadequate. Accordingly, while big data holds enormous promise, it also has the potential to disrupt modern warfare and the rule of law itself. This book confronts these issues directly, offers a range of approaches, and suggests an initial roadmap for scholars and practitioners alike.

This book provides a pathbreaking attempt both to define the important legal questions related to the growing use of "big data" in extraterritorial military operations, and to begin to provide some answers. Big data, meaning the troves of data generated by new information technologies and the advanced analytics used to process that data, is radically reshaping the modern battlefield. Like many new military technologies and capabilities, the myriad uses of big data present broad questions about how to translate existing rules and principles embedded in multiple bodies of law to these new contexts, both within armed conflict, as part of adversarial activities below the armed conflict threshold, and in a range of related operations that increasingly use, deploy, and target such data. These questions extend beyond the role of big data within weapons systems and other military capabilities to questions about the nature of civilian harm, scope of individual rights, atrocity investigation, and humanitarian relief. The chapters in this book comprise the first initiative to grapple with a wide swath of these questions including whether, and how, jus ad bellum, international humanitarian law, international human rights law, and international criminal law might apply to operations involving big data. At the same time, because big data is so transformative, the uses of such data provoke deeper questions about the law itself, exposing gaps and interpretive ambiguities in existing legal frameworks that generate critiques of those frameworks as inadequate. Accordingly, while big data holds enormous promise, it also has the potential to disrupt modern warfare and the rule of law itself. This book confronts these issues directly, offers a range of approaches, and suggests an initial roadmap for scholars and practitioners alike.

This book has taken an extremely important and unexplored subject, Islamic international law, which has often been largely presented only within the theological texts. However, this book has made a sincere attempt to present this subject with the much needed academic rigor in the context of modern international law. The learned authors, through their in-depth research, have identified the following facts and principles. Both systems recognize the doctrine of pacta sunt servanda. Ahd, or pledge, or commitment, which have a huge significance in Islamic law.

This book explores the meaning of 'investment' within the context of International Centre for Settlement of Investment Disputes (ICSID) arbitration. It provides a comprehensive and detailed examination of the various legal issues arising in connection with the jurisdictional requirement of the existence of an investment. It explores, first of all, the fundamental question of whether the term 'investment' in Art. 25 ICSID Convention has - despite not being defined -some objective or independent meaning. Second, it addresses the substance of that meaning, showing that three main approaches (the prevailing Salini test, the permissibility test, and the commercial-transaction test) co-exist in arbitral practice. Third, it analyses the definitions of 'investment'found in investment treaties including the traditional definitional model, typical requirements, and recent developments in practice. Fourth, it provides an overview of definitions contained in domestic investment laws, highlighting commonalities with, and differences from, definitions found in investment treaties. Finally, it examines the investment status of several specific categories of assets and operations. The Concept of Investment in ICSID Arbitration offers not only a detailed analysis of the relevant case law, legislation, and scholarship, but also a critical assessment of existing practices and trends, as well as normative recommendations. It also explores issues that are neglected in the existing literature, such as the question of the nature of investment, recent trends in treaty drafting and arbitral case law, and definitions of 'investment' contained in investment laws. Despite its formal focus on ICSID arbitration, significant portions of the book are also relevant for other forms of investor-state arbitration.

This book explores the meaning of 'investment' within the context of International Centre for Settlement of Investment Disputes (ICSID) arbitration. It provides a comprehensive and detailed examination of the various legal issues arising in connection with the jurisdictional requirement of the existence of an investment. It explores, first of all, the fundamental question of whether the term 'investment' in Art. 25 ICSID Convention has - despite not being defined -some objective or independent meaning. Second, it addresses the substance of that meaning, showing that three main approaches (the prevailing Salini test, the permissibility test, and the commercial-transaction test) co-exist in arbitral practice. Third, it analyses the definitions of 'investment'found in investment treaties including the traditional definitional model, typical requirements, and recent developments in practice. Fourth, it provides an overview of definitions contained in domestic investment laws, highlighting commonalities with, and differences from, definitions found in investment treaties. Finally, it examines the investment status of several specific categories of assets and operations. The Concept of Investment in ICSID Arbitration offers not only a detailed analysis of the relevant case law, legislation, and scholarship, but also a critical assessment of existing practices and trends, as well as normative recommendations. It also explores issues that are neglected in the existing literature, such as the question of the nature of investment, recent trends in treaty drafting and arbitral case law, and definitions of 'investment' contained in investment laws. Despite its formal focus on ICSID arbitration, significant portions of the book are also relevant for other forms of investor-state arbitration.

In theory, international law provides a clear framework for ensuring the rarity of detention by either characterising a detention practice as inherently arbitrary or treating it as a measure of last resort. However, some critics have argued that international law prioritises procedural safeguards, leaving the international law on the legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped. Detention and its Alternatives under International Law analyses the current state of the international law on detention and its alternatives within national law and policy. It addresses armed conflict, counterterrorism, criminal justice, mental health, migration, public health, and social care. The book discusses a number of topics such as: shortcomings in how international law addresses structural inequality and discrimination; the level of scrutiny applied to the evidence supportingdecisions to detain; and the availability and proportionality of alternatives to detention and their compatibility with human rights. All chapters analyse how new and emerging technologies affect decisions to detain, as well as the nature of alternatives to detention. Without conflating different forms of detention, the book proposes key means of making detention a true measure of last resort. Detention and its Alternatives under International Law will be a valuable resource to practitioners and scholars working on the right to liberty or the underlying policy areas in which detention is employed as a tool.

