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Books > Law > International law > General
This collection is the multifaceted result of an effort to learn
from those who have been educated in an American law school and who
then returned to their home countries to apply the lessons of that
experience in nations experiencing social, economic, governmental,
and legal transition. Written by an international group of scholars
and practitioners, this work provides a unique insight into the
ways in which legal education impacts the legal system in the
recipient's home country, addressing such topics as efforts to
influence the current style of legal education in a country and the
resistance faced from entrenched senior faculty and the use of U.S.
legal education methods in government and private legal practice.
This book will be of significant interest not only to legal
educators in the United States and internationally, and to
administrators of legal education policy and reform, but also to
scholars seeking a more in-depth understanding of the connections
between legal education and socio-political change.
Twenty years following the introduction of the euro as single
European currency, it remains unclear whether Article 128 of the
TFEU enshrines an autonomous concept of legal tender with regard to
the euro or whether the provision merely refers to pre-existing
concepts of legal tender in the national laws of member states.
This work collects all contributions to the 2018 conference "The
Euro as Legal Tender" held in Frankfurt-am-Main.
Common European Legal Thinking emanates from the existence of a
shared European legal culture as especially reflected in the
existence of a common European constitutional law. It denotes a
body of individual constitutional principles - written and
unwritten - that represent the common heritage of the constitutions
of the Member States. Taking into account the two major European
organisations, the Council of Europe and especially the European
Union, the essays of this Festschrift discuss a range of
constitutional principles, including the rule of law, democracy,
and the exercise of political power in a multilevel system which
recognises fundamental rights as directly applicable and supreme
law. Other essays examine the value of pluralism, the commitment of
private organisations to uphold public values, principles or rules,
and the objectives and methods of a transnational science of
administrative law. These articles highlight the fact that the Ius
Publicum Europaeum Commune is "politically" in the making, which
can often be seen in the shape of general legal principles. The
publication recognises the role of Albrecht Weber as a forerunner
of Common European Legal Thinking.
This book offers a general framework for understanding the main
concepts, rules, and institutions of the Thai legal system. It
details the history of the civil and commercial code and provides
readers with valuable information about the main principles that
regulate relations between private individuals. Written in a clear
and easy-to-understand style, it first presents the general
principles of law and then addresses more specific aspects. It not
only defines private law, but also explores how it works, and why
it works the way it does. Topics covered include general rules of
law, the law of obligations and contracts, the management of
affairs without mandate and unjustified benefits, the law of
property, family law and the law of inheritance.
From the historic launch of the organization by such luminaries as
Elihu Root and Charles Evans Hughes, to the recent era when
international law is more and more in the public realm, Kirgis's
book traces the evolution of the organization and its relationship
to events in the United States and around the world. As he says in
the preface: "'...In the end, the reader will have to make his/her
own judgment about how well the Society has run the course it set
out for itself in 1906. I hope this book will provide a basis for
that judgment. And of course no judgment at this stage can be
final. The American Society of International Law will carry on into
its second century with new and continuing programs that take into
account what it has done in its first one hundred years. It will
continue to do its best to demonstrate not only what international
law is or should be, but also that, in the words of former ASIL
President Louis Henkin, international law matters.'"
Internationally, there is now an acceptance of the need to develop
new strategies in criminal justice which reflect restorative
justice principles. At the same time, theory, research and practice
in restorative justice is making rapid advances. This book provides
an up-to-date and critical account of recent developments. It
describes the practice of restorative justice with respect to young
offenders in a number of jurisdictions - Australia, Canada,
England, New Zealand, South Africa, the United States and various
continental European countries. Research findings on the three most
common formats - conferencing, victims offender mediation and
circles - are presented. Critical issues for the future development
of restorative justice are identified. Two main themes run through
the collection - the potential of restorative processes to
transform criminal justice processes and the potential for
aboriginal or indigenous communities to impact on conventional
processes. Contributors include active researchers and leading
theorists from around the world.
