This collection should satisfy the need of practitioners for access to the private law of the Community, for the obligation to interpret national law in conformity with EC directives often requires a comparison with Community legislation. At the same time the collection should facilitate analysis and may thereby contribute to an improvement of the texts and their understanding. The collection does not reproduce the entire private law of the Community; it includes enactments that exclusively or mainly concern private law. The collection reproduces acts which can essentially be classified under six headings: (1) the law of companies and undertakings; (2) labour law; (3) the law of obligations, which mainly comprises measures of consumer protection; (4) the law of advertising; (5) copyright law and (6) the law of industrial property. Parts (3) and (4) can be found in Volume 2. The European acts are binding in many languages. A book which reproduces all of them would be desirable, but, for its price, impossible to sell. This book is conceived so as to provide a synoptical reproduction of different language versions of one and the same act, and to allow for a permanent comparison. It follows that it is limited to four languages which are selected in accordance with their frequency within the Community. They include the working languages used by the Community agencies in the legislative process. The acts are reproduced as amended by later secondary legislation, but without taking into account the renumbering of the provisions of the EC Treaty by the Treaty of Amsterdam.

This volume,which offers a bridge between comparative law and legal theory, centers upon debates about European legal integration, and, more generally, about the methodology of comparative law. What should be compared? Statutory rules, case law, legal history, law's political, sociological and economical environment, the ideological background of the lawyers, legal techniques, legal traditions, legal cultures, etc.? This question is at the core of many current debates and is discussed in many of the papers contained in this volume. The contributors all attempt to locate law in its context, and adopt a more theoretical and interdisciplinary approach to making comparisons. In taking an interdisciplinary approach many of the contributors look at our current law from the point of view of one non legal discipline, with an eye on at least some other elements of law's context: notably legal history, legal sociology (especially 'legal culture') and linguistics. They also contribute new ideas to various areas of legal theory including legal epistemology, pluralist or monist conceptions of a 'legal system', legal methodology, judicial reasoning, the theory of legal sources, and the analysis of concepts such as 'equality', 'rights', 'legal principles', 'personal rights' and 'personal identity'.

This book consists of interrelated essays by many past and present members of the EUI Law Department. The contributors are all well-known specialists in their fields, whose essays address such issues as the effects of integration upon certain national laws, the elaboration of EU law to provide a new framework for or replacement for national laws, the piece-meal development of specific legal strands of EU law and their intertwining with national or international laws, and the indirect and sometimes unintended consequences of European integration with regard to national, EU, or international law.

The book marks and illustrates the significant contribution of the European University. Institute Law Department to contemporary legal scholarship. It is intended to indicate the kind of legal research which has been done and which is being done today at the EUI. It also aims to make more widely known the themes, approaches, and methods pioneered in the EUI Law Department, including its European and international focus, its comparative approach, and its generally contextual method.

Passage of the European Data Protection Directive and other national laws have increased the need for companies and other entities to improve their data protection and privacy controls. Clients, stakeholders, and the public are clamoring for it. Klosek introduces the various legal means to protect personal data in the United States and the European Union, targeting her book at American and international businesses that may have difficulty complying with the European Directive. She explains its main elements and practical effects, presents primary components of national privacy laws abroad and in the United States, and gives advice on some steps companies can take to improve the level of protection they afford to the data they possess.

Klosek offers a comprehensive review of the American and European systems for providing protection to personal information in the Internet age. She explains the European Data Protection Directive, the national data protection laws of the fifteen countries of the European Union, and the laws and other initiatives for protecting individual personal data. She endeavors to discuss the protection of personal data in general but focuses on, and emphasizes, the protection of personal data within the context of the Internet. In doing so, she provides much useful, fascinating information on the obvious and non-obvious means of collecting and processing personal data through the Internet. Among its unusual features, the book helps United States corporate decision makers assess the effect data protection laws will have in Europe and the U.S., and how companies that are operating web sites that cross international boundaries can ensure they stay in compliance with data protection laws in countries in which their web sites may be accessible. The book is essential reading for corporate compliance executives, corporate communications and other top-level organizational administrators, particularly in Internet industries.

