International law Books

Book SynopsisA timely examination of the impact of Australia’s antiterror laws after September 11, and the new 2014 terror laws.Over ten years after Australia’s first national laws were enacted to combat the threat of terrorism, yet more antiterrorism laws were passed in the Australian Parliament in late 2014. Yet again, powers and sanctions once thought to lie outside the rules of a liberal democracy except during wartime, have become part of Australian law.Timely and piercing, this book asks whether Australia really needed to enact anti-terrorism laws in the first place, let alone add to them. Do the new laws pose increased threats to freedom of speech and freedomof the press? Has the first set of laws been effective in protecting the community? And most tellingly, the book asks whether seeing these anti-terror laws as normal is adanger in itself.

Read more less

Book Synopsis

Read more less

Book SynopsisA considerable volume of international financial business is carried on in Guernsey, a near independent jurisdiction with close constitutional links to Britain about to celebrate the 800th anniversary of its status. Guernsey law is distinct from English law, drawing on its own history and traditions as well as modern English legal principles and those of other jurisdictions. Laws of Guernsey is the first textbook of modern times to introduce the core areas of Guernsey law and court procedure. It is essential reading for the many individuals and entities with business either in Guernsey or governed by Guernsey law. It will be of particular interest and assistance to lawyers from other jurisdictions concerned with Guernsey law issues, whether litigation, succession, insurance, employment or anything else; likewise the book will assist insurers, bankers, trustees and financial services professionals generally. The book includes a foreword written by the Bailiff of Guernsey, the Island's senior judge. The following principal areas are introduced: Company and commercial law; trust law; income tax law; law of succession; property law; employment law; health and safety at work law; tort law; contract law; civil procedure and injunctions; criminal law and procedure; anti-money laundering legislation. The book includes various legislative materials and many cross-references to English law in particular, likewise to French law. Contents: Foreword by the Bailiff of Guernsey; Acknowledgements; Abbreviations; Table of Cases; Table of Laws, Statutes and other legislative materials; Table of Orders of the Royal Court, Rules, Practice Directions etc.; Table of Bailiffs from the time of the Restoration; Introduction; 1) Sources of Guernsey Law and the Force of Precedent; 2) The Constitution of the Bailiwick of Guernsey; 3) The Review of Administrative Decisions; 4) The Housing Control and Right to Work Legislation; 5) Control of Development; 6) Family Law; 7) Guardianship (Tutelle and Curatelle); 8) Law of Trusts: The Trusts (Guernsey) Law 1989; 9) Succession Laws of the Bailiwick; 10) Income Tax; 11) Insolvency; 12) Security Interests; 13) Control of Borrowing; 14) Financial Services Regulation in the Bailiwick; 15) Guernsey Company Law; 16) Employment Law; 17) Health and Safety at Work Law; 18) Civil Courts and Procedure; 19) Injunctions, Arrets and the Clameur de Haro; 20) Conflict of Laws; 21) Criminal Courts and Procedure; 22) Evidence in Civil and Criminal Proceedings in Guernsey; 23) Guernsey Law of Realty and Leases; 24) Guernsey Law of Tort and Contract; 25) Epilogue; Appendices; Bibliography; IndexTrade ReviewBy balancing a legal academic analysis with a rigorous evaluation of policy proposals for the integration of human rights at the Bank and Fund, Darrow appeals to a broad audience of policymakers, international legal experts, and human rights advocates. He bridges a gap between theory and practice in the existing literature on the law of international institutions. Galit A. Sarfaty American Journal of International Law July 2004 Alongside popular critiques of the IFIs, a body of academic commentary on their activities, particularly in relation to environmental and human rights issues, has been growing..[this] is the most significant recent contribution to these efforts, and a worthwhile one...One of the great strengths of this book is its engagement with the issues in a concrete and practical manner...The book will be of greatest interest to students and academics concerned with human rights and/or the IFIs but it also deserves wider attention. New Zealand Law Journal August 2004Table of ContentsForeword by the Bailiff of Guernsey; Acknowledgements; Abbreviations; Table of Cases; Table of Laws, Statutes and other legislative materials; Table of Orders of the Royal Court, Rules, Practice Directions etc.; Table of Bailiffs from the time of the Restoration; Introduction; 1) Sources of Guernsey Law and the Force of Precedent; 2) The Constitution of the Bailiwick of Guernsey; 3) The Review of Administrative Decisions; 4) The Housing Control and Right to Work Legislation; 5) Control of Development; 6) Family Law; 7) Guardianship (Tutelle and Curatelle); 8) Law of Trusts: The Trusts (Guernsey) Law 1989; 9) Succession Laws of the Bailiwick; 10) Income Tax; 11) Insolvency; 12) Security Interests; 13) Control of Borrowing; 14) Financial Services Regulation in the Bailiwick; 15) Guernsey Company Law; 16) Employment Law; 17) Health and Safety at Work Law; 18) Civil Courts and Procedure; 19) Injunctions, Arrets and the Clameur de Haro; 20) Conflict of Laws; 21) Criminal Courts and Procedure; 22) Evidence in Civil and Criminal Proceedings in Guernsey; 23) Guernsey Law of Realty and Leases; 24) Guernsey Law of Tort and Contract; 25) Epilogue; Appendices; Bibliography; Index 6. Family Law 7. Guardianship (Tutelle and Curatelle) 8. Law of Trusts: The Trusts (Guernsey) Law 1989 9. Succession Laws of the Bailiwick 10. Income Tax 11. Insolvency 12. Security Interests 13. Control of Borrowing 14. Financial Services Regulation in the Bailiwick 15. Guernsey Company Law 16. Employment Law 17. Health and Safety at Work Law 18. Civil Courts and Procedure 19. Injunctions,Arrets and the Clameur de Haro 20. Conflict of Laws 21. Criminal Courts and Procedure 22. Evidence in Civil and Criminal Proceedings in Guernsey 23. Guernsey Law of Reality and Leases 24. Guernsey Law of Tort and Contract 25. Epilogue

