Legal systems: general Books
Verlag Peter Lang A.V. Dicey: General Characteristics of English
Book SynopsisAlbert Venn Dicey (1835-1922) was elected to the Vinerian professorship of English Law in the University of Oxford in 1882. Dicey established himself as a great expert on constitutional history when in 1885 he published his Introduction to the Study of the Law of the Constitution, a major classic on the British constitutional system. Dicey’s writings have achieved an almost canonical status, and his views are judged almost entirely on this volume. However Dicey developed his views further and extensively in a series of lectures he delivered in the late 1890s in which he focused his thoughts on the sovereignty of Parliament, the relationship between Parliament and the people, and the role of constitutional conventions. Dicey would not defend every detail of the British Constitution, but was quite prepared to consider certain constitutional innovations, such as the principle of referendum to give special status to Constitutional Acts, or that the House of Lords should have more representative legitimacy. Dicey also toyed with the idea of a Constitutional Convention as a basic form of protection for constitutional rules: he argued about constitutional safeguards to remedy the defects of the party system and recognised the adaptability of an unwritten constitution to changed circumstances. All these aspects of Dicey’s thought are reflected in these lectures, published here for the first time.Table of ContentsContents: Foreword by Lord Plant of Highfield – Memorandum on English Party System of Government – General Characteristics of Existing English Constitutionalism – Comparison between English & other Executives: Parliamentary & non-Parliamentary Executives – Cromwellian Constitution of 1653 – English Constitutionalism under George the Third (1785) – Memorandum on Party Government.
£34.92
Peter Lang AG Bargaining in the Criminal Justice Systems of the
Book SynopsisThe book compares the bargaining practice in the United States and Germany, it displays differences and similarities, also taking historical as well as legal and cultural aspects into consideration. The author shows that bargaining in both countries is highly influenced by the respective legal systems – common and civil law. The study also pays attention to current developments, changes and proposed legislation.Table of ContentsContents: (Plea) bargaining in the United States and Germany – Bargaining in common and civil law.
£36.81
Peter Lang AG The Concept of the Relevant Product Market:
Book SynopsisThe proper definition of the relevant product market still is the lynchpin of competition law: defining the market too wide makes it impossible to capture the companies’ behavioural margins that are the result of market power and are not neutralized by competition; defining the market too narrow creates market power and forces undertakings under the application of Art. 82 EC, Art. 2 ECMR, § 19 German Competition Act. In European and German competition law the aspect of demand-side substitutability has been the most important criterion. The meaning of potential competition and especially of supply-side substitutability has not been systematically grasped. The book therefore re-thinks the relevant questions of proper market definition.Table of ContentsContents: The changing determination of the relevant product market in competition law – History of dogmas – Determining the relevant market with regard to the marketing plan - Examples.
£22.90
Peter Lang AG Implementation of International Law in the United
Book SynopsisEven though the Constitution proclaims treaties entered into by the United States to be part of the supreme law of the land and authorises prosecution of offences against the law of nation in federal courts, the United States has had a checkered record in ratifying human rights instruments, in upholding decisions of international tribunals, and indeed in submitting itself to the jurisdiction of such tribunals. It refused to uphold judgments of the International Court of Justice within its municipal legal system, terminated the competence of the ICJ to adjudicate international disputes to which it is a party, and attempted to undermine the functioning of the international criminal court. It engaged in armed conflicts in blatant violation of international humanitarian law and subjected belligerent detainees to unbecoming interrogation techniques. There are clear indications that the Obama administration is setting the United States on a new course of international comity and Völkerrechtsfreundlichkeit.Table of ContentsContents: American foreign policy – Prosecuting offences against the law of nations – Ratification of international human rights instruments – A juvenile justice system that violates international standards of rights of the child – A hostile attitude toward jurisprudence of international tribunals – American exceptionalism and the international criminal court – Military interventions in Kosovo, Afghanistan and Iraq.
£94.00
Peter Lang AG Non-Performance and Remedies under International
Book SynopsisThe survey compares the rules on contractual non-performance and remedies under the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, and Indian statutory contract law (including the Indian Contract Act, 1872). Given that most Indian statutes were derived from English law and may therefore be viewed as «codified common law», this comparison may contribute to the question of whether, especially in view of contract law harmonisation in the EU, the civil-law and common-law traditions could be merged in a common code. Moreover, it may help identify legal differences that are relevant to doing business between India and Europe. The general conclusion of the survey is that the Principles and Indian statutory contract law share a close proximity especially because many of their provisions on non-performance and remedies appear to be derived from the same concepts and also provide for very similar consequences.Table of ContentsContents: Overview of the UNIDROIT and European Principles – Overview of Indian statutory contract law – Non-performance in general – Overview of the systems of remedies – Specific performance – Termination of contracts – Damages – Reduction of price.
