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.

This text contains articles on issues such as: transnational terrorism; limitations on the power of the UN Security Council to exercise its enforcement powers under Chapter VII of the Charter; on the uniting of States in respect of treaties; and the weighing of evidence in a dual national case at the Iran-United States Claims Tribunal. The documentation section surveys Dutch state practice for the parliamentary year 1994-1995; international agreements to which the Netherlands is a party; Netherlands judicial decisions and municipal legislation involving questions of public international law, and Dutch literature in the field of public international law and related matters. This Yearbook is included in the 1995 subscription to the Netherlands International Law Review (Volume 42).

This volume gathers the contributions of leading researchers in the fields of bioethics, medical law and human rights. By providing an interdisciplinary reading of advance directives regulation against the background of European and International law, this book aims to offer new insights into the most controversial legal issues surrounding the theme of dignity and autonomy at the end of life. Cross-cultural perspectives from Europe, the Americas, Australia and China offer a comparative analysis of legal approaches to end-of-life decision-making and care, including the hotly debated issues of euthanasia and assisted suicide, also giving an account of recent developments in domestic legislation and jurisprudence. Special focus is placed on the Italian legal system and its ongoing discussion on advance directives regulation.

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.

Lord Slynn of Hadley is one of the outstanding judges of his time. He has served as a High Court Judge, as an Advocate General and Owa Judge of the European Court of Justice, and he has been a Lord of Appeal for ten years. This Liber Amicorum bears testimony to the international reputation that he has achieved for his judgments and for his scholarship. In the many distinguished contributions, judges from international courts and from Supreme Courts and Constitutional Courts, together with academics from leading universities around the world, have taken the opportunity to celebrate the accomplishments of Lord Slynn's legal career thus far, and also to discuss areas of law where Lord Slynn can be expected to give important impulses to further development. The thirty years of the legal life of Lord Slynn of Hadley (Gordon Slynn as he is known to his friends) have seen remarkable developments and changes in the legal scenery, both domestic (British), and international. This book, by his friends, extends widely. Recollect that there is a separate volume covering the European Court of Justice, and yet there is enough in this publication to celebrate several separate careers. The reader will note that there are contributions from justices of eight Supreme Courts, plus the German Constitutional Court, the Conseil Constitutionel and the European Court of Human Rights, from ten universities, many of them multiple, together with famous institutions and individuals in many different fields. Even Lord Slynn's young lecturer interest in Air Law is reflected by a professional paper on the Law of Space. Many, if not most, of the contributions bear, appropriately, on the question of the role of courts in reviewing actions of the legislature and the executive, but there are also articles to attract other diverse specialists, several, no doubt to Lord Slynn's pleasure, provocative and forward-looking. Lord Slynn is happily still in office, so this is really a "Festschrift" of celebration.

This yearbook's principal aim is to review significant legal developments in international business and offers an important forum and point of reference for international legal practitioners. Volume 15 continues to develop the inclusion of materials which are of particular value to practitioners and advisers working within the international business sector. The 1993 volume gathers a range of considerable international expertise to bear upon issues of insolvency administration, rights and remedies of foreign creditors in bankruptcy and insolvency proceedings, enforcement of judgments, product liability in the EC, EC association agreements, commercial agency, environmental regulations, foreign parent corporate liability for subsidiaries, construction contracts, and the International Sale of Goods Convention. From Volume 15, each forthcoming volume of the Yearbook will contain its own index. In addition a cumulative index, starting in 1993, will be published as a separate volume, updated approximately every three years. The Yearbook is published under the auspices of the Center of International Legal Studies, Austria.

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.

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.

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.

It has been clear for some time that commercial law has been undergoing a "transnationalization" process, with various sets of rules (often referred to collectively as Lex mercatoria or the New Law Merchant) supplanting national and local laws governing the mechanisms by which cross-border agreements are entered into and disputes settled. In order to clarify the nature and extent of this process, a scientific survey, sponsored by the Volkswagen Foundation and using empirical methodology, was designed by a Research Team from the Centre for Transnational Law (CENTRAL) of Munster University, Germany. A questionnaire was sent out to more than 2,700 practitioners from major companies and international law firms in 78 countries asking for the addressees' experience with transnational law in international contract negotiations, contract drafting, and international commercial arbitration. The results of this enquiry, along with analysis and commentary from several well-known authorities in the fields of international commercial arbitration and private international law, were presented at a conference in Munster on May 4 and 5, 2000. This book is a record of that conference. "The Practice of Transnational Law" provides a comprehensive and realistic evaluation of how transnational commercial law is used in international legal practice today. The contributions of the speakers - including Yves Derains on the CC Arbitration Rules and Michael Joachim Bonell on the UNIDROIT Principles, as well as commentary by Emmanuel Gaillard, Friedrich K. Juenger, Norbert Horn, and Klaus Peter Berger - add an insightful and lively dimension to the empirical data presented in the annexes. Commercial law practitioners and business people all over the world should appreciate the new level of discussion initiated by this book.

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.

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.

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.

This remarkable and timely book draws together all the strands of law in this controversial area, both de facto and de jure. Its comprehensive coverage includes such eminently useful materials as the following:
- thirty actual company policies regarding on-line communications, from a wide variety of business sectors, with detailed analysis;
- texts of four company codes of practice;
- actual views of trade unions and employers organizations;
- analysis of relevant existing laws on access, monitoring, liability, sanctions, and the rights of employee representatives;
- two proposed model codes of practice, one for the individual user and one for employee representatives; and,
- appendices including Belgium's National Collective Agreement No. 81 and the regulatory bill and advisory opinions that led up to it.

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.