Read more less

Book SynopsisThe essays in this volume attempt to explore and elucidate some of the legal and constitutional complexities of the relationship between the EU and the WTO, focusing particularly on the impact of the latter and its relevance for the former. The effect of WTO norms is evident across a broad range of European economic and social policy fields, affecting regulatory and distributive policies alike. A number of significant areas have been selected in this book to exemplify the scope and intensity of impact, including EC single market law, external trade, structural and cohesion funding, cultural policy, social policy, and aspects of public health and environmental policy. Certain chapters seek to examine the legal and political points of intersection between the two legal orders, and many of the essays explore in different ways the normative dimension of the relationship between the EU and the WTO and the legitimacy claims of the latter.Trade Review…the various chapters provide a useful and well-informed account of the evolution of EU-WTO relations, even for those who find constitutionalisation a distant horizon. -- Joanna Gomula, University of London * Europarttslig Tidskrift *All in all, this is a very important book on a very important issue for international lawyers; for academics with a special interest in international economic law (or, more modestly, in WTO law) it is essential reading. -- Peter Hilpold, University of Innsbruck * European Journal of International Law *Table of Contents1. The Impact of the WTO on EU Decision-making Gráinne de Búrca and Joanne Scott 2. The EU and the WTO: Constitutionalism in a New Key Neil Walker 3. The WTO and the EU: Some Constitutional Comparisons Peter Holmes 4. European and International Constitutional Law: Time for Promoting ‘Cosmopolitan Democracy’ in the WTO Ernst-Ulrich Petersmann 5. Fundamental Right or Political Whim? WTO Law and the European Court of Justice Steve Peers 6. Collision, Co-existence or Co-operation? Prospects for the Relationship between WTO Law and European Union Law Armin von Bogdandy and Tilman Makatsch 7. Neutrality or Discrimination? The WTO, the EU and External Trade Marise Cremona 8. The WTO and EU Distributive Policy: the Case of Regional Promotion and Assistance Thomas Cottier and Christophe Germann 9. Constitutional Concepts for Free Trade in Services Piet Eeckhout 10. Trade in Culture: International Legal Regimes and EU Constitutional Values Bruno de Witte 11. Is there any Such Thing as Free or Fair Trade? A Constitutional Analysis of the Impact of International Trade on the European Social Model Miguel Poiares Maduro 12. The WTO Impact on Internal Regulations: A Case Study of the Canada–EC Asbestos Dispute Rob Howse and Elisabeth Tuerk

Read more less

Book SynopsisThis study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter of the United Nations. In doing so it departs from the premise that an analysis of the limitations to the powers of the Security Council and an analysis of judicial review of such limitations by the ICJ, respectively, are inter-dependent. On the one hand, judicial review would only become relevant if and to the extent that the powers granted to the Security Council under Chapter VII of the Charter are subject to justiciable limitations. On the other hand, the relevance of any limitation to the powers of the Security Council would remain limited if it could not be enforced by judicial review. This inter-dependence is reflected by the fact that Chapters 2 and 3 focus on judicial review in advisory and contentious proceedings, respectively, whereas Chapters 4 to 9 examine the limits to the powers of the Security Council. The concluding chapter subsequently illuminates how the respective limits to the Security Council's enforcement powers could be enforced by judicial review. It also explores an alternative mode of review of binding Security Council decisions that could complement judicial review by the ICJ, notably the right of states to reject illegal Security Council decisions as a 'right of last resort'. The space and attention devoted to the limits to the Security Council's enforcement powers reflects the second aim of this study, namely to provide new direction to this aspect of the debate on the Security Council's powers under Chapter VII of the Charter. It does so by paying particular attention to the role of human rights norms in limiting the type of enforcement measures that the Security Council can resort to in order to maintain or restore international peace and security.Trade Review...the book manages to add thoughtful insights into a core question of the law of international organizations...De Wet presents her arguments in a lucid and enlightening way. The book is very well written; it introduces the reader into highly complex areas of the law in a straightforward and accessible fashion. August Reinisch Austrian Review of International and European Law, Vol 9 2004 ...a comprehensive in-depth analysis that deserves high praise...an important addition to the existing literature and is therefore warmly recommended... Robin Geiss German Yearbook of International Law, Vol 48 2005 ...rich, thorough and substantial...The issues identified for analysis by the author are important and the analyses are solid and rigorous. Sienho Yee Chinese Journal of International Law, Vol 5, No. 2 July 2006 ...forces readers to reexamine the ahistorical premise...that the post-Cold War Council is now, for the first time, 'functioning as was originally intended under the United Nations Charter' (p.17). Jose E. Alvarez American Journal of International Law, Vol. 99, No. 4 October 2005 This intriguing analysis of the contemporary work of the Council is well-written, well supported by ample references to research authorities, and organized in a way which logically leads to its raison d'tre. This is a provocative and fascinating contribution to the dearth of comprehensive literature on the potential for judicial review of UN Security Council actionthis is undoubtedly a 'must' for all collections. Any student or teacher of International Law and the United Nations should obtain this creative analysis. It fills a gap that many have heretofore not minded. American Society of International Law Newsletter November 2004 This study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter. F. De Stratis ERPL/REDP, Vol 17, No 3, Autumn 2005 2005Table of Contents1 Introduction Part I: Judicial Review 2 Advisory Opinions of the International Courts of Justice (ICJ) as a Mechanism for Judicial Review 3 Judicial Review as an Emerging General Principle of Law and its Implications for Contentious Proceedings Before the ICJ Part II: Limitations to the Security Council’s Chapter VII Powers 4 Limits to the Security Council’s Discretion under Article 39 of the Charter 5 An Overview of the Substantive Limits to the Security Council's Discretion under Articles 40, 41 and 42 of the Charter 6 Limits to the Security Council's Discretion to Impose Economic Sanctions 7 Limits to the Security Council's Discretion to Authorise States and Regional Organisations to use Force 8 Limits to the Security Council's Discretion to Authorise the Civil Administration of Territories 9 Limits to the Security Council's Discretion to Adopt (Quasi-) Judicial Measures 10 Conclusion