£50.94
Peter Lang AG Refusal to License- Intellectual Property Rights
Book SynopsisRefusal to license intellectual property rights (IPRs) are an ongoing topic within the enforcement of Article 102 TFEU (ex Article 82 EC). Nevertheless, so far an economic founded instrument to analyse these cases is missing. To close this gap, the Innovation Effects and Appropriability Test will be developed throughout this book. Innovation research has been showing that firms rely on more appropriation mechanisms than only IPRs. The availability of these alternative instruments depends on the involved technologies, the kind of innovation, the concerned industry and so on. Consequently, it is in the centre of the Innovation Effects and Appropriability Test to analyse whether the dominant firm could rely on other appropriation instruments to protect its innovation and to recoup its investments in R&D.Table of ContentsContents: Refusal to license – Intellectual property rights – European caselaw – Microsoft case – Relation of competition policy and intellectual property rights – Economics of intellectual property rights – Innovation research – Appropriability conditions – Innovation effects and Appropriability test.
£36.81
Peter Lang AG Socio-Economic Constitutional Rights in
Book SynopsisIs constitutional jurisprudence on socio-economic rights a threat to democracies? How powerful are constitutional courts in this field? Is it possible to restrain judicial activism in socio-economic adjudication? Through reference to constitutional dialogue theory, this book shows constitutional adjudication in socio-economic matters through the lenses of constitutional pluralism and intra-institutional deliberation. The experiences of nascent Central-Eastern European democracies which have undergone democratic changes in early 90ies of the 20th century are particularly interesting as a case study. The example of Polish, Czech and Slovak constitutional acquis are used to encourage the mechanisms that legitimize the role of constitutional courts in the field of socio-economic adjudication.Table of ContentsContents: Evolution of constitutional jurisprudence in socio-economic rights – Constitutional dialogue theory – Constitutions in democratisation processes in Central-Eastern Europe.
£31.82
Peter Lang AG Legal Systems in Transition: A Comparison of
Book SynopsisThe modernization of the legal systems of the post-Soviet states is a paramount objective of the EU. Nevertheless, the transfer and the integration of norms of the acquis communautaire into the local legal systems have progressed at a different pace and within different scopes. This volume compares the legal systems of Russia and the 6 countries participating in the Eastern Partnership Program and assesses the status quo with special emphasis on business law.Table of ContentsContents: Mikhail Krasnov: The Legal System of the Russian Federation – Mikhail Pastukhov: The legal system of the Republic of Belarus – Ilgar Mehti: Review of the legal and economic system of the Republic of Azerbaijan – Arthur Poghosyan: General Features of legal and economic systems of the Republic of Armenia – Yuriy L. Boshytsky: A brief analysis of the administrative, economic and judicial system of modern Ukraine – Alexandru Burian: The Republic of Moldova – Tinatin Khidasheli: The Georgian Legal System – Hans-Georg Heinrich/Ludmilla Lobova: Summary.
£46.17
Peter Lang AG The Legal Duel: The TRIPS Agreement and Drug
Book SynopsisThis thesis discusses the flexibilities built into the Agreement on Trade Related Aspects of Intellectual Property Rights that are relevant for ensuring access to and availability of new medicines for the treatment of life-threatening diseases. Using Kenyan and Indian patent laws as case studies, the thesis examines the experience these countries have had in making use of the flexibilities. The thesis concludes that besides the TRIPS flexibilities, the resolution of the problem of access to medicines requires a concrete and a potent mix of country specific non-IP strategies. To test the hypotheses advanced in it, the thesis applies descriptive, qualitative and quantitative methodologies as well as interpretive analysis of court cases.Table of ContentsContents: Pharmaceutical Patents – Intellectual Property Rights – Drug Patents – Flexibilities in the TRIPS – Paris Convention – Patent Laws and State Practice in Kenya and India.
£80.51
Peter Lang AG Studies of Business Law – Recent Developments and
Book SynopsisThis volume contains the scientific papers presented at the 2nd International Conference Perspectives of Business Law in the Third Millennium that was held on November 2, 2012 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into three chapters: Recent developments and perspectives in the regulation of business law at European Union level; Transposition of European Union directives into national law; Recent developments and perspectives in the regulation of international business law. The present volume is addressed to practitioners and researchers in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at European and international level.Table of ContentsContents: Ioana-Nely Militaru: Special Procedures for the Adoption of EU Legal Acts – Felicia Bejan: The European Company (Societas Europaea - SE), a Legal Instrument of Mobility for Companies in the European Union – Cătălin-Silviu Săraru: State Aids that are Incompatible with the Internal Market in European Court of Justice Case Law – Ioan Lazăr/Laura Lazăr: The Efficiency of Public Procurement Procedures. The Principle of Integrity – Cătălina-Adriana Ivănuş: Aspects of Prohibition of Discrimination against Women in the Workplace in European Court of Justice Case Law – Florina Mariana Homeghiu/Mihaela Constantinescu: Implications of Discrimination on Economic Agents’ Activity – George Gruia/George Cristian Gruia: Criminal Liability of the Legal Person and its Implications: a Case Study in Romania and the Czech Republic – Camelia Florentina Stoica: Restrictions of Law Provided by the Jurisprudence of the Constitutional Court and the European Court of Human Rights – Mihaela Tofan: Protection against Gender Discrimination and Equal Treatment in the Legal Framework of Romania – Vincenzo Carbone: Brief Analysis of Fiscal Measures in a Time of Crisis – Mihaela Airinei: Legal Regime Applicable to Non-Refundable Financing Contracts within the Sectoral Operational Programme «Human Resources Development 2007-2013 (Sop Hrd)» – Liviu Titus Paveliu: Analysis of the Sanctions Applicable to Unfair Contract Terms under Romanian Law – Iulia Bădoi: European Works Council – Alexandru Bulearcă: Electronic Money, Means of Payment in Domestic and International Economic Exchanges. Statutory Changes at EU and EEA Level – Ivan Tot: Combating Late Payments in Commercial Transactions: Transposition of the EU Directives into Croatian and Slovenian Law – Luiza Cristina Gavrilescu: Considerations on the Need to Develop a Common Law on International Bankruptcy – Cristina Sâmboan: Dignity at Work - Contemporary Challenges – Carmen Tamara Ungureanu: The Romanian Adherent, Party to the Transnational Adhesion Contract – Harsh Pathak: Rising Importance and Significance of International Commercial Arbitration – Cristina Florescu: On Dissenting Opinions in International Arbitration.
