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Dr. Heiko Krüger is an attorney at law and commentator on international and European legal affairs in Berlin, Germany. His research interests include secession conflicts, conflict resolution, the conduct of states and the implications of such action. Dr. Krüger is particularly concerned with secession conflicts in the Caucasus region and the Kosovo case. After obtaining his doctorate in law, he worked as a legal clerk at the German Ministry of Foreign Affairs and the Scientific Department of the German Parliament. He has served as a member of the Ethics Committee of the State of Berlin since 2006. This treatise is primarily concerned with the legal aspects of the Nagorno-Karabakh conflict. Current developments make it clear that the juristic aspects of secession conflicts are successively becoming blurred. Also, their significance is being superseded within the framework of conflict resolution attempts. The controversial recognition of Kosovo by several states in 2008 as well as the equally questionable recognition of Abkhazia and South Ossetia by Russia are merely two aspects. The aim of this treatise is therefore to focus more strongly on the legal positions, and in particular to underline the importance of principles of international law in connection with the Nagorno-Karabakh conflict. The analysis concentrates on two aspects of the Nagorno-Karabakh conflict. On the one hand the legitimacy or illegitimacy of the secession of Nagorno-Karabakh is scrutinised in accordance with Soviet law and international law. In this respect, the current developments in the cases of Kosovo, Abkhazia and South Ossetia are also taken into account. On the other hand, insight is provided into how the conduct of the Republic of Armenia is to be assessed from an international law perspective.

International law --- internationaal recht

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zeerecht --- internationaal recht --- International law --- Shipping law --- Droit de la mer --- Droit international --- Domaine public

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The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http://www.germanlawjournal.com). We would like to express our sincere gratitude to the journal's editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.

Legal theory and methods. Philosophy of law --- International law --- Law --- filosofie --- recht --- internationaal recht

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The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http://www.germanlawjournal.com). We would like to express our sincere gratitude to the journal’s editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.

Legal theory and methods. Philosophy of law --- International law --- Law --- filosofie --- recht --- internationaal recht

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Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.

International law --- Human rights --- Criminal law. Criminal procedure --- mensenrechten --- internationaal recht