Read more less

Book SynopsisThe international protection regime for refugees and other forced migrants seems increasingly at risk as measures designed to enhance security-of borders, of people, of institutions, and of national identity-encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the international protection regime, with a particular focus on the human rights of those displaced. The book begins by assessing the impact of anti-terrorism laws on refugee status, both at the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms and extraterritorial processing on asylum seekers' access to territory and entitlements (both procedural and substantive). It considers the particular needs and rights of children as forced migrants, but also as children; the role of human rights law in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makers in assessing the credibility of evidence; and the scope for an international judicial commission to provide consistent interpretative guidance on refugee law, so as to overcome (or at least diminish) the currently diverse and sometimes conflicting approaches of national courts. The last part of the book examines the status of people who benefit from 'complementary protection'-such as those who cannot be removed from a country because they face a risk of torture or cruel, inhuman or degrading treatment or punishment-and the scope for the broader concept of the 'responsibility to protect' to address gaps in the international protection regime.Trade Review...any publication within the McAdam repertoire is approached with high expectations and this edition is no exception to the standard set in earlier works. Lisa Yarwood International Journal of Refugee Law Vol 21, no 2, July 2009 [The] papers, by leading academic figures in the broad field of international law and human rights, will serve as a handy tool of research for students, practitioners, historians and all others interested in the plight of involuntary migrants caught up in a constantly changing political environment across the globe. Ramnik Shah The Journal of Immigration, Asylum and Nationality Law Vol 23, No 2, 2009 The findings of the book will make a valuable contribution to the ever ongoing discussion on the protection of persons in need of protection. Karin Zwaan European Journal of Migration and Law Volume 10, Number 4, 2008Table of Contents1. Forced Migration: Refugees, Rights and Security Guy S Goodwin-Gill 2. Resolution 1373-A Call to Pre-empt Asylum Seekers? (or 'Osama, the Asylum Seeker') Penelope Mathew 3. National Security and Non-Refoulement in New Zealand: Commentary on Zaoui v Attorney-General (No 2) Rodger Haines QC 4. Offshore Barriers to Asylum Seeker Movement: The Exercise of Power without Responsibility? Savitri Taylor 5. The Legal and Ethical Implications of Extraterritorial Processing of Asylum Seekers: The 'Safe Third Country' Concept Susan Kneebone 6. Re-thinking the Paradigms of Protection: Children as Convention Refugees in Australia Mary Crock 7. Wearing Thin: Restrictions on Islamic Headscarves and Other Religious Symbols Ben Saul 8. Subjectivity and Refugee Fact-Finding Arthur Glass 9. Towards Convergence in the Interpretation of the Refugee Convention: A Proposal for the Establishment of an International Judicial Commission for Refugees Anthony M North and Joyce Chia 10. The Refugee Convention as a Rights Blueprint for Persons in Need of International Protection Jane McAdam 11. The Responsibility to Protect: Closing the Gaps in the International Protection Regime Erika Feller