£56.79
Peter Lang AG Offshore Carbon Dioxide Capture and Storage: An
Book SynopsisThe technology of offshore carbon dioxide capture and storage (CCS) is likely to be deployed on a commercial scale soon. CCS technology could be used to limit global temperature rise to less than 2°C above the pre-industrial level. However, such projects entail many environmental risks, and their effectiveness for the mitigation of climate change is disputed. This book tries to clarify open legal questions regarding European offshore CCS projects in the context of international and regional maritime and climate protection law as well as relevant European legislation. Taking the remaining scientific uncertainty into account, this book concludes that the permission and encouragement of offshore CCS projects is highly problematic from an international environmental law perspective.Trade Review«Dieses Buch wird sämtlichen einschlägig Tätigen, sei es in der internationalen oder der staatlichen Praxis oder bei Planung und Betrieb von unterseeischen CCS-Projekten, ausgezeichnete Dienste leisten.» (Thomas Horvath, Zeitschrift für öffentliches Recht 1, 2015)Table of ContentsContents: Offshore Carbon Dioxide Capture and Storage from an International Environmental Perspective – International and Regional Maritime Protection Law – European Jurisdictional Zone – Climate Protection Law – CCS Directive – Principles of International Environmental Law.
£60.39
Peter Lang AG Shareholder Activism: Benefits and Drawbacks
Book SynopsisThis book analyses and compares the benefits and drawbacks of shareholder activism in corporations under US American and German law, applying means of new institutional economics. The analysis concentrates on three fields of action of active shareholders in targeted corporations: nominations and elections, transaction decisions and financial decisions. The author evaluates and compares the effectiveness of the means which active shareholders use and of the limitations they face. She concludes that shareholder activism has benefits and drawbacks. Both require legal actions under the two jurisdictions, such as stronger nomination and election rights under US American law and more effective disclosure obligations under German law.Table of ContentsContents: Benefits and Drawbacks of Shareholder Activism in Corporations under US American and German Law – Analysis of Shareholder Rights and Limitations in the Areas of Nominations and Elections – Transaction Decisions – Financial Decisions – Benefits and Drawbacks – Statutory Amendments under American and German Jurisdictions.
£73.31
Peter Lang AG The Rule of Law and the Challenges to
Book SynopsisOver the last two decades scholars and citizens in Central and Eastern Europe had more than enough opportunity to realise that neither democracy nor the rule of law can be taken for granted. Such a realisation also means that if they want to think and speak clearly about or take a stand for their political and legal ideals, they need to reflect on them constantly, and conceptualise them in novel ways, by questioning entrenched lines of argument and problematising established patterns of thought. The contributors of this volume discuss a wide range of subjects from jurisprudential methodology and legal reasoning through democracy and constitutional courts to rights and criminal justice, raising questions and suggesting new ideas on «The Rule of Law and the Challenges to Jurisprudence» in Central and Eastern Europe and beyond.Table of ContentsContents: Szilárd Tattay: The Relationship of Natural Law and Natural Rights: Organic, Contingent, or Logically Contradictory? – Verena Risse: International Coercion and the Requirement of an International Rule of Law – Goran Dajović: The Subject Matter of Jurisprudence – Luka Burazin: Is «Naturalised» Methodology in Legal Theory Helpful? – Lidia Rodak: Objectivity as Coherence in Practical Discourse – Tilen Štajnpihler: Within Democracy’s Reach? Revisiting Some Objections to Judge-made Law – Ágnes Kovács: A New Trend in the Debate on Justifying Judicial Review: Considering the Benefits of Judicial Reasoning – Krzysztof J. Kaleta: Between Refexivity and Effectiveness: Dilemmas of the Democratic Legitimacy of Constitutional Justice – Mojca M. Plesničar: Shielding Criminal Justice from Politics – Sabina Zgaga: Introduction of Criminal Law Powers in Other Legal Procedures: A Convenient Bypass for Obtaining Evidence?
