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E-grāmata: Solidarity in International Law: Challenges, Opportunities and The Role of Regional Organizations [Taylor & Francis e-book]

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Solidarity in International Law: Challenges, Opportunities and The Role of Regional OrganizationsPalielināt
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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.



The principle of solidarity is particularly important now because it is in juxtaposition to some current self-centered trends in politics: the crises that have upset the world in recent years, such as migrations, hegemonic aspirations, pandemics, and wars, have made self-evident the inadequacy of such selfish politics. It therefore seems very useful to understand the role that solidarity could play in contemporary scenarios. This book thus collects various contributions on the principle of solidarity in international law. Firstly, it reconstructs the foundations of solidarity in law and investigates the origins of the principle. Subsequently, it tries to ascertain if solidarity exists as a principle in international law and, if so, what its scope is. The book then examines the eventual implementation of the principle of solidarity in regional organizations law: the question is whether solidarity is more effective and if it is actually better fulfilled when relationships between states get stronger, such as in regional and sub-regional organizations. Such implementation is notable in EU Law, but the analysis also involves other regional and sub-regional organizations, namely the African Union, ECOWAS, the League of Arab States, and MERCOSUR. This book takes into account not only some distinctive areas of solidarity, such as migration law, or specific institutional contexts where solidarity is a declared principle, objective or value, for example, the European Union, but it also considers whether, and to what extent, the manifestations of solidarity differ in disparate settings, trying to discover the reasons behind such divergences. The book will be of interest to researchers and academics in the areas of International Law, International Organizations Law, European Law, Human Rights Law, Business Law, and Constitutional Law.

1 Introduction. Solidarity: traditional international law vs. Modern international law and universal international law vs. law of regional organizations
Leonardo Pasquali
1.1 The concept of solidarity
1(6)
1.2 International law and solidarity in the historical evolution of the international community
7(3)
1.3 Research question and methodology
10(6)
1.4 Plan of the book
16(7)
2 Historical background of solidarity in European law
Aldo Petrucci
2.1 Preliminary remarks
23(1)
2.2 What is Roman law and why do we refer to it as the historical background to EU law?
24(3)
2.3 What is the position of Roman law in relation to individualism or solidarity?
27(6)
2.4 Some final reflections
33(2)
3 Solidarity between law and religion
Pierluigi Consorti
3.1 Introduction
35(1)
3.2 Solidarity, sociology, religion and law
36(4)
3.3 Solidarity and religion in EU law: the vertical approach
40(3)
3.4 Solidarity and religion in EU law: the horizontal approach
43(1)
3.5 Conclusion
44(3)
4 Solidarity and constitutional law in Italy and other European countries
Elisabetta Catelani
Pietro Milazzo
4.1 Premises
47(2)
4.2 The evolution of solidarity in Italy in the twentieth century: from value to principle
49(2)
4.3 Solidarity and the Constitutional Court
51(2)
4.4 Solidarity in the current emergency: the evolution of a principle
53(2)
4.5 The principle of solidarity among the European Constitutions
55(2)
4.6 Solidarity in the Constitutions and in the Preambles
57(4)
4.7 Implicit and "immanent" solidarity (with focus on rights connected to the welfare state)
61(3)
4.8 Solidarity and the political local authorities
64(2)
4.9 Conclusions
66(3)
5 Federalism, the principle of solidarity and the third stage in the division of competences
Marcelo Labanca Correa de Araujo
5.1 Introduction
69(2)
5.2 Federalism and unity in diversity
71(4)
5.3 Division of competences I: from dual to cooperative federalism
75(4)
5.4 Division of competences II: from cooperation to solidarity
79(8)
5.5 Uncooperative federalism: when the duty of solidarity implies the obligation not to cooperate
87(1)
5.6 Conclusion
88(3)
6 A realistic solidarity; Immanuel Kant's legacy for modern Europe
Giorgio Ridolfi
6.1 Introduction
91(1)
6.2 Freedom, equality and people's sovereignty in Kant's writings
92(4)
6.3 Political reality and ethical ideals
96(3)
6.4 From unsocial sociability to solidarity
99(3)
6.5 A cosmopolitan way to solidarity
102(2)
6.6 Conclusions
104(3)
7 The dynamics between interest and solidarity as the functional basis of current international law
Gerardo Martino
7.1 Whither solidarity in international law? From mutual benefit to the development of solidarity-based relations
107(4)
7.2 Functional solidarity
111(1)
7.3 Onusian solidarity
111(2)
7.4 Economic solidarity
113(2)
7.5 Regional solidarity
115(9)
7.5.1 Solidarity in the European integration process
116(1)
7.5.2 The functional value of solidarity for the launch of the European integration process
117(1)
7.5.3 European solidarity through positive integration
118(6)
