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Book Synopsis

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Book SynopsisJamais encore le Tribunal Rabbinique du Consistoire de Paris n'avait ouvert ses portes à un chercheur. Au terme de ses investigations, l'auteur est parvenu à constituer une photographie sociologique du divorce religieux au sein de la communauté juive française. Les dossiers mis à sa disposition lui ont permis de mettre au jour la spécificité du divorce juif et d'apporter des informations et des résultats inédits. Accessible au néophyte, cet ouvrage reprend les règles et principes fondamentaux qui régissent le mariage et le divorce dans la Bible et la législation post-biblique. Il aborde aussi l'évolution du statut juridique de la femme juive dans la littérature rabbinique du Moyen Age. Chemin faisant, l'auteur soulève le problème douloureux du déni de ge? auquel se trouvent confrontées les femmes (agunot). A travers la littérature rabbinique et la presse juive, il présente les différentes solutions préconisées par les rabbins de toutes obédiences, depuis l'institution du divorce civil en 1792. L'auteur interroge enfin les sources rabbiniques classiques, Maïmonide en particulier, qui sans équivoque s'insurge contre l'abus de pouvoir des époux récalcitrants au ge?.

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Book Synopsis

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Book Synopsis

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Book SynopsisThe driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.Table of ContentsTables Notes on Contributors 1 Introduction: Modernisation, National Identity, and Legal Instrumentalism  Michał Gałędek 2 Prenuptial Agreements of the Hungarian Aristocracy in the Early Modern Era  Zsuzsanna Peres 3 Revolution and the Instrumentality of Law: Theories of Property in the American and French Revolutions  Bart Wauters 4 English Commercial Law in the Longue Durée: Chasing Continental Shadows  Sean Thomas 5 The Italian Destiny of the French Code de commerce (19th Century)  Annamaria Monti 6 The Reception of the French Commercial Code in Nineteenth-Century Polish Territories: A Hollow Legal Shell  Anna Klimaszewska 7 Development of the medical malpractice law and legal instrumentalism in the Antebellum America  Marcin Michalak 8 The Contractual Third-Party Notion: Beyond the Principle of the Relativity of Contracts: The Comparative Legal History as Methodological Approach  Sara Pilloni 9 Civilian Arguments in the House of Lords’ Judgments: Regarding Delictual (Tortious) Liability in 20th and 21st Century  Łukasz Jan Korporowicz 10 Usucapio in Era of Real Estate Title Registration Systems  Beata J. Kowalczyk 11 In the Name of the Republic: Family Reform in Late Nineteenth and Early Twentieth-Century France and China  Mingzhe Zhu 12 The Private Law Codification as an Instrument for the Consolidation of a Nation from Inside: Estonia and Latvia between two World Wars  Marju Luts-Sootak, Hesi Siimets-Gross, Katrin Kiirend-Pruuli 13 Reluctant Legal Transplant: United States Moral Rights as Late 20th Century Honor Law  Steven Wilf Index

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Book SynopsisThe European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions. That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.Trade Review“[Peter Kempees’s] analysis of the case-law of the European Court of Human Rights contributes significantly to academic discussion on the scope of application of the European Convention on Human Rights in relation to governmental action of States Parties throughout the world. … All in all, it is a well-documented work.” Lt Col J.J.M. van Hoek LLM, Netherlands Military Law Review "...an important piece of legal scholarship on the law of the European Convention on Human Rights" Linos-Alexandre Sicilianos, President of the European Court of Human Rights (2019-2020).