Examining the benefits achieved by deferring income or accelerating deductions, this text refers to the income tax systems of the United States and Japan. The United States has been at the forefront of recognizing the time value of money benefit of tax deferral and of devising methods to prevent tax deferral. Japan, on the other hand, is only gradually placing greater emphasis on tax deferral issues, in light of the activities of foreign companies, and the constant introduction of new financial products which take advantage of the tax deferral allowed under Japanese income tax rules. The book starts with a detailed discussion of the 1948 Cary Brown model and its various interpretations, an understanding of which is key to any analysis of tax deferral issues. The author goes on to provide a comparative analysis of the different tax deferral patterns that can arise under the United States and Japanese income tax systems, and of methods introduced by the United States to eliminate the tax deferral benefit. A history and overview of the Japanese income tax system is included in the appendix. Principles of tax deferral and time value of money are crucial in an era of globalization in commerce and finance. They cut across all areas of taxation and are particularly important in the context of taxation of derivatives and other financial instruments.

Good governance, that is, effective government based on non-arbitrary decision-making, is central to a country's successful development or transition to a market-oriented economy. This Manual explores the critical relationship between law making and development. It aims to equip legislative drafters with the conceptual tools and specific techniques they need to draft laws likely to bring about the institutional transformation necessary for good governance. Designed as a practical aid for practitioners in the developing and transitional worlds, this work demonstrates how, within constitutional and other limits, a drafter should structure a bill, provides instruction in drafting amendments and subordinate legislation, and describes the skills required to write the clear, unambiguous and readily-interpreted provisions required to achieve a bill's policy objectives. It provides a model for a research report that, based on facts and logic, will justify the bill's detailed provisions and demonstrate that the responsible agency will implement them effectively. The final section focuses on drafting laws to facilitate government decision-making in accordance with the rule of law. In particular, it suggests devices for drafting defensively against corruption, thus providing the legislative environment essential for successful transition and development.

This annual volume contains a definitive bibliography and introduces readers to Russian legal publishing appearing in 1999. All law-related topics in Russia are covered as well as publications emanating from Russia dealing with private and public international law. The editors have included an introduction which reviews the major players in Russian legal publishing. This should be a useful reference tool for all involved in Russian legal and business affairs and comparative legal research.

Judges and courts do a considerable amount of harm in applying some criminal laws and policies, such as the felony murder rule, mandatory sentences, and the drug war. These and other positivist policies do not lessen crime, but instead, teach criminogenic messages contrary to what a magisterial criminal policy would teach. American judges apply criminal laws and policies that teach wrong lessons to users of the justice system, including criminals themselves. The source of this lies both in judicial passivity and legislative indifference. Judge Gerber expresses his confidence that a justice-oriented system can be achieved when politicians surrender control of the justice system to professionals in the field.

American judges apply criminal laws and policies that teach wrong lessons to users of the justice system, including the criminals themselves. These wrong lessons include mathematical and mandatory sentencing, plea bargaining, the death penalty, the felony murder rule, marijuana prohibitions, the drug war, and the penchant for solving crime by building more and bigger prisons. The source of these harms lies both in judicial passivity and legislative indifference to the costs and shortcomings of anti-crime policies, usually because of nothing but electoral concerns. The result is a system of laws and policies that really have little to do with lessening crime but much to do with politics. The book contrasts this positivist criminal justice system with a justice-oriented magisterial system which Judge Gerber believes, can be achieved if politicians surrender control of the justice system to professionals and experts in that field. This book has applications for academic as well as professional use and will also be of interest to some general readers who are interested in the legal system.

