This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.

The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the United Nations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity underlies the international system's commitment to preserve states' territorial integrity and political independence, often at the expense of other values. For those who impute to the international legal order an inherent purpose to establish a universal justice that transcends the boundaries of territorial communities, the legal prerogatives associated with state sovereignty appear as impediments to the global advance of legality. That view, however, neglects the danger of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. Though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properly overridden only in a limited range of cases. Sovereign Equality and Moral Disagreement accomplishes two tasks. One is to construct a unifying account of the manifestations of the principle of sovereign equality in international legal norms governing a range of subject areas, from foundational matters such as the recognition of states and governments to controversial questions such as legal authority for extraterritorial criminal prosecution and armed intervention. The other is to defend the principle as a morally sound response to persistent and profound disagreement within the international community as to the requirements of legitimate and just internal public order.

"International Politics: A Journal of Transnational Issues and Global Problems" (a Kluwer scholarly quarterly) has, since 1997, published an array of analyses about the world's political metamorphosis. Featuring scholarship that transcends boundaries of states and disciplines, "International Politics" editors and contributors have joined to assemble, from the journal's last few volumes, a far-reaching portrait of actors, identities, norms and institutions that populate a stage once confined to states, power and national interests. Further, interventions to build states, make or keep the peace, impose sanctions or save currencies are examined, as are the institutional enlargements at the forefront of policy in Europe. "Global Society in Transition" offers a variety of policy-relevant scholarship about a world-in-making - not yet detached from Cold War or even Westphalian roots, but certainly in the process of moving towards a qualitatively different global system. Published after rigorous peer review, the chapters in this book should provide comparative politics, international relations and world affairs courses at undergraduate and graduate level with access to contemporary research and innovative thinking in these fields.

"This book offers the ideal way for foreign lawyers, business executives, accountants, and professional advisors, to get a solid understanding of Dutch corporate law. This book represents a unique publication in the English language, and an indispensable tool for anybody who is involved in corporate matters in the Netherlands. Many international companies are or use Dutch holding companies. Therefore, the book addresses a wide audience. The book incorporates recent substantial changes in corporate law in the Netherlands."

The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.

Competition law has traditionally been enforced in Europe via a public administrative authority, primarily the European Commission, but also increasingly by Member State National Competition Authorities. However, public enforcement does not compensate victims of competition law infringements. Private enforcement is central to US antitrust law enforcement, and the availability of class actions underscores the importance of consumer rights and redress. Over the last 20 years there has been considerable debate and developments in the EU to facilitate and encourage private enforcement, in particular in relation to consumer redress.

This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le present ouvrage reunit les contributions de juristes internationaux reconnus en vue d'eclairer les multiples facettes de l'histoire du droit international public. L'ouvrage analyse et questionne les origines et les fondements de l'ordre juridique international. Une attention toute particuliere est dediee a Hugo Grotius l'un des peres fondateurs du droit international. D'autres contributions questionnent egalement la tradition positiviste initiee par Vattel et confortee par la doctrine du 19eme siecle. Cette immersion dans les origines doctrinales du systeme juridique international est enrichie par l'etude de la pratique du droit international public, son evolution ainsi que le role des traditions non-occidentales et l'impact de la colonisation.

70 experts convened for a joint conference on CFC legislations in Rust (Austria) from 3-6 July 2003. 23 National Reports from nearly all EU countries as well as Australia, the Czech Republic, Estonia, Hungary, Israel, Lithuania, New Zealand and Norway deal with domestic CFC provisions and the influence of DTCs and EC law on CFC legislations. These National Reports and a summarizing General Report have been compiled and published in this volume.