Global finance is in the middle of a radical transformation fueled
by innovative financial technologies. The coronavirus pandemic has
accelerated the digitization of retail financial services in
Europe. Institutional interest and digital asset markets are also
growing blurring the boundaries between the token economy and
traditional finance. Blockchain, AI, quantum computing and
decentralised finance (DeFI) are setting the stage for a global
battle of business models and philosophies. The post-Brexit EU
cannot afford to ignore the promise of digital finance. But the
Union is struggling to keep pace with global innovation hubs,
particularly when it comes to experimenting with new digital forms
of capital raising. Calibrating the EU digital finance strategy is
a balancing act that requires a deep understanding of the factors
driving the transformation, be they legal, cultural, political or
economic, as well as their many implications. The same FinTech
inventions that use AI, machine learning and big data to facilitate
access to credit may also establish invisible barriers that further
social, racial and religious exclusion. The way digital finance
actors source, use, and record information presents countless
consumer protection concerns. The EU's strategic response has been
years in the making and, finally, in September 2020 the Commission
released a Digital Finance Package. This special issue collects
contributions from leading scholars who scrutinize the challenges
digital finance presents for the EU internal market and financial
market regulation from multiple public policy perspectives. Author
contributions adopt a critical yet constructive and
solutions-oriented approach. They aim to provide policy-relevant
research and ideas shedding light on the complexities of the
digital finance promise. They also offer solid proposals for reform
of EU financial services law.
Connected to the jurisprudence surrounding the copyrightability of
a factual compilation, this book locates the footprints of the
standard envisaged in a US Supreme court decision (Feist) in
Europe. In particular, it observes the extent of similarity of such
jurisprudence to the standard adopted and deliberated in the
European Union. Many a times the reasons behind law making goes
unnoticed. The compelling situations and the history existing prior
to an enactment helps in understanding the balance that exists in a
particular legislation. While looking at the process of enacting
the Database Directive (96/9/EC), this book reflects upon the
concern that was expressed with the outcome of Feist decision in
Europe.
This book discusses affirmative action or positive discrimination,
defined as measures awarding privileges to certain groups that have
historically suffered discrimination or have been underrepresented
in specific social sectors. The book's underlying rationale is that
one cannot place at the same starting point people who have been
treated differently in the past because in this way one merely
perpetuates a state of difference and, in turn, social gaps are
exaggerated and social cohesion is endangered. Starting out with an
introduction on the meaning and typology of affirmative action
policies, the book goes on to emphasise the interaction of
affirmative action with traditional values of liberal state, such
as equality, meritocracy, democracy, justice, liberalism and
socialism. It reveals the affirmative action goals from a legal and
sociological point of view, examining the remedial, cultural,
societal, pedagogical and economy purposes of such action. After
applying an institutional narrative of the implementation of
affirmative action worldwide, the book explains the jurisprudence
on the issue through syntheses and antitheses of structural and
material variables, such as the institutional recognition of the
policies, the domains of their implementation and their
beneficiaries. The book eventually makes an analytical impact
assessment following the implementation of affirmative action plans
and the judicial response, especially in relation to the
conventional human rights doctrine, by establishing a liaison
between affirmative action and social and group rights.. The book
applies a multi-disciplinary and comparative methodology in order
to assess the ethical standing of affirmative action policies, the
public interests involved and their effectiveness towards actual
equality. In the light of the above analysis, the monograph
explains the arguments considering affirmative action as a theology
for substantive equality and the arguments treating this policy as
anathema for liberalism. A universal discussion currently at its
peak.
The issue of prisoners in war is a highly timely topic that has
received much attention from both scholars and practitioners since
the start of the military operations in Afghanistan and Iraq and
the ensuing legal and political problems concerning detainees in
those conflicts. This book analyzes these contemporary problems and
challenges against the background of their historical development.
It provides a multidisciplinary yet highly coherent perspective on
the historical trajectory of legal and ethical norms in this field
by integrating the historical analysis of war with a study of the
emergence of the modern legal regime of prisoners in war. In doing
so, it provides the first comprehensive study of prisoners,
detainees and internees in war, covering a broad range of both
regular and irregular wars from the crusades to contemporary
counterinsurgency campaigns.
The book revolves around two major developments: First, there has
been a continuous increase in the political relevance of prisoners
in war, in particular since the emergence of POW camps in the
nineteenth century. Secondly, and related, the growth in the legal
regime pertaining to prisoners had contradictory consequences.
Whilst it enhanced the protection of prisoners in regular
conflicts, its state-centric bias tends to exclude combatants who
do not fit the template of regular inter-state war. Detainees in
the 'war on terror' embody both tendencies, the development of
which, however, is by no means a novel phenomenon.
This book is a project of the Oxford Leverhulme Programme on the
Changing Character of War.