£36.04
Peter Lang AG Transfer of Movable Property under U.S. Law:
Book SynopsisThis book discusses legal rules for three functional commercial conflict situations under the laws of the U.S.A., mainly analyzing the U.C.C., the Bankruptcy Code, Common Law and Equity. In this context, the term conflict situation is meant to address a certain type of conflict arising between certain parties – e.g. buyer, seller, creditors of buyer or seller, or other types of third parties, like former title-holders to the goods – having certain colliding interests in the same property. The three conflict situations addressed in this book are the protection of a buyer in the seller’s insolvency, the protection of a seller in the buyer’s insolvency, and the conflict between a person formerly entitled to the goods and a good faith acquirer.Table of ContentsContents: Transfer of movable property – Commercial conflict situations – Uniform Commercial Code – Buyer’s Protection against Seller’s Creditors – Seller’s Protection against Buyer’s Creditors – Good Faith Acquisition – US Law – U.C.C. – Bankruptcy Code – Common Law – Equity.
£54.63
Peter Lang AG Recht nach dem Arabischen Fruehling: Beitraege
Book SynopsisDer von der Gesellschaft für arabisches und islamisches Recht herausgegebene Band enthält die Vorträge, die auf der Jahrestagung der Gesellschaft 2012 in Heidelberg gehalten wurden. Ergänzt werden diese durch eine Reihe von Vorträgen, die ebenfalls die Veränderungen der rechtlichen Strukturen nach dem Arabischen Frühling in den betroffenen Ländern und im gesamten Rechtskreis islamisch beeinflusster Rechtsordnungen zum Gegenstand haben. Die Beiträge spannen dabei einen Bogen von den islamischen Einflüssen auf die ägyptische Verfassung über Chancen der Rechtsentwicklung im Arabischen Frühling und Strukturen des Vereins- und Versicherungsrechts bis hin zu aktuellen Fragen der Schiedsgerichtsbarkeit in Saudi-Arabien.Table of ContentsInhalt: Kilian Bälz: Arabischer Frühling – Andreas Börner: Takaful im positiven Recht einiger arabischer Staaten – Ahmed El Kosheri/Hatem Gabr: The Supreme Constitutional Court of the Arab Republic of Egypt and the 25th of January Revolution – Hilmar Krüger: Neues über saudi-arabisches internationales Verfahrensrecht - Zur Anerkennung und Vollstreckung ausländischer Urteile durch den Board of Grievances – Stephan Morweiser: Internationale Sanktionen gegen den Iran aus strafrechtlicher Sicht – Kathrin Nordmeier: Das Cairo Regional Center for International Commercial Arbitration – Dirk Otto: Deutsch/indisch-moslemische Erbfälle - Nachlassplanung und Abwicklung – Mathias Rohe: Verfassungsrechtliche Entwicklungen in der arabischen Welt: Das Verhältnis von Staat und Religion am Beispiel Ägyptens und Tunesiens – Sherif El Saadani: Corporate Social Responsibility in Egypt, Lessons learned – Patrick Schneider: Die rechtliche Zusammenarbeit mit den Staaten Nordafrikas - Die Deutsche Stiftung für internationale rechtliche Zusammenarbeit auf neuen Wegen – Menhal Sebai: Investitionen in Tunesien: Ambitionierte Ziele und attraktive Perspektiven.
£45.36
Peter Lang AG Employment Conditions of Business in Slovakia
Book SynopsisCross-border movement of employees and services creates a very difficult environment for employers – entrepreneurs expanding to foreign markets, which also applies to foreign entrepreneurs expanding their business activities in the territory of the Slovak Republic. In this difficult process associated with international business and trade, the level and quality of labour-law relations in the «host» country of business in question is essential. This quality affects considerably the total production costs of the employer and, accordingly, also his competitiveness in European and global markets. The employer must accept the quality of working conditions of employees according to the national law of the state in which he pursuits business, a fortiori because the employees themselves contribute considerably to these supranational economic processes and they often affect the success of the entrepreneur that employs them. The Slovak Republic has been, since 2004, a Member State of the European Union. It is an open economy, relying, to a great extent, on foreign investments. Many foreign companies operate in the territory of the Slovak Republic and employ a not insignificant part of the economically active population. It must be said that acceptance of minimum labour-law standards in using dependent work is not the same in case of all foreign companies. Many companies do not find it difficult to respect elementary labour-law rules in employing their employees. However, there are also companies that come from a highly cultivated legal environment of their home countries and they employ employees in a way that would not be possible in their own home countries. A part of foreign companies comes to Slovakia from countries with a totally different legal system in comparison to civil law and they find it difficult to come to terms with elementary labour-law rules for protection of employees. Research has shown various types of impermissible interferences with personal privacy of employees, often degrading their human dignity, non-observance of minimum rest periods necessary for recovery of employees, but also application of corporal punishments. This book is addressed primarily to employers doing business in the territory of the Slovak Republic. It should, as a matter of precaution, protect them against significant mistakes in regard to using the labour potential of employees, which could cause them various sanctions. On the other hand, it specifies the scope of legal space within which they can move safely in employing their employees.Table of ContentsContents: Employment relations – Status of foreign investors – Protection of employees – Business environment – Business in Slovakia – Working conditions – Protection against dismissal. Legal status of employee and corporate restructuring.