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Book SynopsisThis book is an essential contribution to understanding Russian law for English speakers. In a time when the energy markets in Europe are changing away from Russian dependence on oil and gas, Dr Svendsen explains what the legal consequences will be if we would experience cross-border harm as a result of an oil spill from offshore installations on the Norwegian and the Russian side of the sea border in the Barents Sea. This book examines Russian and Norwegian rules governing liability, choice-of-law, recognition and enforcement, damage, third-party losses, environmental harm, and valuation of environmental harm.Table of ContentsList of Figure part 1 Introduction 1 Introduction  1.1 Introduction  1.2 Background  1.3 The Absence of International Legal Agreements Regulating Oil Pollution Damage from Offshore Subsoil Activities  1.4 The Barents Sea  1.5 Limitations and Assumptions throughout the Book 2 Sources of Law in Norway and Russia  2.1 Introduction  2.2 Sources of Law – Norway  2.3 Sources of Law – Russia  2.4 Some Comments on Legal Reasoning  2.5 Materials Used 3 Principles and Considerations in Norwegian and Russian law  3.1 Introduction  3.2 The Use of the Terminology ‘Legal Principle’ in This Book in Relation to Norwegian and Russian Law  3.3 The International Environmental Polluter Pays Principle – from an Economic to a Multi-version Principle  3.4 Common Consideration in Norwegian and Russian Law  3.5 Norwegian National Considerations with Respect to Chapter 7 of the Petroleum Act  3.6 Russian National Considerations  3.7 Comparative Notes  3.8 Conclusions 4 Liability for Pollution Damage in the Barents Sea  4.1 Introduction  4.2 Liability for Pollution Damage in Norway  4.3 Liability for Pollution Damage in Russia part 2 Procedural Law Issues: Choice-of-Law, and Recognition and Enforcement of Foreign Judgments 5 Choice of Law Rules in the Petroleum Act and the Civil Code  5.1 Introduction  5.2 Two Cross-Border Pollution Scenarios  5.3 A Harmed Russian Party Filing a Claim for Compensation in a Norwegian Court for Harm Inflicted to the Russian Party, When Located in the Russian Part of the Barents Sea, by a Norwegian Company Located in the Norwegian Part of the Barents Sea  5.4 A Harmed Norwegian Party Filing a Claim for Compensation in a Russian Court for Harm Inflicted to the Norwegian Party Located in the Norwegian Part of the Barents Sea by a Russian Company Located in the Russian Part of the Barents Sea  5.5 Conclusion of Choice of Law 6 Recognition and Enforcement of Foreign Judgments in National Courts Absent an International Agreement (Enforcement of Norwegian Judgments in Russian Courts and Russian Judgments in Norwegian Courts)  6.1 Introduction  6.2 European Recognition and Enforcement Regimes of Foreign Judgments in Civil and Commercial Matters  6.3 Norwegian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters  6.4 Russian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters  6.5 Conclusion of Recognition and Enforcement of Foreign Judgments Part 3 Substantive Law Issues: Examining Compensability through the Concept of Damage, Losses Suffered by Third Parties, and Harm to the Environment and Its Valuation and Calculation 7 The Definition and Understanding of the Norwegian Concept of “Damage” under the Petroleum Act and the Russian Concept of “Harm” under the Federal Continental Shelf Law and the Federal Environmental Protection Law  7.1 Introduction  7.2 Norwegian Law  7.3 Russian Law  7.4 Comparative Analysis  7.5 Conclusion of Chapter 7 8 Compensability of Losses Suffered by Third Parties: Establishing Protection in Delict Law and Limitation of This Liability through Causation  8.1 Introduction  8.2 Historical Prelude  8.3 Pure Economic Loss and Losses Suffered by Third Parties  8.4 Norwegian Law: the Establishment of Protection in Delict Law and Limitation of Liability through Proximity in Causality and Balancing of Interests  8.5 Russian Law – the Concept of “Unreceived Income”  8.6 Comparative Analysis  8.7 Conclusion on Losses Suffered by Third Parties 9 Compensability of Harm to the Marine Natural Environment Caused by Petroleum Spills  9.1 Introduction  9.2 Values Attributable to the Environment  9.3 Norwegian Law  9.4 Russian Law  9.5 Comparative Analysis  9.6 Conclusion of Chapter 9 10 The Valuation and Calculation of Compensable Damage to the Environment  10.1 Introduction  10.2 The Primary Valuation and Calculation Methods  10.3 The Norwegian Approach to Restoration and Replacement Costs  10.4 The Russian Approach: Market Valuation and Mathematical Formulas  10.5 Comparative Analysis  10.6 Conclusion 11 Conclusions and Policy Recommendations  11.1 Introduction  11.2 Conclusions and Summary of the Book  11.3 Policy Recommendations Annexes Bibliography Index