Read more less

Book SynopsisThis book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.Trade Review...a succinct, but authoritative, overview that is suitable for the many law and undergraduate course now offered in this rather popular but gruesome subject. Amercian Society of International Law newsletter Issue 39 May 2009 Robert Kolb's and Richard Hyde's "Introduction to the International Law of Armed Conflicts"... is not only timely, but in fact closes a significant gap in the didactic legal literature...This contribution reflects a formidable balance between the simplicity and accessibility of an introductory volume and the comprehensiveness and depth of a full-fledged legal textbook...Students constitute the target audience ...and I highly recommend ths instructive contribution to them. Robert Geia German Yearbook of International Law Vol. 51, 2008 Resolument oriente vers l'apprentissage, cet ouvrage constitue un veritable qui rendra service aux jurists en formation ainsi qu'a toute personne ayant a connaitre les bases du droit international humanitaire. S.R.-C Annuaire Francais de Droit International October 2009 The educational role of this book is evident, as each section, covering roughly 5-15 pages, includes a learning objective, an analysis of the topic discussed and a comprehension check with questions and answers. This last part is equally interesting and worth reading, as it provides further clarifications of the law or gives practical examples on how the law should be interpreted and applied in practice. The book is not technical, as it is written in simple and accessible language for every student or professional, who is interested in humanitarian law and is not familiar with the topic. Additionally it could serve as a textbook for academic use or as a tool of dissemination of humanitarian law rules to the general public. As the titles reveals, it is an introduction and therefore it is not addressed to people with substantial prior knowledge in the law of armed conflict. On the other hand it offers much more than just a basic introduction, while it is also comprehensive enough, without the need to resort to the text of the relevant treaties. Overall the book provides the essential information on the law of armed conflict, while it functions as an appetizer for a deeper study of this area. Konstantinos Mastorodimos Web Journal of Current Legal Issues 2010, Issue 4Table of ContentsPart I Introduction 1. The Law of Armed Conflict as a Branch of Public International Law 2. Jus Ad Bellum: Main Components 9 3. Jus In Bello: Main Components 4. The Separation Between Jus Ad Bellum and Jus In Bello in Modern International Law: Equality of the Belligerents and Just War 5. Total War and Limited War Part II The Law of Armed Conflicts 6. Historical Evolution of the LOAC 7. Basic Principles of the LOAC 8. Main Sources of the LOAC 9. The Martens Clause 10. International and Non-International Armed Conflicts 11. Applicability of the LOAC: Material Scope of Applicability 12. Applicability of the LOAC: Personal Scope of Applicability 13. Applicability of the LOAC: Spatial Scope of Applicability 14. Applicability of the LOAC: Temporal Scope of Applicability 15. Applicability of the LOAC by Special Agreements 16. The Role of the International Committee of the Red Cross 17. Targeting: the Principle of Distinction Between Civilian and Military Objectives 18. Other Objectives Specifically Protected Against Attack 19. Prohibited Weapons 20. Perfidy and Ruses 21. Some Other Prohibited Means and Methods of Warfare 22. Belligerent Reprisals 173 23. Command Responsibility 24. Assistance, Respect and Protection of Wounded and Sick Military Persons 25. The Definition of Combatants 26. Protection of Prisoners of War 27. General Protection of Civilians 28. Occupied Territories (Belligerent Occupation) 29. The ‘Intangible’ Nature of the LOAC Rights 30. Protective Emblems 31. Sea Warfare 32. Non-International Armed Conflicts in Particular 33. The Relationship Between the LOAC and Human Rights Law 34. Neutrality 35. The Implementation of the LOAC