£40.59
Peter Lang AG The Postulates of Restorative Justice and the
Book SynopsisThe concept of restorative justice, which focuses on extinguishing the social conflict caused by criminal offense, has been received with growing interest on the part of both legislators and specialists in legal sciences throughout the world. This publication answers the question to what extent the classic model of criminal justice (including its fundamental principles and miscellany of penal measures) is able to meet the challenges posed by that concept. The doubts indicated in the study have been illustrated by normative provisions taken from Polish criminal legislation.Table of ContentsContents: Leszek Wilk/Piotr Zawiejski: The Concept of Restorative Justice – Piotr Zawiejski: Damage and its Redress in Criminal and Civil Law: The Doctrinal and Case-Law Position to Date – Teresa Dukiet-Nagórska: An Attempt to Assess the Manner in which Damage and its Redress can be Understood from the Point of view of Fundamental Principles of Criminal Law – Dominika Bek: The Mediation Settlement as a Directive of the Level of Sanction – Olga Sitarz: Active Repentance at the Stage of Preparation for or Attempt at an Offence and Restorative Justice – Olga Sitarz/Leszek Wilk: Post-Perpetration Active Repentance and Restorative Justice – Anna Jaworska-Wieloch: Selected Aspects of Enforcement of Judicial Decisions Awarding Redress of a Damage – Leszek Wilk: The Concept of Restorative Justice in Fiscal Penal Law – Jakub Hanc: The Idea of Restorative Justice: An Attempt at a Comparative Analysis.
£48.82
Peter Lang AG Law, Politics, and the Constitution: New
Book SynopsisThe fourth Yearbook of the Central and Eastern European Forum of Young Legal, Political and Social Theorists reassesses central concepts of modern constitutionalism between the poles of law and politics: separation of powers, constitutional review, and constitutional rights and obligations. Fourteen legal scholars and political scientists from the region contribute to interrelated debates in both disciplines. Two questions are particularly raised: How can the aforementioned concepts be understood? And: Which role do they play in current national and supra-national institutions? With regard to the second question, an essential part of the chapters focuses on current developments within the European Union and in post-socialist states of Central and Eastern Europe.Trade Review«Lesenswerte Analysen zu Zustand und Zukunft der Demokratie in Mitteleuropa» Kalman Pocza, Zeitschrift für Parlamentsfragen (ZParl), 4/2016)Table of ContentsContents: André Brodocz: Constitutional Courts and Their Power of Interpretation – Michael Hein/Stefan Ewert: What is ‘Politicisation’ of Constitutional Courts? Towards a Decision-oriented Concept – Martin Belov: Separation of Powers reconsidered: a Proposal for a New Theoretical Model at the Beginning of the 21st Century – Katalin Kelemen: Access to Constitutional Justice in the new Hungarian Constitutional Framework: Life after the Actio Popularis? – Rafał Mańko: «War of Courts» as a Clash of Legal Cultures: Rethinking the Conflict Between the Polish Constitutional Tribunal and the Supreme Court Over ‘Interpretive Judgments’ – Marcin Pieniążek: Paul Ricœur’s Thought as the Basis for a Political Theory of the European Union – Balázs Fekete: Vertical Division of Powers from the Perspective of the Member States - Police Power in the Context of European Union Constitutionalism? – Mariusz Jerzy Golecki: «Solange, Chapter 5?» The Law of the European Union and the Sovereignty in Rulings of the Constitutional Courts in Central Europe – Karolina Ristova-Asterud: The Balancing Role of National Parliaments in Transforming the European Union.Towards a Parliamentary Polity? – Szilárd Tattay: The Common Good and Individual Rights – Wojciech Ciszewski: Towards a «Soft» Concept of the State Neutrality Principle – Axelle Reiter: Another Brick in the Wall? A Libertarian Outlook on Constitutional Rights, Individual Obligations, and the Boundaries of Legal Consistency – Konstantin Sachariew: Ethnic Representation in National Legislatures - Normative Foundations and Challenges.
