With this Liber Amicorum, around 50 contributors from the legal and judicial professions, from academia and from politics pay tribute to Dr Wolfgang Heusel, the Director of the Academy of European Law (ERA) in Trier from 2000 to 2020. The contributions provide a thorough analysis of some of the most relevant legal and political challenges faced by the European Union, including in the fields of data protection rules, artificial intelligence, the rule of law, human rights protection, institutional reform of the EU and changes in the legal and judicial professions. The book is primarily aimed at postgraduate students, legal practitioners and scholars interested in EU legal matters.

The book provides readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe.The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics.The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.

"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.

The effective and efficient management of water is a major problem, not just for economic growth and development in the Nile River basin, but also for the peaceful coexistence of the millions of people who live in the region. Of critical importance to the people of this part of Africa is the reasonable, equitable and sustainable management of the waters of the Nile River and its tributaries. Written by scholars trained in economics and law, and with significant experience in African political economy, this book explores new ways to deal with conflict over the allocation of the waters of the Nile River and its tributaries. The monograph provides policymakers in the Nile River riparian states and other stakeholders with practical and effective policy options for dealing with what has become a very contentious problem - the effective management of the waters of the Nile River. The analysis is quite rigorous but also extremely accessible.

Reprint of the sole edition of this translation. In this momentous workGrotius describes the situations in which war is a valid tool of lawenforcement and outlines the principles of armed combat. Though basedon Christian natural law, Grotius advanced the novel argument that hissystem would still be valid if it lacked a divine basis. In this regard hepointed to the future by moving international law in a secular direction.This edition was abridged by removing most of the quotations from"ancient historians, orators, philosophers, and poets," which are identifiedin footnotes. As Whewell states in the preface, they tended to "confuse thesubject, obscure the reasoning, and weary the reader." By removing themhe enhanced clarity and reduced the bulk of the work by "more than ahalf" (vi).Hugo Grotius 1583-1645], generally acknowledged as the founderof international law, was an influential Dutch jurist, philosopher andtheologian. Originally published in 1625, De Jure Belli ac Pacis (Onthe Law of War and Peace, translated by Whewell as On the Rights ofWar and Peace) is widely considered to be the first modern treatise oninternational law.William Whewell 1794-1866] wrote on numerous subjects and is knownfor the breadth of his endeavors, and his influence on the philosophy ofscience. He was one of the founding members and an early president ofthe British Association for the Advancement of Science, a fellow of theRoyal Society, president of the Geological Society, and longtime Master ofTrinity College, Cambridge.

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 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.

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.

In the process of globalization, incentives occupy an increasingly important place on the legal scene. Given the critical importance of taxation systems, fiscal measures have become decisive tools to confer incentives in the different stages of the tax raising process. Yet the application of tax incentive rules (via such measures as exemptions, credits, deferrals, cancellations or allowances) remains complex and intricate. Against this background, the regulatory framework of tax incentives, which applies at national levels, derives from two major sources: the law of State aid under EU law and the law of subsidies under WTO law. These two legal systems affect and shape the internal structure of national tax systems. Their adaptation to direct taxation may however be fraught with difficulties. Given that aids and subsidies granted in the form of tax advantages have proliferated over the last decade, it is crucial to investigate whether EU and WTO regulation in this regard is compatible with national tax systems.

The significant media coverage recently given to issues such as the international impacts of biofuel production policies, advances in synthetic biology, and the ethical implications of research involving embryonic stem cells, is indicative of the high-level of interest - among policy-makers, academics and the public - in the biotechnology revolution, its applications, impacts and control. There is also significant interest in international regulatory processes as a form of governance, and international regulation is a vital part of efforts to manage the impacts of the biotechnology revolution, since many of these are global in their nature. The book establishes the need for international regulation of biotechnology, identifying the roles it needs to play, and the issues it needs to cover. Having outlined the importance of coherence to the effective functioning of international regulatory sets, a model of coherent international regulation is established, against which the biotechnology regulations can be assessed. This book approaches the subject from an international relations perspective but also draws from, and will contribute to, literature in the fields of international law, global governance, technological governance, and science-society relations.

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.

This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting 'self-contained' regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR's and WTO's interpretative practices, both the VCLT's general rules of interpretation and the ICJ's interpretative practice serve to counteract the fragmentation of international law.