Read more less

Book SynopsisThe Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.Trade Review… this book provides an excellent analysis of the status of the principle of prohibition of abuse of law under EU law. It explores the consequences of the possible introduction of such a general principle on the development of EU law and Member State laws. It brings into the discussion ideas and arguments that in some cases were subsequently validated by the CJEU. The interdisciplinary nature of the book together with the wealth of material it includes make it truly unique—an invaluable source of reference for future discussions. -- Christiana HJI Panayi * British Tax Review No 5 2012 *The book has two particular merits. First, it is the result of a truly interdisciplinary debate bringing together EU lawyers, tax lawyers and comparative lawyers with different interests, perspectives and areas of expertise...A second strength is that the various contributions do not only examine the most recent milestone cases of the ECJ with regard to abuse of rights, but also carry out a thorough retrospective analysis from the 1970s until today...As a result of these two main merits, the book follows a clear and coherent structure. ...the book under review can without doubt be qualified as the first comprehensive standard work on the topic of abuse of rights in EU law. The book is truly innovating, since it offers for the first time a coherent and integrated interdisciplinary study of the concept of abuse of rights at the EU level. Moreover, the views and suggestions offered in the book will undeniably serve as an important source of inspiration for future discussions on abuse of rights. -- Annekatrien Lenaerts * Common Market Law Review Volume 49, 2012 *The book is of great interest to scholars of EU law, private international law and taxation, as well as national legislatures and practitioners in all of these areas. The red thread that connects the various instances of prohibition of abuse, making it possible to gain an overview of the emerging principle, could only be spun by bringing together researchers from different areas, complementing each other’s presentations, and thus allowing for true, in-depth comparative research, for which the editors deserve to be commended. -- Talia Einhorn * Rabels Zeitschrift fuer auslaendisches und internationales Privatrecht, Volume 78 *Table of ContentsI Introduction Introducing the Principle of Prohibition of Abuse of Law Rita de la Feria xv II The Framework: General Principles of EU Law and the Prohibition of Abuse 1 Prohibition of Abuse of (European) Law: The Creation of a New General Principle of EC Law through Tax: A Response Paul Farmer 2 What is a General Principle of EU Law? Anthony Arnull 3 What is a General Principle of EU Law? A Response Karsten Engsig Sørensen 4 The Abuse of Rights in the Civil Law Tradition James Gordley III The Origins: Free Movement of Services 5 Fitting 'Abuse of Rights' into EU Law Governing the Free Movement of Goods and Services Stephen Weatherill 6 Free Movement of Broadcasting Services and Abuse of Law Dimitrios Doukas 7 The Notion of Abuse and the Freedom to Provide Services: A Labour Lawyer's Perspective Catherine Barnard IV The Development: Freedom of Establishment, Company Law and Competition Law 8 Sparking Regulatory Competition in European Company Law: The Impact of the Centros Line of Case Law and its Concept of 'Abuse of Law' Wolf-Georg Ringe 9 Sparking Regulatory Competition in European Company Law: A Response John Vella 10 Abuse of Law in the Context of European Insolvency Law Horst Eidenmüller 11 Abuse of European Insolvency Law? A Discussion John Armour 12 Abuse of Rights in EU Law: Some Reflections with Particular Reference to Financial Law Takis Tridimas 13 Comments on Abuse of Rights in EU Law Pierre Schammo V The Test: Free Movement of Goods and Common Agricultural Policy 14 The Emsland-Stärke Abuse of Law Test in the Law of Agriculture and Free Movement of Goods Panos Koutrakos 15 The Notion of and a General Test for Abuse of Rights: Some Normative Reflections Jukka Snell VI The Unknown: Private Law and International Civil Procedure 16 Abuse of Law in EU Private Law: A (Re-)Construction from Fragments Axel Metzger 17 Comments on 'Abuse of Law' in European Private Law Simon Whittaker 18 The Rejection of Abuse in International Civil Procedure Adrian Briggs 19 The Discreet Influence of Abuse of Law in International Civil Procedure Gilles Cuniberti VII The Exceptions? Free Movement of Workers and Citizenship 20 'Prohibition of Abuse of Law': A New General Principle of EU Law Jonathan Faull 21 'Abuse of Law' in the Context of the Free Movement of Workers Katja S Ziegler 22 Comments on Abuse of Law and the Free Movement of Workers Eleanor Spaventa 23 Citizenship of the Union: Above Abuse? Cathryn Costello 24 Some Comments on the Idea of a General Principle of Union Law Prohibiting Abuses of Law in the Field of Free Movement for Union Citizens Michael Dougan VIII The Confirmation? Tax Law 25 The Anatomy of Tax Avoidance Counteraction: Abuse of Law in a Tax Context at Member State and European Union Level Judith Freedman 26 Abuse of Law in the Context of Indirect Taxation: From (Before) Emsland-Stärke 1 to Halifax (and Beyond) Pasquale Pistone 27 Abuse of Law in the Context of Indirect Taxation: Why We Need the Subjective Intention Test, When is Combating Abuse an Obligation and Other Comments Dennis Weber 28 Cadbury Schweppes and Abuse from an EU Tax Law Perspective Frans Vanistendael 29 Cadbury Schweppes and Abuse: Comments Richard Lyal 30 Cadbury Schweppes' Line of Case Law from the Member States' Perspective Michael Lang 31 Cadbury Schweppes: Breach, Abuse Justification and Why They Are Different Julian Ghosh 32 A Single Principle of Abuse in European Union Law: A Methodological Approach to Rejecting a Different Concept of Abuse in Personal Taxation Ana Paula Dourado 33 Is There a Role for a European Principle Prohibiting Abuse of Law in the Field of Personal Taxation? A Comment Edwin Simpson 34 State Aid, Taxation and Abuse of Law Timothy Lyons 35 Comments on State Aid, Taxation and Abuse of Law Conor Quigley IX Conclusion 35 The Prohibition of Abuse of Law: An Emerging General Principle of EU Law Stefan Vogenauer

Read more less

Book SynopsisToday international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.Trade ReviewThe book's reflection upon the approaches, styles, and methods of this age and the past in the field of international law is both powerful and provocative, and the synthetic messages emanating from the myriad of strains of thought are of great force of persuasion. Its intensity in analysis and critique is remarkable, and the author does not mince his words. Given the book's distinct narrative style and the number of references to literature, it should be a recommended reading for postgraduate students and scholars in international law and international relations alike. The author's experience may be quite singular, but the viewpoint he possesses and reveals in the book is helpful to any that aspires to study and work in this field. -- Bing Bing Jia * German Yearbook of International Law, Volume 53 *Table of ContentsKoskenniemi: A Critical Introduction by Emmanuelle Jouannet Part I: The Politics of International Law 1. Between Apology to Utopia: The Politics of International Law 2. The Politics of International Law – 20 Years Later Part II: The Law and Politics of Collective Security 3. The Place of Law in Collective Security 4. 'The Lady Doth Protest Too Much': Kosovo, and the Turn to Ethics in International Law Part III: The Politics of Human Rights 5. The Effect of Rights on Political Culture 6. Human Rights, Politics and Love Part IV: Limits and Possibilities of International Law 7. Between Impunity and Show Trials 8. Faith, Identity, and the Killing of the Innocent: International Lawyers and Nuclear Weapons 9. International Law and Hegemony: a Reconfiguration 10. What is International Law For? Part V: The Spirit of International Law 11. Between Commitment and Cynicism: Outline for a Theory of International Law as Practice 12. Style as Method: Letter to the Editors of the Symposium 13. Miserable Comforters: International Relations as New Natural Law 14. The Fate of Public International Law: Between Technique and Politics