The papers in this volume address the provisions of the 1999 Hague Jurisdiction and Judgments Draft Convention and the state of the negotiations as of the summer of 2000. They were presented at the symposium "A Global Law of Jurisdiction and Judgments: Lessons from The Hague," held in July 2000 at the Centre Pantheon (University of Paris I Law Faculty) as a part of the Cornell-Paris I Summer Institute of International and Comparative Law. Part I focuses on the jurisdiction provisions of the 1999 Draft Convention. For the most part, the papers in Part II look to the future, though they also deal briefly with the judgments provisions of the 1999 Draft. One paper takes up changes in European Union law that will significantly affect future negotiations concerning the Draft Convention. The other two offer analyses of the major hurdles blocking the way to a successful convention and proposals for vaulting those hurdles. At the beginning of each of the two Parts a brief commentary on the papers presented in each Part is also included. The papers analyze the jurisdiction provisions of the 1999 Hague Jurisdiction and Judgments Draft Convention and shed light on many of the basic difficulties that must be resolved if a global law of jurisdiction is to be achieved. In a second part of this book, another set of papers discuss the less controversial judgments provisions of the Draft Convention, as they also look to the future of these critical international negotiations. As work on The Hague Jurisdiction and Judgments Convention continues, these papers will serve as a major reference point. The papers will also form a part of the historical background and commentary on what may become before long aglobal law of jurisdiction and judgments. Revised for this volume, the papers remain up-to-date, yielding a volume that is fundamentally forward-looking with commentary on and overview of the papers presented in each part. The benefits of this publication include critical analyses of The Hague Jurisdiction and Judgments Draft Convention by authors and editors with great expertise and reputation. This volume provides critical analyses of the Draft Convention and should appeal to any private international specialist.

This riveting memoir tells of the fate of a Soviet dissident, Alexander Shatravka, who tried to escape from the Soviet Union in the 1974, only to be caught and returned to twelve years of imprisonment in Soviet psychiatric hospitals and labor camps. Released in 1986, just in time for the momentous changes of glasnost and perestroika, Shatravka eventually made his way to the West. Saturated with tales and memoirs from the other side of the Iron Curtain, Shatravka's memoir of his escape, which he wrote for underground circulation, languished in obscurity and archives - until now. In a stunning translation from the original Russian by Shatravka's ex-wife Catherine Fitzpatrick, his story of dashed hopes and ultimate fulfillment is as fresh as ever. With the ranks of the once-vibrant Soviet dissident movement depleted by death and old age, we find each account valuable in a world where Soviet crimes against humanity never had their Nuremberg, and where the perpetrators were never brought to justice. With the return of the abuse of psychiatry under Russian President Vladimir Putin's regime, Shatravka's tale is a timely warning about threats to freedoms so dear and yet so fragile. Shatravka's account also contributes a rare and invaluable look at Soviet provincial life, often overlooked in a field of literature dominated by urban elite dissidents, and captures the hopes and dreams of scores of ordinary people caught in the net of oppression.

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fsil.fi/fybil

The explosion of Pan Am Flight 103 over Lockerbie, Scotland, in December 1988, should never have happened. Wallis, who has extensive, direct, personal knowledge of aviation security matters gained from his position at the crossroads of security information and the industry's endeavors to combat aviation terrorism, had warned the industry one year before the bombing that the interline element of baggage represented the prime opportunity for terrorist activity and had urged the adoption of passenger and baggage matching, a system that he had helped to develop. Mandated by the FAA for use at high risk airports, it was the feature missing from Pan AM's activity at Frankfort, an omission so cruelly exploited by the bombers. Wallis argues that the priority given by governments to technological solutions to the continuing terrorist threat puts the flying public at unnecessary risk every day.

This volume brings together all of the facts surrounding the sabotage of Flight 103, including the investigation and the civil litigation in which so much of the story unfolded for the first time. It uncovers the fundamental weaknesses in Pan AM's communication and management policies. Wallis supports the policy that politics are politics and explores the possibility that U.S. and U.K. policy towards a neutral trial for the two Libyans indicted for the bombing, which may have been affected by the wider scenario of Middle East politics rather than simple justice for the victims of Lockerbie. Although the tragedy has led to improvements in defense technology for use against acts of aviation sabotage, these methods have yet to be applied universally.

The traditional conception of security as national security against military threats has changed radically since the adoption of the UN Charter in 1945. The perceived nature and sources of threats have been widened as well as the objects of protection, now including individuals, societies, the environment as such and the whole globe. In International Law and Changing Perceptions of Security the contributors reflect on whether and how changing concepts and conceptions of security have affected different fields of international law, such as the use of force, the law of the sea, human rights, international environmental law and international humanitarian law. The authors of this book have been inspired by Professor Said Mahmoudi to which this Liber Amoricum is dedicated.

Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. So the law governing attempted crimes is of practical as well as theoretical importance. Questions arising in the adjudication of attempts intersect with questions in the philosophy of action, such as what intention a person must have, if any, and what a person must do, if anything, to be trying to act. Yaffe offers solutions to the difficult problems courts face in the adjudication of attempted crimes. He argues that the problems courts face admit of principled solution through reflection either on what it is to try to do something; or on what evidence is required for someone to be shown to have tried to do something; or on what sentence for an attempt is fair given the close relation between attempts and completions. The book argues that to try to do something is to be committed by one's intention to each of the components of success and to be guided by those commitments. Recognizing the implications of this simple and plausible position helps us to identify principled grounds on which the courts ought to distinguish between defendants charged with attempted crimes.

