intersentia ltd cambridge (544 risultati)

Paperback. Condizione: new. Paperback. Sources of Constitutional Law contains a selection of constitutions and fundamental legislative instruments from five Western democracies: the United States, France, Germany, the Netherlands and the United Kingdom. In addition, it provides the text of the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union. The instruments reproduced in this volume are rendered either in the original English, in the official English version, or in new translations under critical editorship. Sources of Constitutional Law allows students of constitutional law to understand the peculiarities and similarities of different Western constitutions in direct comparison. With its selection of constitutions and legislative instruments, this volume is the ideal companion to the textbook Constitutions Compared (click here for more information). Sources of Constitutional Law contains a selection of constitutions and fundamental legislative instruments from five Western democracies: the United States, France, Germany, the Netherlands and the United Kingdom. In addition, it provides the text of the ECHR and the Charter of Fundamental Rights of the Europe Union. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. Property Law Perspectives IV contains a selection of the papers presented at the fifth meeting of the Young Property Lawyers Forum (YPLF), which took place at Wadham College, Oxford, in 2014. The YPLF is an informal, international network of property law researchers, which is primarily aimed at junior scholars. The papers presented at the YPLF are representative of the rapid developments currently taking place in property law scholarship, particularly in connection with EU law, environmental law, and internet law. Property Law Perspectives IV shows that attention is still being paid to the roots of property law. The papers in this volume take us on legal and historical journeys, exploring basic principles and well-known concepts of property law, such as the prior tempore rule, expropriation, proprietary security, and the rules on acquisitive and extinctive prescription. The wide variety of topics and jurisdictions discussed make this book a fascinating read for anyone interested in property law. Property Law Perspectives IV shows that attention is still being paid to the roots of property law. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. This book on the EU Private Damages Directive (PDD) offers an in-depth discussion of selected issues of interpretation of the PDD. The Directive sets out certain rules necessary to ensure that anyone who has suffered harm caused by an infringement of competition law by an undertaking or by an association of undertakings, can effectively claim full compensation for that harm from that undertaking or association.Each section corresponds with a chapter of the PDD and commences with a description of the general context within which the specific questions must be placed and understood. The outcome of the actual discussion is then provided in a Q&A format.The chapters are the result of a Closed Workshop organised on 21 May 2015 in Brussels, Belgium and which was attended by a group of competition law specialists from the majority of the EU Member States. This book on the EU Private Damages Directive (PDD) offers an in-depth discussion of selected issues of interpretation of the PDD. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. 'Equal is not Enough' is the title of a series of conferences that has aimed, over the years, to generate a better understanding of what shapes and reshapes inequalities by inviting and promoting multi-disciplinary insights and reflection. One of the conferences hosted at Antwerp University in February 2015 focused on discrimination law. The conveners welcomed papers on the relationship between social policy and discrimination law (or closely related human rights issues), which investigate the tensions and (in)compatibilities between the respective aims and tools of social policy and discrimination law. They were particularly interested in contributions that transcend legal technicalities and reflect on the function of discrimination law as part of a wider social policy in the European Union and its member states. Following a very strict selection procedure conducted by the editors and rigorous peer review, a collection of papers from the conference now appears in this book, Equal is not Enough, which takes its name from the title of the conference. In short, within this volume, the reader will find a selection of high-quality papers presented at this conference, organised by the Flemish Policy Research Centre on Equality Policies (a consortium of the Universities of Antwerp, Brussels, Ghent, Hasselt and Leuven). This publication is aimed at researchers, but it will also be of interest to practitioners of discrimination law who would like to enhance their scientific background. A carefully selected and rigourously peer reviewed set of papers from the Equal is not Enough conference hosted at Antwerp University in February 2015. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. When buying goods or services on behalf of a public authority, procurement officers must translate the buyer's needs into tender documents that are clear, lawful, and well-designed. This guide helps them in this task. Rich in practical examples, it is written for procurement practitioners at all levels of government - from the local to the international - including drafters of calls for tenders, controllers, tender evaluators, managers who authorize public expenditure, risk managers and auditors, as well as for students of public procurement law and public administration. The questions addressed in the book are, among others: How do I design a procurement process that is simple, fair and inviting? How do I choose appropriate selection criteria? How do I draw up a realistic price schedule? How do I weight my award criteria so that I get best value for money? This guide integrates rules and lessons from the EU Public Procurement Directive of 2014 and procurement case-law of the European