£41.76
Peter Lang AG The Common European Constitutional Culture: Its
Book SynopsisThe authors focus on the interrelations between the sense of individual identity and the sense of national identity. Their aim is to find a common European legal culture. The processes of Europeanization have been proceeding on the legal level, wherein the CJEU took a prominent role, and on the level of intergovernmental decision-making. In the aftermath, the EU may be comprehended in terms of the rights-based union and problem-solving entity although the emergence of the values-based community has been stymied and the transnational public spheres are rather thin. This caused a democratic deficit and provoked debates about the EU as a post-democratic polity. There are disputes whether this oddity of the EU indicates its nobility or perversion. But the fact remains that the Eurocitizens in their post-sovereign states became lost in the Hegelian extreme terms of the universal-formal rights. Their individual interests made them especially exposed to the shocks of the economic crisis. This makes it necessary to address the issue of the common European constitutional culture.Table of ContentsContent: Antal Visegrády: European Legal and Constitutional Cultures – Karolina M. Cern/Bartosz Wojciechowski: The Holy Grail as the Heritage of the Future - on the Search for a Common Legal Culture in Presources of the EU Law – Tadeusz Biernat: From the Community of Law to the Community of Principles – José Manuel Aroso Linhares: The Political Contingence of Constitutional Voluntas and the Practical Continuity of Law’s Cultural «Project». A Conversation Piece Concerning a «Narrative» of Discontinuity – Anna Kalisz: Mediation and the European Legal Culture – Leszek Leszczyński: On Human Rights Protection in the European Union Legal Order: Between Pragmatism and the Axiology of Integration – Paweł Mazur/Ewa Nowak: How Moral Judgment Competence Fosters Discretionary Powers: A Dilemmatic Approach – Gülriz Uygur: The Job of the Judge in the Context of Silenced People: The Opuz Case – Marek Zirk-Sadowski: The Emergence of the Identity of the Administrative Law in the Process of Building the Relation of the Administrative Courts vis-à-vis the Case Law of the Constitutional Tribunal – Roman Hauser: The Place of the Case-law of the Administrative Courts in the System of the Constitutional Control of the Activities of Public Administration – József Benke: European Constitutional Culture and Civil Procedure.
£48.82
Peter Lang AG Renewable Energy Law in Europe: Challenges and
Book SynopsisThe law of renewable energies has always been subject to change. Together with the Scandinavian Institute for Maritime Law of the University of Oslo, the Berlin Institute for Energy and Regulatory Law has brought together energy law experts from Great Britain, Norway, Finland and Germany in order to exchange their ideas and perspectives. In 2013 and 2014, the ECJ specified the limits on national support schemes, and the European Commission issued its guidelines on state aid for environmental protection and energy. In an inspiring workshop, these and other important developments regarding renewable energies in the EU and the European Economic Area were discussed. This volume presents various contributions which inform about the conducted debates and encourage further research.Table of ContentsContents: Angus Johnston: The impact of the new EU Commission guidelines on State aid for environmental protection and energy on the promotion of renewable energies – Juliane Steffens: Articles 30 and 110 TFEU as Limitations to Member States’ Renewable Energy Promotion – Lydia Scholz: The dialogue between the principle of free movement of goods and the national law of renewable energies – Sirja-Leena Penttinen: The Essent Case - the one about free movement, economic justifications and the increasing role of the State – Kim Talus: Renewable Energy Disputes in the European Union: An Overview of Current Cases – Thea Sveen: The interaction between Article 192 and 194 TFEU: Renewable energy promotion with a predominant environmental purpose – Carsten König: How congestion management rules challenge the development of an integrated offshore electricity infrastructure in the North Sea.
£45.36
Peter Lang AG The EU Education Policy in the Post-Lisbon Era: A
Book SynopsisThis book provides a comprehensive view of the current state of affairs and possible developments in EU education law and policy. It covers the innovations brought about by the Lisbon Treaty as well as the Lisbon/EU 2020 Strategy and its implications for education and training and analyses the EU programme Erasmus+. Moreover, it takes a close look at the right to education as contained in the Charter of Fundamental Human Rights of the European Union and outlines the main trends in European Court of Justice case law. Finally, it focuses on cohesion policy measures and assesses the education initiatives undertaken by macro-regional strategies and the European Grouping of Territorial Cooperation (EGTC) European Region Tyrol-South Tyrol-Trentino.Table of ContentsContents: Education law – Education policy – Erasmus+ – EU – Europe 2020 – Charter of Fundamental Rights of the European Union – European Court of Justice rulings – Fundamental freedoms – Regionalism – Macro-regional strategies – EGTC European Region Tyrol-South Tyrol-Trentino.
£55.80
Peter Lang AG Erased: Citizenship, Residence Rights and the
Book SynopsisThis book is about the «erasure», a process by which the Republic of Slovenia unlawfully deprived 25 671 of its residents of their legal status following the country’s secession from the former Yugoslavia in 1992. After losing their status, these individuals were left without any rights on the territory of Slovenia. Since the Slovenian state refused to remedy the problem for many years, the European Court of Human Rights took up the case. In the 2012 Kuric and Others v. Slovenia decision, the Grand Chamber found that Slovenia had violated human rights. This book describes the full background of this case and examines its constitutional implications.Table of ContentsContents: Citizenship and residence legislation of the former Yugoslavia and Slovenia after the secession – Execution of the erasure – Elements of totalitarianism as root causes – Constitutional aspects – Rule of Law – The role of ECHR and the implementation of its ruling – Comparative law aspects.