This book is the outcome of a research seminar with the title of "Delegation of Legislative Powers in the European Community: the Role of Committees" that was held in London on 16th and 17th January 1998. The seminar brought together academics from political and legal science in different countries of the European Community in order to provide as diverse as possible a set of perspectives on the topic. This interdisciplinary approach is also reflected in the book. Some of the chapters of the book are based on papers delivered in the seminar. The first part of the book is primarily devoted to a political science perspective on comitology and provides a general theoretical framework. The second part is concerned with a normative analysis in a legal tradition of the issue of delegation of legislative powers. The aim here is to explore to what extent the national concepts and institutes of delegation of powers can contribute to a better understanding of the Community concept of delegation. The third part of the book concerns the institutional perspective and deals with the history of comitology and the role of the Court of Justice in the development of the system. The fourth and final part of the book examines various areas of EC law, including environmental law, product safety and other areas.

Conducted against the background of five ideal ombudsman models, this penetrating analysis of the European Ombudsman questions the fitness of this Community body, as constituted, to the activities of the Community authorities it is expected to supervise. The European Ombudsman is based on the Danish ombudsman plan, a "redress" model designed to offer and facilitate alternative dispute resolution. Given the type of activities the Community performs, the author of this study questions whether a redress ombudsman is in fact what the Community needs. The text demonstrates that the Community-level issues addressed by the Ombudsman are primarily in the area of control - directed towards general supervision instead of dispute settlement in individual cases. The analysis reveals how an appropriately designed ombudsman could provide such welcome improvements in Community governance asthe following: more adequate external supervision of the Commission's administration; enforced parliamentary supervision of executive rule-making by the Commission; and more regulation and supervision of the Committees involved in rule-making. A new ombudsman based on the models the author describes would, she shows, ultimately provide the greatest benefit to the Union and its citizens. This book should be useful to policymakers, lawyers and academics, in Europe and elsewhere, as a study of the best use of a highly promising emerging institution of governance.

This is an English translation of the German Stock Corporation Act. The English and German texts are synoptically arranged. The introduction provides an overview of the main elements of the law and facilitates an understanding of the complex statutory provisions for the English-speaking reader. The main characteristics of both types of stock corporations in Germany, the AG and the KgaA, are described and explained. Several legal aspects of stock corporations, such as their formation and management, shareholders, minority rights, capital, integration, and mergers, are treated in this book. The index is also arranged in bilingual form. The authors are partners of the law firm Hengeler Mueller Weitzel Wirtz. This second edition of the book reflects the prevailing state of legislation and should prove valuable to foreign lawyers and business people dealing with stock corporations.

The rule of law, peace, disarmament, human rights: these are no longer words, but legal concepts steadily gaining force among nations. If the slow but sure codification of international law that began with the first Geneva Convention of 1864 has put down roots, against all odds, it is because of the passionate determination of a few visionary but practical actors on the world's stage. Pre-eminent among these "workers in the dawn" was the Russian jurist, diplomat and arbitrator F.F. Martens (1845-1909). Although Marten's reputation suffered during the Soviet era and on both sides of the Cold War, the lasting effect of his ideas and initiatives can be traced all the way from his early years as a Law Professor at Petersburg University (when his writing attracted the attention of the Czar), through his direct participation in the great Peace Conferences at Brussels and The Hague, to the legal underpinnings of the human rights regime embodied in today's international conventions and tribunals. His sense of community and the individual in a global context - a difficult notion for lawyers to grasp in a world of competing nation-states - has now become a widely-accepted norm with increasingly effective enforcement mechanisms. And even his contributions to procedural theory, in areas such as extradition of political criminals and transnational enforcement of administrative law, persist in coming to the forefront of today's international legal practice. This English translation of Martens' biography is the most complete text, as the Russian author, at the translator's request, took the opportunity to revise his original work and supplied two chapters missing from the original Russian edition of 1993 and subsequent editions and translations. Pustogarov was among the first scholars to gain access to the Archive of the Foreign Policy of Russia, and his biography of Martens contains hitherto unavailable information on the more-or-less secret political manoeuvres of the "Great Powers" in Martens' time.