Read more less

Book SynopsisA novel and incisive investigation of the role of judicial precedents and customs in Russian law, this book examines the trends in the development of judge-made law in Russian civil law since the demise of the Soviet Union.Exploring the interrelated propositions that a certain creative element is intrinsic to the judicial function in modern legal systems, which are normally shaped by both legislators and judges and that the Russian legal system is not an exception to this rule, the author argues that the rejection or acceptance of judge-made law can no longer be sufficient grounds for distinguishing between common law and civil law systems for the purposes of comparative analysis.Divided into six chapters, it covers: the principles applied by judges when interpreting legal acts; analyzing a number of academic writings on this subject the boundaries of the realm of judge-made law and the problem of 'hard cases' and the factors, which make them 'hard' a taxonomy of forms in which Russian courts effectuate their law-creation functions current policies of courts in legal and socio-political matters joint-stock societies and arbitrazh courts. Estimating the degree of creativity within different branches of the Russian judiciary and explaining the difference in the approaches of various courts as well as setting-out proposals as to how the discrepancies in judicial practice can be avoided, Judicial Law-Making in Post-Soviet Russia is invaluable reading for all students of international law, comparative law, legal skills, method and systems and jurisprudence and philosophy of law.Table of ContentsIntroduction. Interpretation and Hard Cases. The Scope and Limits of Judicial Law-Making. The Forms of Judge-Made Law in Russia. The Problem of Uniform Judicial Interpretation in Matters Legal. Social and Political Issues in Courts. Conclusion

Read more less

Book SynopsisSince it first came into existence, antitrust law has become progressively more technical both in its form and in its manner of enforcement. Yet technicalities and doctrines give covert and not neutral solutions to a crucial dilemma which is of fundamental importance: how much private power is needed to preserve economic freedom from the intrusion of public power, and how much public power is needed to prevent private power becoming a threat to the freedom of others? In this lucidly written and challenging book, Giuliano Amato draws on his wide experience to examine the character of this dilemma and the way in which it has been addressed by legislatures and courts in the US and in Europe. His observations on the history and the doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the US challenge conventional thinking. They will also stimulate economists and lawyers as well as business and lay people to consider more closely the future of antitrust laws across the globe.Trade ReviewThe text of this important book is lucid and the interesting analysis - political, economic and legal - is clearly stated. The citations of legal and economic literature are well chosen. Professor Amato's perceptive thoughts on the differences between US and EC competition law and their philosophical development are warmly welcomed. Valentine Korah European Competition Law Review September 2002 ... this book is in my view essential reading for anybody interested in antitrust practice and policy Damien J. Neven Journal of World Trade Law September 2002 The book is well written and develops a number of challenging ideas in an accessible way...Its major strength is in the depth of the research and the copious references...As a concise history of antitrust laws, the book is indispensable. The ideas which it develops are challenging and serve as a valuable balance to the mass of economic analysis which purports to explain antitrust. Angus MacCulloch The Modern Law Review Vol 62, 1999Table of ContentsAntitrust - introduction; on the surface - the technical profiles; in the foundations - the dilemma of liberal democracy. Part 1 Technical profiles - the USA: protection of competition or of freedom or contract - from the common law to the Sherman Act, early years of the Sherman Act, prohibitions to protect market pluralism increase; today's subtle weapons - the Chicago School, evolution in the Supreme Court, trends in recent cases, the present position in summary. Part 2 Technical profiles - Europe: the heritage of history - Europe's industrial culture, the Freiburger Ordoliberalen School, early development of antitrust laws, antitrust in the European Community; "restrictive" agreements - the normative machinery, vertical agreements, horizontal agreements; abuse of a dominant position - "special responsibility", assessment of "dominant position", abuse as an "objective concept", individual types of abuse, in conclusion; prohibitions of dominant position - mergers - the ban and its limits, antitrust against public monopolies. Part 3 Antitrust and the bounds of power: drawing together the threads - original aims and later evolution, in the USA, in Europe, the limits to antitrust law, facing concentrated, competitive firms, changing markets - what remains?; the dilemma of liberal democracy - the dilemma of liberal democracy within the dilemma of efficiency, towards autonomy of European antitrust from other common policies, the global market and tomorrow's antitrust.

Read more less

Book SynopsisThis book provides a critical examination of the foreign policy choices of one typical small state, New Zealand, as it faces the changing global balance of power. New Zealand’s foreign policy challenges are similar with those faced by many other small states in the world today and are ideally suited to help inform theoretical debates on the role of small states in the changing international system. The book analyses how a small state such as New Zealand is adjusting to the changing geopolitical, geo-economic, environment. The book includes perspectives from some of New Zealand's leading as well as emerging commentators on New Zealand foreign policy. Table of ContentsFM.- Small Can Be Huge: New Zealand Foreign Policy in an Era of Global Uncertainty.- Part I: New Zealand foreign policy institutions and process.- The Urgent Versus the Important: How Foreign and Security Policy Is Negotiated in New Zealand.- The New Zealand Defence Force Role in New Zealand Foreign Policy.- Aid and Foreign Policy: New Zealand Development Assistance in the Pacific.- Small States in a New Era of Public Diplomacy: New Zealand and Digital Diplomacy.- Part II New Zealand's Bedrock Bilateral relationships.- Pragmatic Optimisation: Australia—New Zealand Relations in the 21st-Century.- New Zealand-US Relations in the Trump Era and Beyond.- A Strategic Partnership: New Zealand-China Relations in the Xi Jinping Era and Beyond.- Neighbours and Cousins: Aotearoa-New Zealand’s Relationship with the Pacific.- Like-Minded States: New Zealand–ASEAN Relations in the Changing Asia-Pacific Strategic Environment.- Escaping the UK’s Shadow: New Zealand and the European Union.- Dealing with a Proactive Japan: Reconsidering Japan’s Regional Role and Its Value for New Zealand’s Foreign Policy.- Russia Resurgent: The Implications for New Zealand.- Looking to the Future: Expanding New Zealand Foreign Relations Beyond Traditional Partnerships.- Part III: New Zealand and global governance.- Climate Change: Antarctic Geopolitics and the Implications for New Zealand Foreign Policy.- A Small State in the Global Commons: New Zealand’s Approach to Climate Change.- New Zealand’s Trade Policy.- Small States and International Organisations: New Zealand’s Diversifying International Engagement.- New Zealand and Disarmament: Where National and Global Interests Converge.- Part IV: Exploring all our options.- Meeting New Zealand’s Peace and Security Challenges Through Disarmament and Nonviolence.- Principled Small Nation or Stalwart Ally? New Zealand’s Independent Foreign Policy.- Small States and the Changing Global Order: What Small State Theory Can Offer New Zealand Foreign Policymaking.