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Book SynopsisWhat makes the relationship between Switzerland and the EU so challenging? For both parties, mutual relations are of crucial importance, not least economically. As a result of the Swiss voters’ rejection of the European Economic Area 30 years ago, there is at present a large number of agreements that provide for Switzerland's partial participation in the EU's internal market as well as other matters. At the same time, there has now for more than a decade been an increasing degree of institutional and legal uncertainty. The present volume offers an inventory of different sides of this special relationship, which is interesting also in a comparative context.Table of ContentsPreface Acknowledgements List of Figures Abbreviations Notes on Contributors – Excluding the Editors, Marc Maresceau and Christa Tobler Introduction Switzerland and the EU: A Challenging Relationship   Marc Maresceau and Christa Tobler 1 The Policy of Autonomous Adaptation of Swiss Law to EU Law   Matthias Oesch and Mattia Brugger 2 The Agreement on the Free Movement of Persons From the (Almost) Complete Integration of EU acquis on Social Security Coordination to the Absence of Integration of Directive 2004/38   Pauline Melin 3 Sectoral Bilateralism Lessons from the Case Law of the Court of Justice of the European Union   Peter Van Elsuwege 4 The Swiss Posted Workers Act and Free Movement of Services between Switzerland and the European Union   Kurt Pärli 5 covid-19, Switzerland and the EU Pandemic-Related EU Action and Its Legal Effect on Switzerland as Compared to the eea efta States   Christa Tobler 6 Switzerland’s Structural Participation in EU Agencies   Merijn Chamon 7 The Case-by-case Cooperation between the EU and Switzerland in Foreign Policy, Security and Defence   Christophe Hillion 8 The Road to Tax Transparency in Switzerland   Hans-Joachim Jaeger and Katharina Manz 9 A Comparison between the Swiss Cohesion Payments and the eea and Norway Grants   Benedikt Pirker 10 The Shelved Institutional Agreement eu-ch from a Political Science Perspective   René Schwok 11 Switzerland and the EU The Failure of the Institutional Agreement from a Legal Perspective   Christine Kaddous 12 The Federal Council’s Suggested Sectoral Approach Post-26 May 2021 and the Future of EU-Swiss Trade Relations   Michael Hahn 13 Switzerland-UK Trade Relations: A Future Planned by the Past? An Overview of the Trade Agreement between Switzerland and the United Kingdom and Related Agreements   Georges Baur Index

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Book SynopsisWhat is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state implementation of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding practice, promotion, transmission, protection, and access to spiritual heritage.Table of ContentsForeword Introduction  Claude Gélinas, Sébastien Lebel-Grenier and Raphaël Mathieu Legault-Laberge The Pachamama, the Trojan Horse of an Indigenous Ontological Diplomacy at the Convention of Biological Diversity?  Ingrid Hall Spiritual, Religious or Cultural? Religion and Sámi Human Rights in the Nordic Countries  Helge Årsheim Indigenous Religious Rights in India  Virginius Xaxa Australia Has Failed to Protect the Religious Rights of Its Indigenous People  Ernst Willheim Kanak Custom and Ancestral Culture in Colonial Context  François Féral The Ainu Struggle for Sovereignty and Religious Freedom  Takeshi Kimura Indigenous Religious Rights in the United States  Allison M. Dussias The Colonial Overtones of Indigenous Religious Rights in Canada  Claude Gelinas The Fundamental Right to Freedom of Religion for Indigenous Peoples in Chile: Intersections with Territorial Rights and Cultural Integrity  Leslie Cloud Exploring the Historical Impact of Colonialism on Indigenous Religious Rights in Nigeria  Abiodun Akeem Oladiti Recognition and Denial of Indigenous Religious Rights in East and Central Africa  Guy Bucumi Indigenous Religious Rights in Taiwan: The Invisibility of Animism in Modern State Law  Scott Simon Integration or Separation? Religious Freedom in Post-Authoritarian Indonesia:The Case of the Indigenous Kaharingan Religion in Central Kalimantan  Mirza Satria Buana From Marginalisation to Self-determination: The Long Walk of First Nations’ Religious Rights in Bolivia  Raphaël Mathieu Legault-Laberge Index