This text presents a broad range of aspects of Austrian law and legal culture for the purpose of comparison with other legal systems. In its second revised and enlarged edition it treats the following subjects: political history, the constitution, sources and interpretation of law, the political system, Austria and the European Union, legal education and legal professions, the courts, administrative adjudication, constitutional review, fundamental rights, criminal procedure, civil procedure, the Austrian civil code, private law, labour law, and the civil law tradition. These characteristic features have been selected in order to acquaint the foreign observer with some of the defining elements of Austrian law and legal development. Austrian students and practitioners, too, may find this approach helpful when it comes to explaining their law to others.

The book examines the process of European integration and highlights issues of institutional dynamics and prospects for democracy.

European integration is at a turning point with implications for all member states and their citizens. The Amsterdam treaty marks a shift towards constitutional issues. Integration has involved a continually evolving process of constitution making. A group of leading scholars argue that the shift towards constitutional issues is rooted not only in the issues on the European level, but also in shifting models of political and economic organization in the member states. Paradox ically, however, this push towards integration is accompanied by a number of institutional changes and political decisions, which challenge the picture of on-going integration, and indicate a shift towards a new pluralism in the Euro-polity. The contributors address questions such as; what are the likely effects of the Amsterdam treaty changes in comparison with Maastricht?; how will these changes effect the complex balance among the governing institutions of the EU?; and what will be the implications for the lingering quest for democracy?

In light of contemporary debates over liberalism, and informed by the problems of contemporary democratic, pluralistic culture, Beyond Contractual Morality reexamines the roots of these current discussions in eighteenth-century texts. Enlightenment texts demonstrate the historical intertwining of political, legal and moral problems in their extension of social contract theory into various realms of private and public life. Specifically, these texts point to an over-reliance on the notion of contract to resolve ethical dilemmas. A range of issues and authors is discussed, including: the historical development of social contract theory from Hobbes to Rousseau; conflicting conceptions of education in Rousseau's writings; the rise of professional ethics; the concept of tolerance as discussed by Montesquieu, Voltaire, and Rousseau; the divide between the public and private realms in the writings of Charriere and Sade. Beyond Contractual Morality concludes with a reemphasis on the contemporary context of debate and proposes a defense of a revised version of liberalism that can take account of positive duties without sacrificing individual autonomy.Julia Simon is Associate Professor of French at the Pennsylvania State University.

This volume elaborates a theory of constitutional politics, the process through which the discursive practices and techniques of constitutional adjudication come to structure the work of governments, parliaments, judges, and administrators. Focusing on the cases of France, Germany, Italy, Spain, and the European Union, the book examines the sources and consequences of the pan-European movement to confer constitutional review authority on a new governmental institution, the constitutional court. Detailed case studies illustrate how and to what extent legislative processes have been placed under the influence of constitutional judges. In a growing number of policy domains, these judges function as powerful, adjunct legislators. As constitutional courts have consolidated their position as authoritative interpreters of the constitutional law, and especially of human rights provisions, the work of the judiciary, too, has gradually been constitutionalised. Today, ordinary judges seek to detect violations of the constitution in their application of the various codes, and to rewrite statutes that they deem unconstitutional Alec Stone Sweet argues that constitutional adjudication construct

In The Limits of the Rule of Law in China 12 authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context.

The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People's Republic of China.

The phenomenon of increased interconnectedness of the world's societies, generally referred to as globalization, is not only changing our everyday life, it also influences the legal framework we are living in. The challenges brought about by this process are especially great in fields of law which are by their very nature international such as private international law, the law of capital markets, international insolvency law or the law of the Internet: can, for example, established conflict-of-law rules survive in a globalized world? What options exist for regulating capital markets in the era of globalization? Are national laws on international insolvencies prepared for the increasing number of cross-border insolvency proceedings or does the UNCITRAL model law on cross-border insolvency show the way? How can national or international legislators react to the new forms of torts and copyright infringements via the World Wide Web? These are some of the questions which scholars from Japan and Germany try to answer in this volume. All essays are based on contributions to a symposium which took place in Fukuoka, Japan, on 28-29 March, 1999.

