Each of the Member States of the European Union has its own constitution, which not only contains the organizational structure of the state but also includes elements that provide a sense of order and identity to the society at large.

This book addresses whether new definitions of order and coherence that will be coined in European constitutional documents will replace the foundations at a national level and whether something will be lost in this transition.

Useful for European and national lawyers, academics, economists, historians, political scientists and sociologists.

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Although much information is available about the trade provisions of NAFTA, little has been written on its provisions governing the international transfer of labor. For multinationals to remain competitive in the world market, they not only must access international markets for their products, but also the labor force to help them "provide" products. This book is a review of the immigration provisions of NAFTA and a step-by-step guide to help corporate management utilize them in their hiring practices. It also provides a reference source for legal material not easily found elsewhere, a description of the laws and the procedures they govern, a detailed description of how to complete INS forms, and checklists and suggestions to help do so. A unique guide for human resource executives and for their colleagues in the academic community interested in international business practices.

Part I provides a brief overview of the standard immigration provisions that relate to all NAFTA visas. Part II discusses the legal requirements for business persons, treaty traders and investors, and intracompany transferees who enter the United States to conduct business. Part III describes in detail how the United States businesses can hire Canadian and Mexican professionals. Step-by-step descriptions note important differences in the procedures for professionals from Canada and Mexico. The authors describe what professionals qualify, how to complete INS form, obtain TN status for professional employees, apply for extensions, and change or end employment. One chapter is devoted to issues relating to the professional's family. Part IV discusses supplementary issues of the effect of strikes, employer legal obligations, and obtaining permanent residence. The Appendixes include the full text of chapter 16 of NAFTA, relevant laws, INS forms, and checklists and addresses that businesses will find useful for preparing and filing INS petitions.

Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.

The Right to Development in International Law rigorously explores the right to development (RTD) from the perspectives of international law as well as the constitutionally guaranteed fundamental rights and the Islamic concept of social justice in Pakistan. The volume draws on a wide range of relevant sources to analyse the legal status of international cooperation in contemporary international law, before exploring the domestic application of the right to development looking at the example of Pakistan, a country that is undergoing radical transformation in terms of its internal governance structures and the challenges it faces for enforcing the rule of law. Of particular importance is the examination of the RTD and Shari'ah law in Pakistan which adds a new perspective to the RTD debate and enriches the discussion about human rights and Shari'ah across the world. Through focusing on Pakistan the book links international perspectives and the international human rights framework with the domestic constitutional apparatus for enforcing the RTD within that jurisdiction. In doing so, Khurshid Iqbal argues that the RTD may be promoted through existing constitutional mechanisms if fundamental rights are widely interpreted by the superior courts, effectively implemented by the lower courts and if Shari'ah law is progressively interpreted in public interest. Iqbal's work will appeal to researchers, professionals and students in the fields of law, human rights, development, international law, South Asian Studies, Islamic law and international development studies.

Whereas individual Member State governments of the European Union occasionally complain about judgments of the European Court of Justice (ECJ), especially when those judgments curtail that State's policy autonomy in a sensitive domain, the collectivity of the Member State governments have agreed in each treaty revision so far to confirm and extend the far-reaching powers which the ECJ possesses for enforcing EU law. The explanation of the paradox can only be that, deep down, the Member States of the EU remain convinced that an effective ECJ with strong enforcement powers is one of the salient features of EU law which have stood the test of time and feel no inclination to clip the wings of the ECJ for fear that this would affect the effectiveness of the European integration process. Nevertheless, the grumblings about single judgments, or about the consistency and direction of the ECJ in particular policy fields, have never ceased and indeed have become more audible in recent years. This book - now available in paperback - deals with the perception that the ECJ quite often does not leave sufficient autonomy to the Member States in developing their own legal and policy choices in areas where European and national competences overlap.