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Book SynopsisThough European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.Table of ContentsPreface 1 The Development of Administrative Law: Fact and Theory 1 Two Visions of Administrative Law 2 Public Administration without Administrative Law 3 Administrative Law as a Defining Aspect of the New State of the World 4 The Transformation of Administrative Law 5 A New Comparative Inquiry 6 Limits to the Inquiry 7 Structure of the Inquiry Part 1 A Diachronic Comparison 2 Judicial Review of Administration: Institutional Design 1 England and France: Ideal-types and Prototypes 2 The Reception of the English Prototype: Belgium and Italy 3 The Reception of the French Prototype: Italy and Belgium 4 The Austro-German Prototype 5 French Systematics in Germany 6 German Systematics in Italy 7 Beyond the State: Judicial Remedies in the European Communities 3 The Judicial Construction of General Principles (1890–1910) 1 An Empirical Analysis 2 Administrative Litigation: Similar Problems 3 Devising Solutions: Legality and Procedural Fairness 4 Devising Solutions: Government Liability 5 The Role of Judge-Made Law and the Place of Legal Theory 6 The Emergence of Common Principles 4 Sowing the Future: Austrian Administrative Procedure Legislation 1 Early Views on the Codification of Administrative Procedure 2 The Austrian Turn: Background 3 The Austrian Turn: Principles 4 An Area of Agreement between Legal Systems 5 A Case of Diffusion 6 The Wider Reach of Austrian Ideas 5 The Development of Administrative Procedure Legislation 1 Moving towards Administrative Procedure Legislation 2 Socialist Legal Systems and the Austrian Legacy 3 Spanish Legislation and Its Diffusion in Latin America 4 The Scandinavian Standard of Fair Procedure 5 Types of States and Administrative Procedure Legislation Part 2 A Synchronic Comparison 6 Commonality and Diversity in Administrative Procedure Legislation 1 The Diversity of Constitutional Foundations 2 The Heterogeneity of Administrative Procedure Legislation 3 An Area of Agreement: Administrative Adjudication 4 The Closest Things to Invariants: Hearings 5 The Closest Things to Invariants: Giving Reasons 6 Diversity: Rulemaking 7 A Factual Analysis: Adjudication 1 Hypothetical Cases 2 Freedom from Bias 3 The Unfair Dismissal of a Civil Servant 4 A License Revocation Inaudita Altera Parte 5 Administrative Detention without Reasons 6 Consultation: The Role of Experts 7 An Area of Agreement 8 A Factual Analysis: Rulemaking 1 Variety of Administrative Rules 2 Standardless Discretion? 3 Consultation before Policy Change 4 Partially Unpublished Rules 5 An Unexpected Area of Agreement 9 Governmental Wrongdoing 1 A Worst-Case Scenario 2 Further Consequences of Procedural Unfairness in Adjudication 3 Contracts: The Unlawful Exclusion of a Tenderer 4 The Violent Police Officer 5 Conclusion Part 3 Commonality and Diversity: An Evolving Relationship 10 Explaining Diversity 1 The Causes of Commonality and Diversity 2 Context Matters: History 3 Context Matters: Mentalités in Public Law 4 Policy Considerations and Change 5 Diverging Traditions: Rules and Legal Formants 6 The Legal Relevance of National Traditions 11 Explaining Commonality 1 The Legacy of ius commune: A Qualified View 2 The ‘Nature of Things’ 3 Legal Transplants: Authority, Prestige, and Quality 4 General Principles 5 Legal Harmonization 6 Institutional Isomorphism 7 The Growing Impact of Common Standards 12 The ‘Common Core’ of Administrative Laws: Concept, Nature, and Extent 1 Factual Analysis and Theory Development 2 The Common Core: An Overview of the Argument to Come 3 The Common Core: Concept and Issues 4 A Dynamic View of the Common Core 5 The Nature of the Common Core 6 The Extent of the Common Core 7 The Variety of Uses of the Common Core Index

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