8 Solidarity and international investment law: reconciliation within the institutional framework?
Francisco Pascual-Vives
8.1 Introduction
124(1)
8.2 Solidarity and contemporary international law
124(3)
8.2.1 An international system organized in different normative frameworks: a general overview
124(2)
8.2.2 The functions of public international law: the progressive affirmation of the principle of solidarity through the development of peremptory norms
126(1)
8.3 The complex and emerging interaction between the principle of solidarity and international investment law
127(16)
8.3.1 Formulas promoting solidarity within the institutional framework: the role of international organizations
127(1)
8.3.1.1 The United Nations: human rights violations and transnational corporations
128(3)
8.3.1.2 The European Union: from an atomized to a centralized legislation
131(5)
8.3.2 Formulas promoting solidarity within the bilateral framework: human rights litigation
136(1)
8.3.2.1 Business and human rights arbitration
136(3)
8.3.2.2 Extraterritoriality, limiting the forum non conveniens doctrine and the challenges arising from parallel proceedings
139(4)
8.4 Final remarks
143(2)
9 International solidarity and human rights. Some remarks about the draft United Nations declaration on the right to international solidarity
Miriam Schettini
9.1 Introduction
145(3)
9.2 International solidarity and the path towards the universality of human rights
148(7)
9.3 The draft declaration on the right to international solidarity
155(4)
9.4 A human right to international solidarity: perplexities and prospects
159(3)
9.5 Concluding remarks
162(3)
10 Solidarity in the EU. Beyond EU treaty provisions on solidarity
Francesca Martines
10.1 Introduction
165(4)
10.2 The origin: revisiting solidarity in the Schuman Declaration
169(4)
10.3 Solidarity through law. The role of the Court of Justice
173(3)
10.4 Equitable burden-sharing, solidarity, and voting procedures in the Council
176(4)
10.5 Solidarity and differentiated integration
180(3)
10.6 Duty of solidarity and conditionaliry
183(2)
10.7 The example of relocation of asylum seekers: what lessons for solidarity?
185(4)
10.8 Concluding remarks
189(2)
11 The reform of the Common European Asylum System: the new Pact on immigration and asylum
Elena Crespo Navarro
11.1 Introduction
191(2)
11.2 The current Common European Asylum System and the need of reform
193(7)
11.3 The New Pact on Migration and Asylum
200(12)
11.3.1 A new common framework for asylum and migration management
200(2)
11.3.2 Enhance the system's capacity to determine the responsibility for examining the application
202(3)
11.3.3 Streamline procedures
205(1)
11.3.3.1 The screening of third country nationals at the external borders
206(1)
11.3.3.2 Border procedures for asylum and return
206(2)
11.3.4 A new solidarity mechanism
208(1)
11.3.4.1 Solidarity contributions
208(1)
11.3.4.2 Application of the solidarity mechanism to disembarkation following search and rescue operations
209(2)
11.3.4.3 Application of the solidarity mechanism to situations of migratory pressure
211(1)
11.4 A new system for addressing situations of crisis and force majeure
212(2)
11.5 Final remarks
214(5)
12 Solidarity with candidate States: the case of the Western Balkans
Teresa Russo
12.1 Introduction: solidarity as principle of EU internal and external action
219(3)
12.2 Some solidarity profiles in the Union's enlargement policy
222(3)
12.3 Western Balkans' association as a framework for a "solid" stabilization of the region
225(3)
12.4 The check of migration flows as a shared responsibility in the framework of "Status agreements"
228(5)
12.5 Conclusions: strategic solidarity towards the Western Balkans
233(4)
13 Solidarity among member states of regional organizations as a development of the good faith principle
Ivan Ingravallo
Nicola Ruccia
13.1 The good faith principle in regional organizations
237(3)
