This book instructively introduces the reader to the basics of Jewish law. It gives a detailed, cutting-edge analysis of contemporary public and private law in the State of Israel, as well as Israel's legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality.

Here is a deeply researched and very detailed book that explores, as thoroughly as has ever been done whether competition law can combat oligopolistic markets. Drawing on the two bodies of law -- U.S. and EC -- that offer the widest range of experience, US and EC Oligopoly Control assesses whether, by the rule of law, the destructive economic trend that is becoming more and more characteristic of today's global economy can be countered by means of applying the core competition provisions. Among the crucial legal concepts examined in the book in depth are the following:
- abuse of a collective dominant position;
- facilitating practices;
- substantial lessening of competition; and
- non-coordinated unilateral effects.

JOIN OVER HALF A MILLION STUDENTS WHO CHOSE TO REVISE WITH LAW EXPRESS Revise with the help of the UK's bestselling law revision series. Features: * Review essential cases, statutes, and legal terms before exams. * Assess and approach the subject by using expert advice. * Gain higher marks with tips for advanced thinking and further discussions. * Avoid common pitfalls with Don't be tempted to. * Practice answering sample questions and discover additional resources on the Companion website. www.pearsoned.co.uk/lawexpress

Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.

This book puts forward a new theoretical concept of the juridical act, this concept is not described from the perspective of a specific national legal system, but instead represents the commonalities and ideas that stem from the Western legal tradition. Since the concept is system-independent, it does not rely on national or state laws. The book begins by detailing those characteristics that distinguish juridical acts from the general group of acts. It offers clear distinctions between the different aspects of juridical acts, such as the power and the competence needed in order to perform the act, the fact that juridical acts are constitutive speech acts, and the rules that connect the act with its consequences. In the process, the book dispels much of the haziness currently surrounding juridical acts. Developed with a mix of theory and practice, this new concept is better equipped to deal with modern trends and practices. Further, since the author has freed the idea of the juridical act from the bonds of history and geography, it is also more suited to facilitating a better understanding of and explaining changes in the legal landscape, such as the rise of computer technology. Accordingly, it offers scholars and practitioners alike a valuable new tool for explaining and theorizing about the law.

Violations of international law and human rights laws are the plague of the twentieth and twenty-first centuries. People's inhumanity to people escalates as wars proliferate and respect for human rights and the laws of war diminish. In Decoding International Law: Semiotics and the Humanities, Professor Susan Tiefenbrun analyzes international law as represented artfully in the humanities.
Mass violence and flagrant violations of human rights have a dramatic effect that naturally appeals to writers, film makers, artists, philosophers, historians, and legal scholars who represent these horrors indirectly through various media and in coded language. This reader-friendly book enables us to comprehend and decode international law and human rights laws by interpreting meanings concealed in great works of art, literature, film and the humanities. Here, the author adopts an interdisciplinary method of interpretation based on the science of signs, linguistics, stylistics, and an in-depth analysis of the work's cultural context.
This book unravels the complexities of such controversial issues as terrorism, civil disobedience, women's and children's human rights, and the piracy of intellectual property. It provides in-depth analyses of diverse literary works: Joseph Conrad's The Secret Agent and the movie Hotel Rwanda (both representing terrorism); Martin Luther King's Letter from Birmingham Jail; two documentary films about women and family law in Iran, Divorce Iranian Style and Two Women; Lisa See's Snow Flower and the Secret Fan (women's human rights and human trafficking in China); Uzodinma Iweala's Beasts ofNo Nation (shedding light on child soldiering and trafficking in Africa), and much more.

In the legal areas of contractual claims and tax claims, various requirements exist in EU law and in applicable conventions for the recognition and enforceability of foreign titles of execution, judgments and decisions. Besides the requirements that a foreign title of execution should fall under its particular scope of application, territorial scope, scope of claims, and scope in time, there are often additional requirements and limitations that give rise to possibilities and restrictions, and play an important role in determining the enforceability or non-enforceability of claims. Consequently, an early analysis related to these provisions is a crucial step in assessing the possibility of success or risk of failure. Also, this book focuses on preventive security arrangements and precautionary measures that offer the creditors the widest possible assurance of obtaining an enforceable cross-border title of execution and recovering claims in the event of non-payment by the debtor - all while adhering closely to such guiding principles as efficiency, legal certainty, predictability, and the establishment of a proper balance between the interests of the claimant and the defendant. The author pays close attention to relevant factors as the following: the debtor's privacy interest, the creditor's efficiency interest, legal principles of non-discrimination, proportionality, territoriality, universality, and mutuality; the legal historical background aimed at facilitating an understanding of the developments resulting in the present legal solutions; the role of regulated enforcement and recovery agents; a foreign State's immunity against civil execution measures; recognition and enforceability of titles of execution; grounds of non-recognition or refusal and other obstacles to enforcement or recovery and interim measures; periods of limitation and the enforcement of a contested claim; appeals, costs, repayment and referral provisions to national laws; access to information for enforcement purposes in the international context; the possible alternative to cross-border enforcement of claims, international insolvency. The analysis considers the provisions of applicable EU law and Conventions in the areas of the enforcement of contractual claims, maintenance claims in family matters, the recovery of tax and social security claims and claims related to criminal matters and on insolvency. Case law of the ECHR and the ECJ is drawn on liberally.

Do independent boards of appeal set up in some EU agencies and the European Ombudsman compensate for the shortcomings of EU Courts? This book examines the operation of EU judicial and extra-judicial review mechanisms. It confronts the formal legal rules with evolving practices, relying on rich statistical data and internal documents. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties in the process. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it casts light on how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.

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.

This book presents the results of extensive international comparative research into the effects of the economic and financial crisis on democratic institutions and social cohesion policies. The collected studies describe and analyse the measures (often referred to as "reforms") adopted to counter the crisis and the effects of these measures.It investigates three areas: the impact on the functioning of institutions, with respect to the relationship between representative institutions and governments, and the organisational structure of administrations at national and local levels; the impact that the austerity policies on public spending have on social rights; and the impact on traditional instruments of public action (administrative simplification, public services delivering, the use of common assets).The general findings highlight the effect of reducing the administrative and government capacity of the democratic institutions: the public sector, rather than being innovative and made more effective, declines, offering increasingly poor public services and making bad decisions, fuelling substantive or formal privatisation solutions, which in turn cause further weakening.

How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom. Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.

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

Company lawyers handling insolvency cases and issues will find nothing comparable to this expert work. Its direct practical usefulness is immediately apparent. In addition, however, it stands out as a preeminent work on a critical and hard-won legal instrument (and by extension on the entire field of European insolvency law) and as such is an essential resource for jurists and legal academics.