A Basic Guide to International Business Law is an introduction to
those parts of European and international law that are relevant to
business. Having read this book, students will come away with a
broad understanding of the international rules of law within the
EEC, institutional rules of the European Union, international
contract law, rules of competition and the four freedoms within the
EEC. The edition includes student friendly features, such as
summaries of statements and references to relevant case law, making
the book an ideal introduction for those on law and/or business
programmes.
This edited volume focuses on specific, crucially important
structural measures that foster corporate change, namely
cross-border mergers. Such cross-border transactions play a key
role in business reality, economic theory and corporate, financial
and capital markets law. Since the adoption of the Cross-border
Mergers Directive, these mergers have been regulated by specific
legal provisions in EU member states. This book analyzes various
aspects of the directive, closely examining this harmonized area of
EU company law and critically evaluating cross-border mergers as a
method of corporate restructuring in order to gain insights into
their fundamental mechanisms. It comprehensively discusses the
practicalities of EU harmonization of cross-border mergers, linking
it to corporate restructuring in general, while also taking the
transposition of the directive into account. Exploring specific
angles of the Cross-border Mergers Directive in the light of
European and national company law, the book is divided into three
sections: the first section focuses on EU and comparative aspects
of the Cross-border Mergers Directive, while the second examines
the interaction of the directive with other areas of law (capital
markets law, competition law, employment law, tax law, civil
procedure). Lastly, the third section describes the various member
states' experiences of implementing the Cross-border Mergers
Directive.
This book examines EU Eastern Partnership taking into account
geopolitical challenges of EU integration. It highlights reasons
for limited success, such as systematic conflict of EU External
Action. In addition, the book analyses country-specific issues and
discusses EaP influence on them, investigating political, economic
and social factors, while seeking for potential solutions to
existing problems. The reluctance of the Eastern countries to the
European reforms should not reduce political pro-activeness of the
EU. The authors suggest that EaP strategies should be reviewed to
be more reciprocal and not based solely on the EU-laden agenda.
This book is one of the good examples of cooperation between
scholars not only from EaP and EU countries, but also from
different disciplines, bringing diversity to the discussion
process.
This book addresses one central question: if justice is to be done
in the name of the community, how far do the decision-makers need
to reflect the community, either in their profile or in the
opinions they espouse? Each contributor provides an answer on the
basis of a careful analysis of the rules, assumptions and practices
relating to their own national judicial system and legal culture.
Written by national experts, the essays illustrate a variety of
institutional designs towards a better reflection of the community.
The involvement of lay people is often most visible in judicial
appointments at senior court level, with political representatives
sometimes appointing judges. They consider the lay involvement in
the judicial system more widely, from the role of juries to the
role of specialist lay judges and lay assessors in lower courts and
tribunals. This lay input into judicial appointments is explored in
light of the principle of judicial independence. The contributors
also critically discuss the extent to which judicial action is
legitimised by any 'democratic pedigree' of the judges or their
decisions. The book thus offers a range of perspectives, all shaped
by distinctive constitutional and legal cultures, on the thorny
relationship between the principle of judicial independence and the
idea of democratic accountability of the judiciary.
International lawyers have often been interested in the link
between their discipline and the foundational issues of
jurisprudential method, but little that is systematic has been
written on this subject. This book fills the gap by focusing on
issues of concept-formation in legal science in general, as well as
looking at their application to the specific concerns of
international law. In responding to these issues, the author argues
that public international law seeks to establish and
institutionalize a system of authoritative judgment whereby the
conditions by which a community of states can co-exist and
co-operate are ensured. A State, in turn, must be understood as
ultimately deriving legitimacy from the pursuit of the human
dignity of the community it governs, as well as the dignity of
those human beings and States affected by its actions in
international relations. This argument is in line with a long and
now resurgent cosmopolitan tradition in legal and political
philosophy. The book shows how this approach is reflected in
accepted paradigm cases of international law, such as the United
Nations Charter. It then explains how this approach can provide
insights into the theoretical foundations of these accepted
paradigms, including our understanding of the sources of
international law, international legal personality, and the design
of global institutions. ..".Capps' writing style is clean,
measured, and written with obvious passion. He engages the reader
in back and forth discussions that stimulate thought-provoking
questions....It can be said with certainty that Human Dignity and
the Foundations of International Law is a comprehensive, well
thought out, and welcome addition to the field of philosophy and
the law." Saskatchewan Law Review 2012, Vol. 75
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