13.2 Is solidarity a development of the good faith principle?
240(4)
13.3 The level playing field of solidarity in the Charters of regional organizations
244(9)
13.3.1 The explicit solidarity
244(6)
13.3.2 The implicit solidarity
250(3)
13.4 Concluding remarks
253(4)
14 Solidarity in the African System
Anna Pitrone
14.1 Introduction
257(2)
14.2 Solidarity among States: from the Organization of African Unity to the African Union
259(9)
14.2.1 From non-intervention to non-indifference
259(3)
14.2.2 The African Peace and Security Architecture
262(4)
14.2.3 African Union Peace Support Operations
266(2)
14.3 Solidarity among peoples: The Pan-African Parliament
268(5)
14.3.1 The limits of PAP
271(1)
14.3.2 The new PAP Protocol
272(1)
14.4 Solidarity rights in the African System
273(7)
14.5 Conclusions
280(4)
15 Solidarity in ECOWAS, a sub-regional African organisation with relevant similarities to the EU
Gabriele Rugani
15.1 Introduction: do the similarities between ECOWAS and the EU also concern the development of the principle of solidarity?
284(3)
15.2 The 1993 ECOWAS Revised Treaty and its
Chapter XI: an attempt towards the establishment of the social and solidary dimension of West African integration
287(2)
15.3 Solidarity between Member States and non-nationals: the example of the ECOWAS General Convention on Social Security
289(5)
15.4 Solidarity among Member States: the ECOWAS response to the Ebola epidemic
294(5)
15.5 Concluding remarks: a solidarity "in books" that often does not result in solidarity "in action"
299(4)
16 Solidarity in the League of Arab States
Matteo Del Chicca
16.1 Introduction
303(3)
16.2 The historical background of the League of Arab States
306(5)
16.3 The 1945 Pact of the League of Arab States and the other international organization treaties of the same period
311(4)
16.4 The international agreements adopted to implement what stated in the Pact of the League of Arab States
315(3)
16.5 Concluding remarks
318(3)
17 Solidarity in the law of MERCOSUR
Marcilio Toscano Franca-Filho
17.1 Introduction: solidarity and law
321(4)
17.2 Solidarity and MERCOSUR law
325(2)
17.3 Regional convergence in times of pandemic
327(4)
17.4 Short concluding note
331(2)
18 Epilogue: lessons, questions, and outlook
Leonardo Pasquali
18.1 Solidarity and international universal law
333(2)
18.2 Solidarity within the laws of international regional organizations: the state of the art
335(6)
18.3 The evolutionary path of solidarity within the laws of international regional organizations
341(8)
Index 349
Leonardo Pasquali is Associate Professor of International Law at the University of Pisa, Italy. He is currently the Leader and Academic Coordinator of the "Solidarity in EU Law" Jean Monnet Module. He is also a member of the Academic Board of the PhD Programme in Law and the PPGD (mestrado e doutorado) Programme in Law at the Catholic University of Pernambuco (UNICAP), Brazil; additionally, he is a member of the Editorial Committee of European and Latin-American academic journals. He teaches in the areas of International Law, International Humanitarian Law, International Judicial Cooperation, International Organizations Law and EU Law. He has published extensively on these and related subjects in English, French, Italian and Spanish. Leonardo Pasquali is a Founding Partner at Studio Legale Pasquali.
Permanent link: https://www.kriso.lv/db/9781003225959_pe.html
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