One of the greatest figures in modern international law, James Brown Scott 1866-1943] intended to publish an autobiography titled Adventures in Internationalism. He wrote a few paragraphs for this book, but he never completed it. He decided instead to entrust his life's story to George A. Finch, a protege and friend. Finch began work on a biography with Scott's participation in the late 1930s, but he never completed it. Using Finch's manuscripts and notes Butler has produced a compelling study of Scott's key role in the international law movement, participation in several important diplomatic conferences and work as an author, secretary of the Carnegie Endowment for International Peace and guiding force behind the American Society of International Law. " Scott] fathered and fostered the development of international law during the greatest period of its history." --Manley O. Hudson, Harvard Alumni Bulletin XXXIII No. 14 (1 January 1931) 419. George A. Finch 1884-1957] was James Brown Scott's assistant and literary executor. He served as assistant director of the Division of International Law at the Carnegie Endowment, and, upon Dr. Scott's retirement, became that division's secretary and director. He was president of the Inter-American Academy of International and Comparative Law and held several positions at the American Society of International Law. At the time of his death he was honorary vice-president of the society and the honorary editor of its journal. He was the author of The Sources of Modern International Law (1937). William E. Butler is the John Edward Fowler Distinguished Professor of Law at Penn State University's Dickinson School of Law. He is the preeminent authority on the law of Russia and other former Soviet republics and the author, co-author, editor, or translator of more than 120 books on Soviet, Russian, Ukrainian and other Commonwealth of Independent States legal systems. Professor Emeritus of Comparative Law at the University of London, Professor Butler is the founder and director of The Vinogradoff Institute, which operates as a unit of Penn State Dickinson. The recipient of numerous honors for his service to Russian and international law, Professor Butler is an Academician of the National Academy of Sciences of Ukraine and the Russian Academy of Natural Sciences and is serving his third term as a member of the Russian International Court of Commercial Arbitration.

The 18 essays in this volume concentrate on the issues surrounding workers' participation, the area of industrial relations uppermost in Marco Biagi's thinking at the time of his assassination in March 2002. The trend toward ever greater employee involvement in managerial decision-making has been growing in Europe for over a decade, to a significant extent as a result of Biagi's work. From the start, he clearly discerned that the key to quality of work was worker participation. This book stands not merely as a homage, but as evidence that Biagi's assassination will not affect the progress he was making. In what amounts to an integrated series of recommendations for further European legislation on workers' participation in industrial relations, the authors analyse and evaluate the following: experience gained from implementation of the European Works Council Directive and the European Company Statute Directive; implications of the new Directive on Information/Consultation in National Undertakings and of the European Forum on the Financial Participation of Workers; and experience in a variety of national contexts, including those of Japan, Italy, France, Belgium, the United Kingdom, Germany, Russia, Poland and Slovenia. In the final analysis, employee involvement - when it is a genuine commitment on the part of all stakeholders - is seen as a sharing of cultural values that successfully reconciles efficiency and social justice. Those who believe this is a goal worth achieving, for reasons both economic and social, will recognize in this book a valuable contribution.

This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.

The First English-Language Treatise on Consular Law. Warden's was the first English-language treatise on consular law and one of the earliest workson the subject. Both a descriptive and prescriptive work, it outlines the ideal qualities of a consul, his role in diplomatic relations and legal status and a review of consular treaties in force at the time. Highly regarded in its day, it was translated into French, the language of nineteenth-century diplomacy, and circulated widely among diplomatic circles. A scarce work today, our edition is enhanced by Professor Butler's extensive introduction, which examines the historical context of this book and the life of its author. David Bailie Warden 1772-1845], an Irish-born American diplomat, was distinguished for his scientific attainments and varied learning. A member of the French Academy and other prestigious learned societies, he was secretary of the United States Legation to France, agent of prize causes, and for many years the United States consul in Paris. "Consular law, it is widely believed, is among the most venerable of the institutes of the law of nations and an early example, in State practice and doctrinal form, of the comparative investigation and analysis of State practice in the form of treaties, national legislation, and judicial application."--William E. Butler, iv