Erster Teil: Zu den allgemeinen Lehren des einstweiligen Rechtsschutzes.- Zweiter Teil: Die Gewahrung einstweiligen Rechtsschutzes durch den Gerichtshof der Europaischen Gemeinschaften.- Dritter Teil: Nationaler einstweiliger Verwaltungsrechtsschutz im Widerstreit von Gemeinschaftsrecht und nationalem Verfassungsrecht.- 1. Kapitel: Darstellung neuerer Urteile des EuGH zum nationalen einstweiligen Rechtsschutz.- 2. Kapitel: Die sog. "indirekten Kollisionen" zwischen nationalem Verfahrensrecht und Gemeinschaftsrecht.- 3. Kapitel: Zulassigkeit und Grenzen der Zulassigkeit von Relativierungen grundgesetzlicher Vorgaben beim Vollzug des Gemeinschaftsrechts am Beispiel des deutschen einstweiligen Verwaltungsrechtsschutzes.- 4. Kapitel: Paradigmenwechsel in der EuGH-Rechtsprechung: Gestaltender Eingriff in den nationalen einstweiligen Verwaltungsrechtsschutz.- 5. Kapitel: Zur Erstreckung der "Suderdithmarschen"-Doktrin auf (positive) einstweilige Anordnungen: "Atlanta Fruchthandelsgesellschaft u.a../. Bundesamt fur Ernahrung und Forstwirtschaft" Rs C-465/93.- Vierter Teil: Die Gewahrung einstweiligen Rechtsschutzes im Rahmen des Vorabentscheidungsverfahrens (Art. 177 EGV).- 1. Kapitel: Gewahrung einstweiligen Rechtsschutzes und Vorlagepflicht mitgliedstaatlicher Gerichte.- 2. Kapitel: Nationales Eilverfahren und Vorabentscheidungsverfahren gemass Art. 177 EGV: Der Gerichtshof der Europaischen Gemeinschaften als gesetzlicher Richter i.S.d. Art. 101 Abs. 1 S. 2 GG.- Thesenartige Zusammenfassung.- Summary: Interim Relief and the European Union.- Council of Europe, Committee of Ministers Recommendation No. R (89)8 of the Committee of Ministers to Member States on Provisional Court Protection in Administrative Matters.

This book addresses the legal feasibility of ethnic data collection and positive action for equality and anti-discrimination purposes, and considers how they could be used to promote the Roma minority's inclusion in Europe. The book's central aim is to research how a societal problem can be improved upon from a legal perspective. The controversy surrounding ethnic data collection and positive action severely limits their use at the national level. Accordingly, legal and political concerns are analysed and addressed in order to demonstrate that it is possible to collect such data and to implement such measures while fully respecting international and European human rights norms, provided that certain conditions are met. Part I focuses on ethnic data collection and explores the key rules and principles that govern it, the ways in which this equality tool could be used, and how potential obstacles might be overcome. It also identifies and addresses the specific challenges that arise when collecting ethnic data on the Roma minority in Europe. In turn, Part II explores positive action and the broad range of measures covered by the concept, before analysing the applicable international and European framework. It reviews the benefits and challenges of implementing positive action for Roma, identifies best practices, and gives special consideration to inter-cultural mediation in the advancement of Roma inclusion. The book concludes with an overview of the main findings on both topics and by identifying three essential elements that must be in place, in addition to full respect for the applicable legal rules, in order to combat discrimination and achieve the inclusion of Roma in Europe by complementing existing anti-discrimination frameworks with the collection of ethnic data and the implementation of positive action schemes.

The book covers some of the major issues concerning the problematic relationship between respect for democratic principles and the new European Economic Governance. Innovative approaches are highlighted throughout the book: new frameworks and arrangements are proposed on the basis of efficiency analyses, as well as their institutional and legal suitability. Though the perspective adopted is essentially a legal one, the economic and policy background are also given due consideration.The papers presented here offer a balanced mix of empirical (including comparative) and theoretical analysis; several also combine the two approaches, carrying out empirical analyses, then setting the results against theoretical options. Given the relative dearth of literature on democratic principles and the EMU, let alone a comprehensive enquiry, the book marks a valuable new contribution.