£65.11
Peter Lang AG Value of Information: Intellectual Property,
Book SynopsisThe right information, at the right time, for the right user has become the most valuable currency of our times. Yet, traditional view on the use of information is being challenged: never before both businesses and users had to deal with the necessity of processing enormous amounts of data, often either privacy-sensitive or covered by intellectual property rights. The law tries to respond – both domestically and internationally – with new rules and novel applications of traditional rules. This book investigates these rules, their rationales, and consequences.Table of ContentsProtection of non-personal data – Data ownership – Criminal jurisdiction and transnational crime – Identity theft in the EU and in the US – Wearable technologies – Biometric data – Jurisdiction in data protection law – General Data Protection Regulation in the context of electronic commerce
£43.47
Peter Lang AG Potential of Precedent in the Statutory Legal
Book SynopsisThis book is devoted to various aspects of the potential of precedent as a legal category and the precedential practice as an element of the law in statutory legal orders. It presents a complex approach to the problems involved in precedential practice, including its theoretical consideration and generalization of the practical use of prior judicial decisions as precedents (based on the observation of Polish and European judicial practice) as well as comparative and prospective remarks dealing with the role of precedents in the statutory law order.Table of ContentsPrecedential practice in civil law culture – Different aspects of judicial argumentation – Influence of precedents on law application processes in the statutory legal order – Law interpretation and legal argumentation
£41.36
Peter Lang AG Die Auswirkungen der Ost-Erweiterung auf die
Book SynopsisEs ist ein altbekannter Mechanismus, dass insbesondere in Krisenzeiten das Vertrauen in bewährte Institutionen schwindet. Dies gilt auch für die Europäische Union, deren Zusammenhalt und Aufnahmefähigkeit in diesen Tagen mehr denn je in Frage steht. Gegenstand des Buches ist die Untersuchung der potenziellen Auswirkungen der Ost-Erweiterungen auf die Handlungsfähigkeit der EU. Wie gestaltet sich nach Aufnahme der neuen Mitgliedstaaten die Entscheidungsfindung im Ministerrat sowie im Europäischen Rat, also in den Institutionen, die als Hauptinstanz für die Vertretung nationaler Interessen gelten? Und wie funktionieren nach der jüngsten Vertragsreform von Lissabon die Abläufe im interinstitutionellen Kompetenz- und Entscheidungsgefüge? Ist der Europäischen Union der Spagat zwischen der Erweiterung nach Mittel- und Ost-Europa und der Wahrung ihrer Capacity (auch mit Blick auf die vollzogenen institutionellen Reformen) gelungen? Diese Fragestellungen beantwortet die Autorin anhand von zwei Fallstudien zu den Verhandlungen um den EU-Haushalt.
£66.38
Peter Lang AG Family, Law, and Society: from Roman Law to the
Book SynopsisThroughout history, the family has been considered the primary nucleus of social organization, and the law has played a crucial role in the regulation and protection of its members’ rights and obligations.This book seeks to explore and analyse the importance of family law from multiple perspectives. Changes in the forms of cohabitation, new family conceptions, new reproductive technologies and gender equality are current unresolved legal challenges, where a historical view has much to offer. It sheds light on the interactions between family, law, and society over the centuries, exploring the tensions, contradictions and changes that have defined this complex relationship. It contributes to the current debate on the legal challenges and dilemmas facing the family institution in the twenty-first century.This book is a thought-provoking and critical analysis, offering a panoramic look at the evolution of family law and its impact on today’s society.Table of ContentsChapter I. Family: Origin and historical evolution - Chapter II. The family as the foundation of society - Chapter III. Family, constitution and fundamental rights - Chapter IV. The family in an inclusive and global society: Changes in thefamily structures - Chapter V. The family of the 21 century and the crisis of values
£41.40
Nomos Verlagsgesellschaft Formulare Fur Referendare
Book Synopsis
£22.41
NIAS Press Cambodia’s Trials: Contrasting Visions of Truth, Transitional Justice and National Recovery: 2024
Book SynopsisMore than four decades have passed since the end of Khmer Rouge rule in Cambodia in 1979. Even so, the country is still coming to terms with the destruction wrought in the decade when the Khmer Rouge won and held power and, thereafter, during their guerrilla resistance to the new regime in Phnom Penh until 1998. The Khmer Rouge Tribunal (or Extraordinary Chambers in the Court of Cambodia, ECCC), established in 2006 to bring the Khmer Rouge leadership to justice, has long been the focus of scholarly attention in Cambodia’s recovery. In many ways a product of the 1990s, a time when liberal democracy appeared to be on the rise both in Cambodia and internationally, the ECCC was imagined as a ‘Transitional Justice’ initiative – while delivering justice it should also ease the transition to liberal democracy. This compelling study argues that approach is dated. The political circumstances in which the ECCC was born have changed profoundly, both globally and locally. No longer can Cambodia’s current situation be analysed solely in terms of transitional justice narratives or the work of the ECCC. Other ways in which Cambodians have come to terms with their past, and built new lives, must also be considered. Decentring the ECCC in the scholarly narrative of Cambodia’s recovery, the volume’s authors offer fascinating new insights into the Khmer Rouge period and more recent years of social, cultural and political change in Cambodia.Table of Contents Preface Contributors Introduction: Beyond Transitional Justice: Cambodians' Continuing Struggles for Truth in a Troubled World Section 1: Context 1. 