Read more less

Book SynopsisWith this Liber Amicorum, around 50 contributors from the legal and judicial professions, from academia and from politics pay tribute to Dr Wolfgang Heusel, the Director of the Academy of European Law (ERA) in Trier from 2000 to 2020. The contributions provide a thorough analysis of some of the most relevant legal and political challenges faced by the European Union, including in the fields of data protection rules, artificial intelligence, the rule of law, human rights protection, institutional reform of the EU and changes in the legal and judicial professions. The book is primarily aimed at postgraduate students, legal practitioners and scholars interested in EU legal matters.Table of Contents

Read more less

Book SynopsisIntroduction.- First Part: Amicus Curiae Background, Typology, and Definitions.- Amicus Curiae Definitions and Interpretations.- The Advantages and Disadvantages of the Amicus.- The Historical Development of Amicus Curiae and the Reasons for its Emergence.- Second Part: The Phenomenon of the Amicus Curiae and the Rise of Third Parties in the Trial.- The Common Law.- International Law.- The Civil Law.- Third Part: The Amicus Curiae Phenomenon Causes, Explanations, and Meaning.- The Changes that Took Place in the Judicial System.- The Changes in the Judicial System and the Amicus Phenomenon.- Summary and Conclusions.

Read more less

Book SynopsisPart I Introduction.- Vedran Ðulabic: Study of regionalism and regional self-government in South-Eastern Europe.- Part II Country experiences.- Vedran Ðulabic: Regionalisation and regional self-government in Bosnia and Herzegovina: complex institutions in a highly complex and divided state.- Mihovil Škarica: Disputes about regionalisation and regional self-government in Croatia.- Petrit Nimani: Local and regional self-government in Kosovo: building democratic institutions in a young state.- Veran Stancetic: Local and regional self-government in Montenegro.- Milena Gjurovska: Institutions of territorial self-government in North Macedonia: is there need for a change.- Jelena Jerinic: Regional self-government in Serbia: at odds with reality.- Iztok Rakar, Irena Baclija Brajnik: Slovenian regional self-government that lives only in (draft) laws.- Part III Cross-cutting issues.- Tijana Vukojicic Tomic, Ružica Jakeševic, Siniša Tatalovic: Regionalism and regional self-government as potential answer to position of ethnic minorities in the South-Eastern Europe.- Višeslav Raos: Regional Political Movements in the South-Eastern Europe.- Iva Lopižic: Interplay between deconcentrated state administration and regional self-government in the South-Eastern European countries.- Part IV Conclusion.- Vedran Ðulabic: Common roots but different paths of regionalism and regional self-government in South-Eastern Europe.

Read more less

Book SynopsisIntroduction.- Part I - The Background to the New Relationship between the UK and the EU.- A historical perspective of the UK in Europe.- The impact of Brexit on UK constitutional law and politics.- Human and fundamental rights (incl. general principles of EU law).- Part II - The New Relationship as shaped by the 2019 and 2020 Agreements.- Citizens of the EU in the UK and British Citizens in the EU.- Trade in goods.- The future regulatory framework for commercial transactions in the UK and EU post Brexit: challenges and opportunities.- Criminal justice, police and counterterrorism cooperation.- Public procurement.- Northern Ireland.- The UK overseas territories: Gibraltar, Jersey and Guernsey.- Institutional framework, monitoring process and dispute settlement.- Part III - A New Relationship to forge.- Collaboration in the field of security and defence.- The international trade agreements of the UK post-Brexit.- The cooperation in the field of environmental protection.- European civil justice.- Financial Services.- Cooperation in education and research: the changing UK-EU relationship.- The European offices of the UK local authorities and devolved administrations after Brexit.- Conclusion.