This book provides a concise introduction to the basics of Jewish law. It gives a detailed 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. It is the ultimate book for anyone interested in Israeli Law and its politics. Authors Shimon Shetreet is the Greenblatt Professor of Public and International Law at the Hebrew University of Jerusalem, Israel. He is the President of the International Association of Judicial Independence and World Peace and heads the International Project of Judicial Independence. In 2008, the Mt. Scopus Standards of Judicial Independence were issued under his leadership. Between 1988 and 1996, Professor Shetreet served as a member of the Israeli Parliament, and was a cabinet minister under Yitzhak Rabin and Shimon Peres. He was senior deputy mayor of Jerusalem between 1999 and 2003. He was a Judge of the Standard Contract Court and served as a member of the Chief Justice Landau Commission on the Israeli Court System. The author and editor of many books on the judiciary, Professor Shetreet is a member of the Royal Academy of Science and Arts of Belgium. Rabbi Walter Homolka PhD (King's College London, 1992), PhD (University of Wales Trinity St. David, 2015), DHL (Hebrew Union College, New York, 2009), is a full professor of Modern Jewish Thought and the executive director of the School of Jewish Theology at the University of Potsdam (Germany). The rector of the Abraham Geiger College (since 2003) is Chairman of the Leo Baeck Foundation and of the Ernst Ludwig Ehrlich Scholarship Foundation in Potsdam. In addition, he has served as the executive director of the Masorti Zacharias Frankel College since 2013.The author of "Judisches Eherecht" and other publications on Jewish Law holds several distinctions: among them the Knight Commander's Cross of the Austrian Merit Order and the 1st Class Federal Merit Order of Germany. In 2004, President Jacques Chirac admitted Rabbi Homolka to the French Legion of Honor.

On December 7, 2017, final agreement was reached on the long-awaited revised bank capital rules known as Basel III. This volume presents the findings of day long symposium hosted by the Institute for Law and Finance on January 29, 2018, dedicated to explaining what has actually been accomplished, what has been left out and what it all means for financial institutions, investors and the public interest.

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.

This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they've had no opportunity to read it in detail and know what they're voting upon. The majority party's legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline. Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.

In this penetrating analysis of international extradition practices, Barbara Yarnold argues that, as they currently exist, these practices are not functioning adequately. This breakdown is confirmed, she demonstrates, by repeated incidents of illegal international extradition, most recently the 1989 gunboat extradition of Panama's General Noriega by the United States. Yarnold contends that the inability of current extradition procedures to fulfill the needs of the parties involved poses a serious threat to world peace and security because the extra-legal extraditions that are substituted often involve the violation of the territorial sovereignty of another state. Yarnold proposes an alternative mechanism for dealing with requests for international extradition in which the International Court of Justice plays a central role.

Divided into three parts, the book begins with a group of chapters that examine and evaluate contemporary extradition practices. The author looks at the history of extradition agreements, analyzes the international extradition proceedings of U.S. district courts during the last sixty years, and shows that the inherent uncertainty and delay in international extradition practices often leads frustrated states to resort to extra-legal or illegal alternatives. In Part II, Yarnold examines efforts that have been made toward resolving international disputes through negotiation rather than through the use of force, focusing particular attention on the development of the International Court of Justice. Finally, the author suggests that the world community of states grant to the International Court of Justice jurisdiction over both international crimes and crimes committed against states but involve the flight of the fugitive from one state to another. She suggests further that the decision regarding whether or not international extradition of a fugitive is warranted should also be made by the International Court of Justice, instead of by courts within states, which are subject to local biases. Students of international relations and international law will find Yarnold's work illuminating reading.

Because labour and social security issues have arisen in many disparate ways since the inception of the European Communities, there has been no consistent classification of European law in this area. This book attempts to rectify that situation, presenting as complete a codification as possible of this body of law, with texts of the most important documents and direct reference to print and online sources of all relevant conventions, regulations, directives, decisions, recommendations and agreements. The codification encompasses European Union texts on labour and social security, as well as pertinent Council of Europe documents.

This is the first study of the United Nations Industrial Development Organization (UNIDO). It provides a concise description of UNIDO's activities as an actor in the field of international industrial cooperation from the 1960's to the present day. The emergence of UNIDO as a specialized agency of the United Nations is analyzed with emphasis on legal and institutional issues, and problems related to UNIDO's efficiency and its dependence upon political consideration, especially with respect to major countries, are examined. Finally, recommendations are made for the improvement of UNIDO's industrial development activities. This work will be of interest to scholars and students in development economics, international economics, international relations, and international organizations.