'Egregious Dysfunctions': Transitional Justice in Cambodia's Limited Access Order 2. Khmers Rouges and Khmer Rights 3. The Rhetoric and Language of Justice at the ECCC 4. Narratives of Complex Political Victims: Constructing Victimhood and Negotiating 'Khmer Rouge' Identity in Post-Conflict Cambodia Section 2: Interactions 5. Upholding the Right to Effective Legal Representation in Cambodia: Lessons Learned from the Extraordinary Chambers in the Courts of Cambodia 6. The Extraordinary Chambers in the Courts of Cambodia: Failed Justice or Catalyst for Transformation? 7. Outsourcing Outreach: "Counter-Translation" of Outreach Activities at the Extraordinary Chambers in the Courts of Cambodia 8. Violent Ruptures, Collective Memory and the Temporal Borders of the ECCC in a Cambodian Village Section 3: Beyond 9. Ecocide in the Shadow of Transitional Justice: Genocidal Priming and the March of Modernity 10. Beyond Transition: Local Experiences of Change in the Forty Years Since the Fall of Democratic Kampuchea 11. The Dead, Haunting, and Reordering Cambodian Society After the Khmer Rouge 12. From Khmer Rouge Soldier to Guardian Spirit: Memorialization, Transformation, and Reunification Colour Illustrations Index
£29.71
Intersentia Publishers The Contribution of Mixed Legal Systems to
Book Synopsis
£19.00
Presses Interuniversitaires Europeennes The External Dimension of the European Union’s
Book SynopsisDuring the last decade the rapid growth of justice and home affairs as an internal policy making domain of the European Union has led to the Union emerging as an increasingly important international actor in this field. This book covers the institutional and legal framework of the external dimension of EU justice and home affairs; issues of policy interaction as well as specific challenges; policy responses and results in the fields of migration policy; judicial cooperation; counter-terrorism; and cooperation with major international partners. Taking into account the changes introduced by the Treaty of Lisbon as well as the priorities set by the 2010-2014 Stockholm Programme the book provides an in-depth exploration of the political and legal dynamics of a major new dimension of the EU.
£36.81
Presses Interuniversitaires Europeennes Italian Yearbook of Human Rights 2011
Book SynopsisThe legal and political significance of human rights has increased enormously all over the world. The Italian Yearbook of Human Rights 2011 provides a dynamic picture of laws, institutions, policies and case law that have implemented international human rights norms in Italy over the past few years, particularly in 2010. The volume has four main sections, which concern respectively: Italy's adaptation to international human rights law; the human rights infrastructure both at national and sub-national levels; Italy in dialogue with the international machinery; and national, European and international case law. The Yearbook is the first volume in a series edited by the Centre for Human Rights and the Rights of Peoples of the University of Padua, in cooperation with the UNESCO Chair in Human Rights, Democracy and Peace at the same University. The Centre, founded in 1982 with the support of the Region of Veneto, carries out research and training programmes according to an interdisciplinary approach. It hosts the Jean Monnet Centre of Excellence on intercultural dialogue and human rights and edits the quarterly journal Pace diritti umani/Peace human rights. The Centre also works in cooperation with the European Commission, the Council of Europe, the United Nations High Commissioner for Human Rights and UNESCO, as well as with civic organizations, schools and local authorities. The editors of the Italian Yearbook of Human Rights 2011 include Andrea Cofelice, Pietro De Perini, Paola Degani, Paolo De Stefani, Marco Mascia, Antonio Papisca (coordinator) and Claudia Pividori.
£30.88
Presses Interuniversitaires Europeennes Quality of Employment in Europe: Legal and
Book SynopsisSince 2001, quality of employment' has been at the core of the political, academic and practical agenda, and has fed a wide-ranging debate. For the first time, a scientific work takes stock of the legal and normative understanding of quality of employment in Europe. In order to develop an interdisciplinary dialogue, the book underlines the importance of law in the debate on quality of employment and suggests how European concepts and tools might be adapted to enrich scientific reflection by employing a rigorous legal approach. To this end, the authors analyse the relevance of the concept of quality of employment in international, European and comparative law, examining a range of topics such as collective and labour rights, social security, non-discrimination and equality at work. Lastly, the authors examine the topic from the Capabilities' perspective, proposing concrete and realistic paths for maintaining the European concept of quality of employment and European social Law in the framework of the ILO Decent Work Agenda.
£28.88
Hay House Publishers India Private Limited God Save the Hon'ble Supreme Court
Book Synopsis
£17.09