Read more less

Book SynopsisPart I The General Framework on the Sustainability for the Insurance Market: Principles for Sustainable Insurance: The European Perspective by Javier Vercher-Moll.- Sustainability Reporting Regulation: A Perspective Since the Insurance Market by Juan Bataller Grau.- Sustainability of the EU Insurance Markets and Adequacy of Insurance Regulation Solvency II and ESG by Marcin Kawinski.- The Multiple Functions of Insurers in the Blue Economy by Lucia Anzanello.- Part II Sustainability and Insurers' Governance: The Relevance of Governance in the Insurance Sector Within the Framework of Sustainable Investments by Jaume Llorca Galiana.- Sustainable Investment Challenges from the Perspective of Insurance Companies in the European and Polish Market by Marianna Cicirko.- Rating Social within the EU law on the ESG Factors: The Relevance for the Insurance Industry and the Risk of Social Washing by Pierpaolo Marano and Maria del Val Bolívar Onoro.- Part III Sustainability and Insurance Products: Pre-Contractual ESG Disclosure on Insurance-Based Investment Products by Isabel Rodríguez Martínez.- Sustainability of Agricultural Insurance Systems: Challenges from a European Approach by Alicia Mateos-Ronco.- Pension and Sustainability. The Case of Employee Capital Plans in Poland by Janina Petelczyc.

Read more less

Book SynopsisPART I Third Parties in Domestic Criminal Justice. - Report on Brasil (Vinicius Gomes de Vasconcellos, Guilherme Lucchesi).- Report on France (Barbara Drevet).- Report on Hungary (András Lichtenstein, Fantoly Zsanett).- Report on Italy (Diego Foti, Elisea Malino).- Report on Portugal (João Gouveia de Caires, Joana Reis Barata).- Report on Spain (Fernando Gascón Inchausti, Guillermo SchumannBarragán).- PART II Third Parties in Criminal Justice. The Perspective of International and EU Law.- Victims and Third Parties in International Criminal Justice (Ana Beltrán Montoliu).- Third Parties in Criminal Proceedings in the Jurisprudence of the Inter-American Court of Human Rights (Frederico Valdez Pereira, Luís Felipe Schneider Kircher).- The Acknowledgment of a Statute of Procedural Guarantees of Third Parties in Criminal Proceedings in ECHR Law: the Contribution of the European Court of Human Rights (Claudio Orlando).- The Protection of Third Parties and Victims in Criminal Proceedings in the Area of Freedom, Security and Justice: Developments in EU Law (Antonella Falcone).- PART III Comparative Frameworks.- - Third Parties and Their Formal and Substantial Participation in Criminal Justice: A Comparative-Law Analysis of Domestic Jurisdictions (Viviana Di Nuzzo, Antonella Falcone).- The Protection of Third Parties in Criminal Proceedings: A ConstitutionalLaw Perspective (Erika La Fauci).- PART IV Reconstruction and New Challenges.- - A Phenomenology of Thirdness in Law. Preliminary Remarks (Angela Condello, Guglielmo Ciaccio).- Third Parties in Criminal Justice. An Everlasting Mystery in a Constantly Developing Legal World? (Stefano Ruggeri).- Appendix.

Read more less

Book Synopsis1 Introduction.- 2 Materials and Methods.- 3 Terminology and Scientific Background of Sustainability.- 4 Origins of the Concept of Sustainability.- 5 Evolution of Sustainability From Antiquity to the 20th Century.- 6 Modern History of Sustainability.- 7 Sustainability in Motion Sustainable Development.- 8 Engagement of Private subjects with sustainability Corporate Social Responsibility.- 9 Enforcement of Sustainability by Investors Environment Social Governance.- 10 Conclusions.

Read more less

Book Synopsis.- Part I Rule of Law and Technology.- Guarantees of the rule of law in Romania in the digital age, cybersecurity and the processing of personal data.- Artificial intelligence a threat to the rule of law? The role of constitutional courts in shaping emerging technologies.- Rule of law, constitutional jurisdiction, and technology in Peru.- Administration and Access to Justice through Technology: The Experience of the Constitutional Court of Kosovo.- Enhancing transparency of the constitutional courts The role of the new technologies.- The Impact of the Digital Age on Fundamental Rights.- Risks of Biotechnology and the Rule of Law.- Fake News and Control Over Freedom of Speech in the Digital Age.- Freedom of expression in digital platforms - How the Albanian high courts assess the necessity in a democratic society?.- Language Discrimination and Constitutional Safeguards.- EU Guideline on AI Trustworthy and not intuitive' application of the principle of Fairness.- Part II Rule of Law and Climate Environment Energy.- Sustainability from a leadership perspective.- Are Polish Courts Tough Enough for the Protection of Human Rights Related to Climate Changes?.- Ombudsman for future generations in the Polish law  de lege ferenda proposal for environmental and climate protection.- Climate change and the rights of future generations: the contribution of courts.- Constitutional protection for future generations. The French perspective.- Transboundary Ambitions: Exploring the Theory of Extraterritoriality in EU Climate Law and Policy in Southeast Europe.- The Green Deal and the European Climate Laws, especially CBAM.- The Green Deal of the EU in the Light of the Agricultural Sector.- Climate change adaptation Adjusting to the climate change, and preventing an economic and social crisis The Greek paradigm particularly in the context of investment legislation.

Read more less

Book SynopsisThe Economics of AI-enabled Price Discrimination.- Regulation of Price Discrimination in Chinese Competition Law.- Regulation of Price Discrimination in the EU Competition Law.- Assessment of AI-enabled Price Discrimination under Competition-Related Rules in China.- Assessment of AI-enabled Price Discrimination under Competition-Related Rules in the EU.- A Comparative Analysis of Legal Regimes to Tackle Anti-competitive AIPD in the EU and China.- Policy Suggestions to Tackle Anticompetitive AIPD in the EU and China.

Read more less