This book covers several aspects of the application of Sustainable Development Goals to mining related subjects. The included works range from methods to assess and implement sustainability to discussions of legal impacts and relations as well as technological developments and outlooks. First, the challenges and opportunities of clean energy transition in the African mining sector are described. With regard to the assessment of sustainable developments, this book includes the applications of the sieving method, the concept of thermodynamics and the United Nations Framework Classification to mining projects and case studies. The implementation of Sustainable Development Goals into academic project work and education of geo-engineers is covered as well. The legal topics contain discussions of corporate climate liabilities and extraterritorial legal responsibilities as well as an analysis of the impact of the German Federal Constitutional Court's climate decision. Important mining aspects and technological developments like proactive water management, sustainable approaches to mine closure and implementation of ventilation on demand in underground mines are described. In addition, the state and potential of the Mongolian raw materials industry is covered. The Sustainable Smart Mining and Energy Yearbook is not only aimed at researchers and professionals, but at all who want to get an overview of current important technical and legal topics in this field.

Globalization has unleashed the spread of communicable and non-communicable diseases, connected societies through vulnerability to common threats, and revealed the limitations of domestic legislation in addressing economic, social, and political determinants of health. Yet if globalization has presented challenges to disease prevention and health promotion, with the COVID-19 pandemic making clear the governance challenges ahead, global health law offers the promise of bridging national boundaries to alleviate global inequities. The academic field of global health law analyzes the law and policy frameworks that apply to the new public health threats, non-state actors, and regulatory instruments that structure global health. Arising out of international health law--which narrowly focuses on relationships among states--the field of global health law reflects the changing institutional architecture, norms, and diplomacy necessary to respond to the health threats of the twenty-first century. The new law and policy frameworks, placing public health obligations on the global community of state and non-state actors, ensure justice in global health through institutions that embrace values of transparent governance, multisectoral engagement, and legal accountability. As the study and practice of global health law has expanded over the past decade, and especially through the COVID-19 response, students and scholars require a foundational text to comprehend this shifting landscape. Lawrence O. Gostin and Benjamin Mason Meier have edited this text to help readers understand the promise of law and policy in global health. Assembling leading academics across the field of global health law, this volume (1) explains the conceptual frameworks and governance institutions that define the field, (2) applies global health governance to disease prevention and health promotion, (3) examines economic institutions that influence global health, and (4) analyzes international legal efforts to address rising health threats.

'...This book [ ] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law JournalThe updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives.A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country.Many of the pioneering ideas that were advanced in the first edition of this book have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fifth edition captures the essence of the ongoing multiple reform processes either planned or envisaged currently underway.

'...This book [ ] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law JournalThe updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives.A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country.Many of the pioneering ideas that were advanced in the first edition of this book have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fifth edition captures the essence of the ongoing multiple reform processes either planned or envisaged currently underway.

The starting point of this book is the generally shared observation that in violence-torn areas of limited statehood, the civilian population is often subject to deliberate attacks. This violence often escalates to core crimes such as war crimes, crimes against humanity and even genocide. The International Criminal Court (ICC) could potentially deter such crimes. In order to do so, it largely depends on the cooperation of the states on the territory of which alleged core criminals operate. Since such states are often unwilling or unable to cooperate, the book explores whether the ICC could instead seek assistance from international forces such as UN peace support operations, UN-mandated missions, and belligerent occupants.The book covers, on the one hand, the law and practice of the UN Security Council with regard to mandating international forces to arrest and transfer alleged offenders to the ICC or to other international courts. On the other, it addresses to what extent international forces may or must hand alleged offenders over to the ICC, regardless of such mandates. More precisely, the book examines whether the duties to prosecute genocide, torture, enforced disappearance, grave breaches and other war crimes apply extraterritorially and - if so - whether international forces can discharge these duties by transferring suspects to the ICC.At the same time, the book addresses the limitations to such extraterritorial action: firstly, to what extent the prohibition of the use of force and the principle of territorial sovereignty restrict extraterritorial deprivations of liberty and transfer to the ICC. Secondly, it explores the restrictions and permissions that the law of occupation and other norms of international humanitarian law impose on such apprehensions and transfers. Finally, it discusses how international forces can uphold the right to liberty and security as well as the principle of non-refoulement when they extraterritorially apprehend ICC suspects. This also reflects the book's relevance with regard to the more general debate on the extraterritorial application of human rights.

This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law from theory to practice.The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains.The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.

How can the UN Security Council contribute to the maintenance of international peace and security in times of heightened tensions, global polarisation, and contestation about the principles underlying the international legal and political order? In this Trialogue, experts with diverse geographic, socio-legal, and ideational backgrounds present their perspectives on the Security Council's historic development, its present functions and deficits, and its defining tensions and future trajectories. Three approaches engage with each other: a power-focused approach emphasising the role of China as an emerging actor; an institutionalist perspective exploring how less powerful states, particularly the elected members of the Security Council, exert influence and may strengthen rule-of-law standards; a regionalist perspective investigating how the Security Council as the central actor can cooperate with regional organisations towards maintaining international peace and security. This title is also available as Open Access on Cambridge Core.