Despite a substantial legacy of literature on EU interest representation, there is no systematic analysis available on whether a European model of interest representation in EU governance is detectable across functional, and territorial, categories of actors. 'Functional' actors include associations for business interests, the professions, and trade unions, as well as 'NGOs' and social movements; territorial based entities include public actors (such as regional and local government), as well as actors primarily organised at territorial level. What are the similarities and differences between territorial, and functional, based entities, and are the similarities greater than the differences? Are the differences sufficient to justify the use of different analytical tools? Are the differences within these categories more significant than those across them? Is there a 'professionalised European lobbying class' across all actor types? Does national embeddedness make a difference? Which factors explain the success of actors to participate in European governance? This book was originally published as special issue of Journal of European Integration.

Founded in the thirteenth century, the Seigniory of Monaco's independence has been recognised by the main European powers since the Middle Ages. Its status as a sovereign State was recognised by the Treaty of Vienna in 1815, by the Treaty of Versailles in 1919 and by treaties concluded with France in 1641, 1861, 1918 and 2002. A Member State of the UN, the OSCE and the Council of Europe, the Principality of Monaco is qualified as a third State in its relations with the European Union, although its territory has been assimilated to the European customs territory and it has given legal tender to the Euro. In this new edition, Georges Grinda discusses and comments on the public and international life of the State, its political and legal modernization and its future international role.

This book offers a comprehensive argument for why pre-existing international law on cluster munitions was inadequate to deal with the full scope of humanitarian consequences associated with their use. The book undertakes an interdisciplinary legal analysis of restraints and prohibitions on the use of cluster munitions under international humanitarian law, human rights law, and international criminal law, as well as in relation to the recently adopted Convention on Cluster Munitions (CCM). The book goes on to offer an in-depth substantive and procedural analysis of the negotiations which led to the 2008 CCM, in part based on the author's experiences as an adviser to Cluster Munitions Coalition-Austria.

Cluster Munitions and International Law is essential reading for practitioners and scholars of International Law, including International Humanitarian, Human Rights, International Criminal or Disarmament Law and anyone interested in legal and humanitarian perspectives on cluster munitions legislation and policy. It is unique in bringing a practitioner's perspective to a scholarly work.

The first comprehensive, international comparison of bail, this book examines how common-law countries condemn or provide alternatives to the American commercial bail bonding system. In his analysis of bail systems in 15 countries, F. E. Devine explains why other common-law countries consider the commercial provision of bail an obstruction of justice, and how they provide effective alternatives. Devine examines the pre-trial release alternatives in detail, arguing that they are at least as effective as commercial bail bonding.

Devine provides a complete, comparative analysis of bail in Australia, Canada, England, India, New Zealand and South Africa. He also examines the systems of Ireland, Malaysia, Nigeria, Pakistan, Papua New Guinea, Scotland, Tanzania, Zambia and Zimbabwe. He details the prohibition of, and statutory provisions against, commercial bail in these common-law countries, and then highlights four alternative approaches to pre-trial release: recognizance, criminal penalties, non-financial conditions, and non-commercial financial security deposits. Devine argues that these options are as effective as commercial bail. This book is valuable to scholars of criminal justice, criminology, comparative law, political science, and sociology, and to criminal justice reformers and professionals.

Colonialism, Slavery, Reparations and Trade: Remedying the Past Addresses how reparations might be obtained for the legacy of the Trans Atlantic slave trade. This collection lends weight to the argument that liability is not extinguished on the death of the plaintiffs or perpetrators. Arguing that the impact of the slave trade is continuing and therefore contemporary, it maintains that this trans-generational debt remains, and must be addressed. Bringing together leading scholars, practitioners, diplomats, and activists, Colonialism, Slavery, Reparations and Trade provides a powerful and challenging exploration of the variety of available legal, relief-type, economic-based and multi-level strategies, and apparent barriers, to achieving reparations for slavery.

Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but they also need to have a clear understanding of the human rights catalogue that is to be applied (i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights). This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the European Court of Human Rights and the European Court of Justice, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes the book valuable for academics and practitioners who specialize in fundamental rights, EU law, or constitutional law. (Series: Law and Cosmopolitan Values - Vol. 1)

A Geo-Legal Approach to the English Sharia Courts: Cases and Conflicts adopts a new methodological perspective that combines Comparative Law with Geopolitics to understand the phenomenon of the English 'sharia courts'. This term is used as a geopolitical representation of specific Islamic ADR institutions. The geo-legal analysis illustrates the competition of the legal systems involved and brings you in the middle of the related conflict, where (official and unofficial) legal rules are used by various actors to defend their ideas of Law and implement their strategies. Accordingly, the geo-legal operational analysis helps assess the possible changes occurring in the relationship between the legal systems and their substratum of values.

This Critical Concepts series (a Routledge Major Work) is an anthology of influential works on international law. The collection covers the principal facets of both classical and contemporary international law. In making their selection, J.H.H. Weiler and Alan T. Nissel consulted with a wide range of experts and chose those pieces that in their view both shaped the field and have illuminated its contours. These articles have, or are expected to have, considerable "staying power." By juxtaposing classical with more contemporary articles, this anthology illustrates the motion of international law-the evolution of doctrine, practice and historiography of the field. The series begins with a consideration of the fundamental systemic (Volume I) and conceptual (Volumes II and III ) features of International Law. It then maps out substantive aspects (Volumes IV and V). The collection concludes (Volume VI) with what the authors call "multi-inter-disciplinary" approaches to the field.

The EU has only limited competence to regulate national health-care systems but recent developments have shown that health care is not immune from the effects of EU law. As Member States have increasingly experimented with new forms of funding and the delivery of health-care and social welfare services, health-care issues have not escaped scrutiny from the EU internal market and from competition and procurement rules. The market-oriented EU rules now affect these national experiments as patients and health-care providers turn to EU law to assert certain rights. The recent debates on the (draft) Directive on Patients' Rights further underline the importance, but also the difficulty (and controversy), of allowing EU law to regulate health care. The topicality of the range of issues related to health care and EU law was addressed, in October 2009, at a conference held in Nijmegen, The Netherlands. The present volume contains inter alia the proceedings of this conference and invited essays. This volume follows the publication of The Changing Legal Framework for Services of General Interest in Europe. Between Competition and Solidarity (Krajewski M et al (eds) (2009) T.M.C. Asser Press, The Hague) and launches a new series: Legal Issues of Services of General Interest. The aim of the series is to sketch the framework for services of general interest in the EU and to explore the issues raised by developments related to these services. The book is compulsory reading for everyone who is engaged in issues relating to health care and EU law. Johan van de Gronden is Professor of European Law at the Law Faculty of the Radboud University Nijmegen, the Netherlands. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam and Professor of European Competition and Labour Law at the University of Leicester, UK. Ulla Neergaard is Professor of EU law at the Law Faculty of the University of Copenhagen, Denmark. Markus Krajewski is Professor of International Public Law, Faculty of Law, University of Erlangen-Nuremberg, Germany.

This book offers a wide array of legal approaches to regulating the private military corporation, including international, corporate, constitutional and administrative law. It covers a new important topic - private military corporations. It is the first examination focused on regulatory problems and potential of private military corporations. It places the private military corporation in a contemporary global context.Private military organizations are a new and important feature of the international landscape. They offer control of potential massive violence to the highest bidder with very limited accountability. This book offers critical insights into both the phenomenon and the challenges of and potential for regulation.

Over the last thirty years, many political transitions from authoritarian regimes and dictatorial political systems have been accompanied by Truth Commissions. Since 1974 there have been over twenty of these Commissions established in countries as diverse as Argentina, Chile, Uruguay, Bolivia, El Salvador, Ethiopia, the Philippines and Germany, among others. Perhaps the most important Truth Commission of our time is the South African one which also seeks to act as a mechanism for reconciliation in a divided society. The South African conflict was extremely long and violent; its victims suffered traumatic experiences and, in part, one of the Commission's functions is to allow their story to be told. This book tries to examine the Truth Commission here and the issues that surround it, assessing different versions of the South African past and the complex negotiations leading to the establishment of the Commission and the complex politics of amnesty, justice and nation-building.