Court of Justice. Its fundamental recommendations on how to improve the economic efficiency of procurement design however apply in any national system.About the authors Philipp Kiiver was born in 1979 in Leningrad. He obtained his law degree and his PhD from Maastricht University. From 2003 to 2013 he taught European and comparative public law and published academic research at the Maastricht law faculty, receiving an appointment as associate professor and serving for two years as associate dean. In 2013 he joined the European Parliament as a public procurement lawyer. Jakub Kodym was born in 1978 in Prague. After studies in political science and in economics at Charles University in Prague (M.A.), management studies at Nantes University (MBA), and private sector experience, he joined the EU institutions in 2007 and worked as a CGAP certified internal auditor for the European Commission and, since 2011, as a procurement officer in the European Parliament. When buying goods or services on behalf of a public authority, procurement officers must translate the buyer's needs into tender documents that are clear, lawful, and well-designed. This guide helps them in this task. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. It may seem dangerous to express oneself on the future of labour law, since it is widely considered to be in crisis by scholars of the field. There is no doubt that anyone attempting to predict the probable developments by presenting hypotheses regarding these developments runs the risk of making errors. Especially the impossibility to guarantee the relevancy of the chosen parameters and a correct evaluation of the nature of their relations could lead to erroneous predictions. The same applies when one has the ambition to pronounce oneself on the future of institutions, structures or procedures laid down in and protected by law. The objective of this book is threefold. First of all, it draws attention to a number of phenomena and processes both within and outside the law that affect the protective mechanisms and essential functions of labour law. Secondly, the authors want to point out their main causes and principal consequences. Finally, the book reflects the remedies proposed by the authors to preserve the essential task of labour law.Those objectives are achieved by developing the following four themes: the existential relation between labour law, the labour market and social competition; the historical tie between labour law and human dignity; the relationship between labour law, market law and (social) competition law; and finally the risk of a renewed contestation of the dignity of working people. The aim of this book is to provide intellectually challenging ideas for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers. With contributions of Jan Buelens, Wolfgang Daubler, Rene de Quenaudon, Filip Dorssemont, Teun Jaspers, Barbara Kresal, Fleur Laronze, Amanda Latinne, Esteban Martinez, Giovanni Orlandini, Kelly Reyniers, Marc Rigaux, Willemijn Roozendaal and Jens M. Schubert.' It may seem dangerous to express oneself on the future of labour law, since it is widely considered to be in crisis by scholars of the field. The objective of this book is to draw attention to a number of phenomena and processes both within and outside the law that affect the protective mechanisms and essential functions of labour law. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. Following World War Two, the progress towards international accountability and international criminal justice came to a halt as a result of the Cold War. But only three years since the end of the Cold War and forty-five years after the post-WWII prosecutions, the international community was forced to face the ethnic tensions and civil war tearing apart the republics that once comprised the former Yugoslavia. United Nations Security Council Resolution 780 (1992), appointed a Commission of Experts to investigate war crimes and crimes against humanity amounting to violations of international humanitarian law in the territory of the former Yugoslavia and it was expected that the Commission would be the historic link to the post-WWII experiences. Despite the Commission's mandate being the broadest of its kind since Nuremberg, those who opposed its work sought to hamper its success through bureaucratic and political chicanery, including the failure to fund the Commission's work.The investigation into the conflict is detailed in this book including the uncovering of 187 mass graves, the interviewing of 223 victims of rape and sexual assault, and the utilization of prison camps and mass expulsion for the purpose of ethnic cleansing. Along with the author's personal insights and insider anecdotes on the conflict, this book highlights the continuing need for the pursuit of accountability and international criminal justice in a world of thriving bureaucracy and realpolitik. The Commission broke the glass ceiling of realpolitik by fighting the hard battle that lead to the success of its mandate and to the establishment of the International Criminal Tribunal for the Former Yugoslavia. This timely work reminds us all that indeed the past is prologue. The investigation into the conflict in the former Yugoslavia is detailed in this book, including the uncovering of 187 mass graves, the interviewing of 223 victims of rape and sexual assault, and the utilization of prison camps and mass expulsion for the purpose of ethnic cleansing. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. This book explores the tensions between the religious and legal principles of Islamic finance and Islamic banking in practice. It does not limit itself to a legal discussion and presents a truly interdisciplinary and intercultural dialogue between lawyers, theologians, and economists with roots in academia and practice. There is considerable divergence in their evaluation of the status quo and future of Islamic finance.Contributions cover aspects of Islamic finance in theory and practice. It provides insights into the interplay of religion, ethics and finance covering both the Islamic and Christian traditions that sets the scene for Islamic finance in practice: economic technicalities of Islamic banking services, its regulatory aspects, and the complex legal arrangements of Islamic finance in non-Muslim-majority countries. Islamic Finance is a truly international collaboration of outstanding scholars and practitioners in their field that reveals the complexities involved in applying religious principles and legal theory to the daily practice of business and finance. Islamic Finance is a truly international collaboration of outstanding scholars and practitioners in their field that reveals the complexities involved in applying religious principles and legal theory to the daily practice of business and finance. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. Legal scholarship is one of the oldest academic disciplines, and the study of law has been passed on from generation to generation as an implicit "savoir faire". It was presumed that all legal scholars understood the methodology of legal research, making its explicit clarification and justification unnecessary. Over the last decade, the lack of an explicit methodological tradition has become problematic due to the growing interdisciplinary collaboration at universities and the increased importance of external funding, often granted by mixed experts panels. It is therefore time for legal scholarship to make its implicit methodology explicit.This handbook -created on the basis of a PhD project defended at KU Leuven Law Faculty in 2016 - carefully describes the methodology of traditional legal research in four sections:- First, the different types of research objectives that legal scholars can pursue are clarified.- Secondly, as each type of research objective calls for its own methodology, their methodological features are discussed individually.- Thirdly, after looking into each research objective separately, three overall methodological features applicable to all are addressed.- Fourthly, the theory of the previous parts is transformed into a practical methodological guide. This guide serves as a useful instrument for legal scholars who aim to design or reflect on research projects. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. In its case law the Court of Justice of the European Union has acknowledged general principles of EU law, which have a constitutional status. In addition the Court of Justice has also recognised 'general principles of civil law', relying upon values which are traditionally rooted in the domain of private law.The pervasive use of principles, both in the case law of the Court of Justice and in other EU projects of 'soft' and 'hard' law, challenges legal scholarship. Although the concepts of principles and rules have been widely discussed within the context of national legal orders, they need to be rethought at the European level, because the traditional view of a principle does not fit the European Union's constitutional architecture. This also applies to the general principles of civil law, for instance good faith. They also have to be redefined to be consistent with the European Union's legal order.The contributions in this book examine EU general principles and their distinction from rules both within the context of the European Union as well as of the Member States. Moreover, they focus on the relevance of EU general principles for contract law and of principles of civil law for a European contract law. This book brings together the papers presented at the Society of European Contract Laws 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States and whether common principles can be transferred into rules. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. This comparative research was triggered by the assessment of property registration law published in the World Bank Doing Business reports (DB). The international and interdisciplinary team aimed to assess how legal certainty was imagined and put in practice in French and English law, using commercial real estate as a case study. Not only this study identifies the economic impact of the law in both jurisdictions, it also looked at the practitioners functions in the dealing with commercial real estate transactions. In other words, it analyses the topical position of practitioners such as the French notaires and the role of solicitors in England. Nowadays, the profession of notaires is confronted to numerous challenges. For instance, nationality requirement for its access, has been ruled by the ECJ as contrary to the freedom of establishment and art. 49 TFEU and not justified by "the exercise of public authority".In this study, the authors argue that the actual nature and the quality of the work done by the practitioners should be considered as well as financial cost and delays. They also argue that a liberalisation of professions such as civil law notaires would have very little impact on the cost associated with doing business. As a matter of fact, both the English and the French mechanisms are very similar in their objectives and outcome even though they handle the same transaction differently, because of the culturally different relevant angles. This comparative research was triggered by the assessment of property registration law published in the World Bank Doing Business reports (DB). The international and interdisciplinary team aimed to assess how legal certainty was imagined and put in practice in French and English law, using commercial real estate as a case study. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. The right to land plays a key role in the realisation of a plethora of human rights, including the right to food, water, housing, employment, a clean and healthy environment, an adequate standard of living, social status and the power to make decisions. Property rights over land can take many forms, from mere access rights to ownership. Due to a growing world population and various global crises and developments such as agrarian reform, land is becoming scarce. The result is that land prices increase and the poorest sectors of society are deprived of access to land whilst State authorities and foreign investors practise land grabbing to make way for palm oil, animal feed and biofuel plantations, tourist resorts, or as speculative investment. In addition, arable land is not only claimed for residential purposes, but also by industries that in turn pollute the soil and water. Many groups in society, especially in developing States, need access to land for their subsistence. It is these smallholders, landless farmers, rural youths, indigenous peoples and women who often suffer the worst consequences of land reform schemes and land grabbing practices. They are not well protected by the existing forms of land tenure and State authorities often fail to live up to their human rights obligations to respect and protect the land rights of people in all sectors of their society.Legal Aspects of Land Rights is the result of the cooperation of scholars from five Indonesian faculties of law, the Maastricht Centre for Human Rights, and the Maastricht European Transnational Research Institute (METRO), together known as the Land Rights Consortium. The right to land plays a key role in the realisation of a plethora of human rights, Land is however becoming scarce and the poorest sectors of society are deprived of access to land whilst State authorities and foreign investors practise land grabbing. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. The UN Commission on Human Rights began establishing the Special Procedures in the late 1960s. Since then, the UN mechanisms have developed and become veritable tools of human rights protection and monitoring.This book endeavours to capture the evolution of the human rights activity carried out by the Special Procedures and evaluate their importance and impact. It provides a thorough and up-to-date insight of the institutional history of the Special Procedures, analyzes their legal dimension, puts forward a conceptual definition of them, elucidates their evolution and assesses their effectiveness.This book makes an important and unique contribution to the study of UN human rights monitoring mechanisms by providing a systematic analysis and conceptualization of the Special Procedures. Also by singling out indicators to evaluate the impact of the Procedures' practice, this study brings innovative elements to the academic debate on the measurement of human rights bodies' activity. Special Procedures is the collective name given to the different mandates of Independent Experts, Special Rapporteurs and Working Groups in the field of human rights appointed by the UN Human Rights Council. This edited volume seeks to contribute to the dissemination of the work undertaken by different mandate-holders for the protection of human rights. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. Regional integration systems are becoming increasingly important inspired by the most integrated continent, Europe, but taking on various characteristics on different continents. Such systems have become an important feature of global democracy, even preventing unconstitutional taking of power in various countries. This may be thanks to explicit tasks and powers set out in the constitutive documents or it may be something developed ad hoc in response to events, despite the fact that most regional integration systems aim at economic cooperation rather than explicitly at democratisation. However, developments toward further regional integration in most parts of the world mean that the original aims and cooperation mechanisms have tended to expand.This book analyses how regional integration systems all over the world might be able to act as defenders or promoters of democracy, rule of law and the respect for human rights among their members. It also examines whether and to what extent the promotion and protection of rights through a regional integration organisation can have a decisive importance for democratisation of member states: can an organisation become greater than the sum of its parts and push these parts toward something that they may not otherwise, if the organisation did not exist, have achieved? Regional integration systems are becoming increasingly important. This book analyses how regional integration systems all over the world might be able to act as defenders or promoters of democracy, rule of law and the respect for human rights among their members. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. "The Siracusa Guidelines have appeared at an important and opportune moment. Those keen to promote accountability in conflicts around the world are increasingly relying on fact finding bodies to provide necessary documentation which will ensure that those responsible for human rights abuses are brought to justice. The 'Guidelines', developed from inputs by more than 80 experts, provide a thorough and welcome framework to ensure clarity and consistency throughout the processes of creating, investigating, reporting and follow-up for these various bodies." Karen Koning AbuZayd Commissioner, Syria UN CoI; Former High Commissioner UNRWA "The Siracusa Guidelines for fact-finding bodies derive from a wealth of combined knowledge and experience in the field. They address in a comprehensive and integrated way many essential issues which have often been inadequately dealt with or ignored. The application of the guidelines will not only improve the conduct and effectiveness of such missions but also enhance their legitimacy."Philippe Kirsch Former President, ICC; Former Ambassador and Legal Adviser, MOFA, Canada "Fact-Finding Bodies are an essential component of international, regional and national investigative processes. It is of paramount concern that they work to high and common standards. The obvious expertise and solid work of the Siracusa Committee has produced a draft of high quality, and of great practical application." Howard Morrison Judge, ICC; Former Judge, ICTY "These Guidelines are indispensable to those engaged in fact-finding and will contribute immensely to the process of international criminal justice." Hassan B. Jallow Chief Prosecutor, UNICTR/UNMICT "These guidelines are an essential resource for anybody working on issues connected with international investigation commissions in the future." Serge Brammertz Prosecutor, ICTY "Hindsight, Insight and Foresight.These Guidelines provide a wealth of wisdom for discussion and reflection." Vitit Muntarbhorn Professor of Law, Bangkok University; international human rights expert who served in several UN capacities The 'Guidelines'provide a thorough and welcome framework to ensure clarity and consistency throughout the processes of creating, investigating, reporting and follow-up for fact finding bodies to provide necessary documentation which will ensure that those responsible for human rights abuses are brought to justice. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised. Until now, however, few attempts have been made to look at these phenomena together with a view to arriving at conclusions that go beyond one specific field. This book is a first attempt to fill this gap. It is relevant for scholars and practitioners working in the individual fields of law covered (private international law, company law, family law, consumer law and commercial law) as well as for scholars and policy makers trying to grasp the overall nature of the increasing privatisation of the law. In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. The economic unification of Europe has created a lot of victims. The realization of the single market has taken place without any adjusting or accompanying economic and social policies. Its effects on social and human relations go far beyond the economic and commercial areas its authors had in mind. It has in fact led to changes in European society that are so far-reaching that they could very well be characterized as mutations. This book looks at the phenomenon of social dumping in the wider context of liberalized social competition as steered by the European Union. It contains a number of testimonies by people who actively fight social dumping, with special attention paid to the harrowing dumping practices in the road transport sector. Some of the authors also examine the phenomenon of social dumping in relation to compliance with the fundamental right of all workers to respect for their dignity as human beings. In this respect, the underlying question is whether, by tolerating legislation that allows human dignity to be violated by social dumping, the European and national legislators in fact infringe on this key fundamental right.This book is intended for practitioners, academics, researchers and policy-makers working in the area of social policy. The European economic unification has come about without any adjusting or accompanying economic and social policies. Its effects on social and human relations go far beyond the economic and commercial domains. This book discusses the changes that are apparent at three levels: the primary economic level, the social level and the general or societal level. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. In fifty years, European private international law has undergone significant changes. Increased globalization and the emergence of e-commerce has led to a greater need for and more widespread reliance on private international law. As a result, most legal practitioners can no longer avoid it in their day-to-day practices.Each year, the Jura Falconis conference is held to discuss prior developments, draw lessons from the past and offer perspectives for the future of European private international law. The 50th anniversary of the Brussels Convention (1968) presented itself as the perfect discussion point for the 2018 conference.European Private International Law at 50 is the written result of the 2018 conference. It brings together legal experts and provides the reader with a thorough examination of the most important aspects of the field, considering possible future developments and the impact of Brexit Each year, the Jura Falconis conference is held to discuss prior developments, draw lessons from the past and offer perspectives for the future of European private international law. The 50th anniversary of the Brussels Convention (1968) presented itself as the perfect discussion point for the 2018 conference. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. This volume tackles contemporary problems of legal accommodation of diversity in Europe and recent developments in the area in diverse European legal regimes. Despite professing the motto Unity in Diversity Europe appears to be struggling with discord rather than unity. Legal discussions reflect a crisis when it comes to matters of migration, accommodation of minorities and dealing with the growing heterogeneity of European societies. This volume illustrates that the current legal conundrums stem from European oscillation between, on the one hand, acknowledging the need of accommodation, and, on the other, the tendencies to preserve existing legal traditions. It claims that these opposite tendencies have led Europe to the edge of pluralism. This 'edge', just as the linguistic interpretation of the word 'edge', carries multiple meanings conveying a plethora of problems encountered by law when dealing with diversity. The authors attempt to explore and illustrate these multiple edges of pluralism tracing back their origins and examining the contemporary legal conundrums they have led to. The volume encourages the readers to explore whether there are fundamental problems with approaches to diversity and if so can they be rescued from their current precarious position. It asks whether Europe at the edge is truly capable to unite in diversity and develop a constructive approach to its growing pluralism. The book is aimed at academics, practitioners and students focusing their work on contemporary problems of diversity, multiculturalism and accommodation of migrants as well as everybody interested in the area. This volume tackles contemporary problems of legal accommodation of diversity in Europe and recent developments in the area in diverse European legal regimes. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. This book on Legal Education was written based upon many of the author's experiences as professor and dean. The author noted that there is relatively few literature and research about legal education and felt it was necessary to discuss legal education in present times. The book focuses on many issues such as teaching itself, employability, mission and focus of law schools, the future of law schools in this age of internationalisation, student intake, the link with the labour markets and many other issues. One of the conclusions is that law schools will have to seek their own position and niche and that law schools will have different roles. This book also focuses on the need for law school deans and leaders to set clear missions and strategies and work towards education with all the necessary skills and knowledge, which the students can take with them far into the 21st century. No teaching as we did for many years, but analysing what lies ahead and what is needed for future careers. This book on Legal Education was written based upon many of the author's experiences as professor and dean. It focuses on many issues such as teaching itself, employability, mission and focus of law schools, the future of law schools in this age of internationalisation, student intake, the link with the labour markets and many other issues. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. The twin ideas of legal validity and invalidity are ubiquitous in contemporary private and public law. But their roots lie buried deep in European legal culture. This book for the first time traces and reveals these roots. In the course of a 2000-year journey through landmark texts of the Western tradition, from Roman law to modern codification and constitutionalism, the book shows that, contrary to what is often assumed, validity and invalidity originated in the domain of private transactions and only gradually came to be deployed in the domain of official power and law-making. This went hand in hand with legal thought's acknowledgement that law-making itself can be (in)valid, because legally limited, most recently by a body of constitutionally enshrined human rights. Understanding why, not only when, the technique of validity appeared, teaches valuable lessons about the kinds of social and political transformation that this technique can help realise particularly in our age of emerging legal orders, shifting forms of governance, and fresh challenges to the regulation of exchanges in a digitally scripted world.This accessibly written work will appeal to anyone concerned with validity or invalidity in legal scholarship and practice, whether in public or private law. This book traces the uncharted history of validity and invalidity, two central categories of legal thought ubiquitous in contemporary private and public law. It shows how they emerged in response to social needs that remain pressing today. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. Justinian 's Digest, enacted 533 CE, collects excerpts of high-calibre writings from Roman legal intellectuals, produced in the first and second centuries CE. Since the High Middle Ages it has been used as a quarry of legal concepts and doctrines. Concerning the liabilities of two consecutive attackers, the first of whom mortally wounds the victim, while the second finishes the job and leaves the victim dead, the Digest preserves two conflicting texts: Celsus (67130 CE) held that the second attacker is liable, under the relevant statute (the lex Aquilia), for killing, whereas the first attacker should be liable for wounding only. Julian (ca 110ca 175 CE), in contrast, advocated holding both attackers liable as killers.To the present day, commentators on Justinian's Digest have been challenged to make sense of the conflict between these two statements. Ever more elaborate interpretations have been advanced, unlocking a range of diverse issues of causality and evidence, deterrence and statutory interpretation. Like few other texts from Roman lawyers, Julians essay (D. 9.2.51), mirrored in a colourful spectrum of intellectual responses, emerged as a signature piece of the western legal canon.Focussed on the history of one case, this book provides an exhaustive review of past and present interpretations and makes for a historiography of Roman law scholarship, from its medieval beginnings to our contemporary research activities. For a millennium, Roman Law has been part and parcel of the Western legal canon. This book follows the interpretation efforts triggered by a specific problem concerning multiple tortfeasors' liabilities for homicide. The complete evolution of Roman law scholarship is reflected in the discussions of one single problem. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. The year 2019 marks the centenary of the founding of the Bauhaus, arguably the most influential school of art and design in the modern era. Commemorative activities will focus on its culture-historical significance, with scant attention being paid to a more fundamental question: the ramifications on legal and political thinking caused by the deep-seated transformation of the material world during the so-called age of extremes.Daniel Damler reveals the finely woven fabric of material and intellectual culture, using the example of New Objectivity to show how radical changes in the design and material vocabulary of objects generate new political and legal paradigms. It was contemporaries of the Bauhaus revolution who began to apply aesthetic maxims such as 'functionality' and 'clarity' to the state and political thought. Our present-day demands for the 'transparency' of governments and parliaments (without really knowing what we even mean by this) are very much a part of this tradition.After the watershed of 1914, the 'virtues' associated with glass, steel and functional forms served as a surrogate for the lost ideological consensus in the fragmented societies of modernity. Examining the works of prominent twentieth-century legal scholars, Damler discovers a remarkable intertwining of the material and the intellectual, while offering new insights into the proto-legal spaces of imagination of leading architects such as Le Corbusier and Bruno Taut.Bauhaus Laws offers an extraordinary and timeless look at the shadow empire of legal aesthetics. His plea to take seriously the internal dynamics of concepts and figures of thought borrowed from material culture is addressed to legal scholars, political scientists and anthropologists, as well as to architects and designers. It is also aimed at readers who believe in political self-determination and the autonomy of the legal system. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. The Criminal Justice System of the Netherlands offers an introduction to our fascinating legal system from a criminal law angle. The book consists of four parts. Part I covers general matters, such as the organization of the Dutch criminal justice system and the latest statistics on crime and punishment. Part II presents the basics of Dutch substantive criminal law and Part III discusses our criminal procedure. Lastly, Part IV focusses on the final stage of the criminal process: sanctions and their enforcement. Throughout the book, authors highlight aspects of the criminal justice system of the Netherlands that would be of specific interest to foreigners. These peculiarities include, for example, the many powers of the Dutch public prosecutor, the Dutch position on euthanasia and our (in)famous drug policy. The book contains several references to case law, websites and more detailed texts (in English where possible) in order to support readers who desire a more thorough understanding of a specific topic. The Criminal Justice System of the Netherlands is recommended to students taking an introductory course on Dutch criminal law or on comparative criminal law. It is, however, also an excellent starting point for foreign researchers who wish to explore the Dutch criminal law system. The criminal justice system of the Netherlands offers an introduction to our fascinating legal system from a criminal law angle. It is recommended to students taking an introductory course on Dutch criminal law or on comparative criminal law and is also an excellent starting point for foreign researchers who wish to explore the Dutch criminal law system. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. Over the last decade, trans rights and gender variation as legal and a human rights issues have been high on the international and national agendas. Improved registration of and attention for gender variation and gender incongruence is accompanied by attention for the often far-reaching requirements that trans persons have to comply with in order to obtain legal recognition of their actual gender identity. A small but rapidly growing number of (mostly European and South American) States have recently reformed their legal frameworks of gender recognition by allowing trans persons to change their official sex registration on the basis of gender self-determination.Against that background, this book brings together international experts to discuss questions and challenges relating to the legal articulation of the emerging right to gender self-determination and its consequences for law and society, such as the future of sex/gender registration and the protection of trans persons against discrimination. Given the importance of State practice for the development of the right to gender self-determination and its implementation in law, particular attention is given to the national contexts of Belgium, Germany and Norway. These three countries may be perceived as world leaders in protecting trans rights, and therefore noteworthy 'laboratories' for future State practice. This book brings together international experts to discuss questions and challenges relating to the legal articulation of the emerging right to gender self-determination and its consequences for law and society, such as the future of sex/gender registration and the protection of trans persons against discrimination. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. States in the Global North increasingly cooperate with those in the Global South to stem irregular migration flows. As a result, many refugees and migrants are contained in Global South States with relatively weak track records in terms of socio-economic rights. This raises questions as to the responsibility of the various States involved for their plight. Yet existing scholarship pays scant attention to the fact that migration control agreements often result in widespread violations of the socio-economic rights of people on the move contained in the Global South. This book fills this gap in the literature by examining the States that are responsible for these violations.First, the book depicts the plight of people on the move contained in the Global South and traces the development of cooperative migration control policies. Second, it examines to what extent sponsor States in the Global North and partner States in the Global South have obligations under international human rights law to realise the socio-economic rights of people on the move. It analyses the scope of partner States' obligations towards people on the move on their territory as well as sponsor States' extraterritorial obligations, including both their direct obligations - triggered when they exercise extraterritorial jurisdiction - and their global obligations of international assistance and cooperation. Lastly, the book explores the circumstances under which each State involved in migration control incurs responsibility for the violations of the socio-economic rights of people on the move and how the responsibility of one State relates to that of another.This book is particularly relevant for human rights and migration scholars, as well as legal scholars working on issues of shared responsibility more generally. It would also be of interest to policy makers, lawyers and judges who face complex legal questions raised by cooperative migration control. States cooperate to stem irregular migration flows, yet migration control agreements often result in widespread violations of the socio-economic rights of people on the move contained in the Global South. This book examines the States that are responsible for these violations. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. In various European countries such as France, Italy, and the Netherlands, lawmakers have adopted legislation in order to deal with the consequences of the economic crisis. These laws contain provisions aimed at speeding up administrative decision making and judicial proceedings which have an impact on various provisions of general administrative law. Alongside the aim of facing the economic crisis, these measures aim to make administrative law more up-to-date and ensure it meets the needs of contemporary society.However, acceleration measures concerning decision-making and judicial proceedings may clash with the need to preserve the quality of these proceedings. On the one hand, swift procedures can be considered to be one aspect of high-quality decision making. On the other hand, other aspects of quality such as public participation and the thorough consideration of all relevant aspects and interests, may be at risk when the speed of decision-making is the only focus of reforms.Quality and Speed in Administrative Decision-Making: Tension or Balance? presents six national perspectives on these issues, together with a comparative overview comparing and contrasting national approaches with regards to finding a balance between the pace of proceedings and the quality of administrative and judicial decisions.The book will be of interest to academics of European and comparative administrative law, as well as policy-makers at the national and European level. Quality and Speed in Administrative Decision-Making: Tension or Balance? presents six national perspectives on the issues surrounding legislation brought in to deal with the consequences of the economic crisis. It also includes a comparative overview comparing and contrasting national approaches. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. The continuing and accelerating process of European integration impacts on European legal education, or ought to have its impact on our ideas about legal education in Europe. Although legal education in Europe is mainly national and usually conducted in the national language, there are initiatives that seek to break through the national barriers and move towards a truly European legal education. The Maastricht European Law School, which focuses on European Union law, international law and comparative law, fully taught in English, is one of these initiatives. In this edited volume we have endeavoured to reflect upon European Legal education in the light of that program, which has been on offer for a couple of years now and which attracts a great deal of students from all over Europe and the world as well, and to offer to interested readers ways forward as well as obstacles and points to ponder. This books pays attention to the developments in European law and the effects these have on legal education in general as well as in other fields.Drawing from their own experiences, the authors describe the current state of law, offer perspectives on future developments and explain how they translate these developments in the law school curriculum. All the contributions in this book have in common that each author seeks to better prepare students for a future in a more integrated Europe. It is our purpose to generate a European debate about the subject and to move the European discussion forward to concrete steps to effectively establish European legal education for new generations of lawyers that will work in an increasingly Europeanised legal domain. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. A book series devoted to the common foundations of the European legal systems. The Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University. This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure.Europe is in a period of increasing Europeanisation of civil procedure. Procedural elements of EU law are based on decentralised enforcement, leaving enforcement and procedural issues to the Member States. Consequently, there is vast amount of EU case law that is relevant for national procedural law. The supremacy of EU law and, inter alia, the requirements of effectiveness and equivalence may be relevant for several topics of national civil procedural law, for example ex officio application of EU law, enforcement, insolvency proceedings, evidence, etc. Both EU legislation and doctrinal changes in EU case law touch upon various topics of the procedural law of the Member States. In a concluding chapter, a more comprehensive comparison between the countries represented in the book is made. Which doctrines, which pieces of legislation or features in legislation pose problems for national civil procedure? Are some legal systems or topics more prone to integrate European rules, and are others more resistant to changes? This book displays the Europeanisation of national civil procedure law and helps to understand this development from the perspective of Member States. This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Paperback. Condizione: new. Paperback. Technological and economical developments require contracting parties to be informed and advised: informed about the characteristics of the services or the goods they order; well advised about their choices and options; informed about the remedies that may be used against them; and well protected from the consequences of a lack of information or notification.This book analyses several aspects of these information and notification duties. It is the result of fruitful collaboration as part of the Ius Commune Research Schools Contract Law and Law of Obligations research programme. Information and notification duties were the theme of a contract law workshop during the 19th Ius Commune Conference in Edinburgh in November 2014. This book contains the proceedings of that workshop, with contributions by Sanne Jansen (Leuven), Johanna Waelkens (Leuven), Johan Vannerom (Leuven), Carien de Jager (Groningen), Joasia Luzak (Amsterdam), Gerard de Vries (Amsterdam), and Mark Kawakami and Catalina Goanta (Maastricht), with an introduction by Ilse Samoy (Leuven) and Marco B.M. Loos (Amsterdam). Technological and economical developments require contracting parties to be informed and advised. This book analyses several aspects of these information and notification duties. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.