According to Judge Susan Webber Wright, President Clinton's alleged behavior toward Paula Jones, even if "boorish and offensive, " did not constitute sexual harassment because he had taken "no" for an answer. Democrats and feminists argue that President Clinton's alleged lies in the Jones case were 'just about sex" and therefore insignificant.

In a passionate defense of the rights of sexually harassed women, Gwendolyn Mink warns that Judge Wright and the president's supporters have undermined our sexual harassment laws. Hostile Environment is her provocative account of the harm being done to these laws and her warning that the laws themselves are worthless if, as in the current political climate, few women dare to use them.

Mink provides a lucid analysis of sexual harassment as a legal concept and corrects many common misapprehensions. She also develops a stringent critique of feminist responses to allegations that the president lied in the Jones case. Throughout the book, she emphasizes the significance of power in sexual harassment. "Power is always the harasser's aphrodisiac, " Mink argues. "Harassers may use power to coerce sex; or they may use sex to exert power.... The sex in sexual harassment is never 'just about sex' but always about power."

Sometimes scathing, always astute, Hostile Environment is also a highly personal book. Mink describes her own experience of sexual harassment as a graduate student -- the violation and fear, then the betrayal when faculty and fellow students sought to discredit and dismiss her account.

First-hand knowledge of the injuries caused by sexual harassment and its aftermath has left Mink with an abiding interest in this volatile issue andwith a desire to safeguard the rights of sexually harassed women -- especially the most economically vulnerable among them.

Originating in the June 1998 joint conference of the United Kingdom Association for European Law (UKAEL) and the University Association for Contemporary Studies (UACES) and edited by David O'Keeffe and Patrick Twomey, this book brings together a collection of essays that offer critical insights into the institutional and substantive changes to the European Community and Union resulting from the Treaty of Amsterdam. With a preface by Lord Slynn of Hadley, the collection includes essays based on the conference presentations of Joseph Weiler, Anthony Arnull, Alan Dashwood, Franklin Dehousse, Hans Ulrich Jessurun d'Oliveira and Laurens Jan Brinkhorst and some twenty, other essays offering the reflections and criticisms of leading academics in the field as well as the unique insights of contributors working within the Community institutions.

The progressive globalization of business and the growing importance of China as an economic and political power make an understanding of the workings of Chinese law increasingly necessary for business people, lawyers, politicians and scholars. A multiplicity of laws and regulations passed every year by governments at various levels make the study of Chinese law an increasingly complex task. The editors and contributors of this book have endeavoured to present Chinese law wherever possible from an angle accessible to those with a common law background, whilst necessarily retaining the use of Chinese legal terminology. This book encompasses all of the most important aspects of Chinese law, and has a strong practical and case law emphasis and is edited by eminent academics at the City University of Hong Kong.

This volume contains the Turkmenistan Civil Code as adopted in December 1998. The translation by William E. Butler is based on the official text and any differences with the Russian language version are noted in footnote annotations. The Turkmenistan Civil Code is unique in the CIS for incorporating as part of its official title the name of the President of Turkmenistan, Saparmurat Turkmenbashi. This gives the Civil Code a special symbolic value in the hierarchy of sources of Turkmenistan Law. Another important feature of the Civil Code is its lack of a section devoted to private international law, or "conflicts of law". Until this position is rectified or clarified, Turkmenistan law is the sole applicable law.

This book traces attempts of Jewish jurists-nationalists to establish a nonreligious system of Hebrew Courts in British-ruled Palestine. The book analyzes the secular, national and anticolonial ideology of the Hebrew Law of Peace and shows that Jewish religious groups, secular lawyers and leading Zionist institutions undermined the Hebrew Law project. The book explores the reluctance of leading Zionists to allow communities, rather than organized quasi-state institutions, to define the trajectory of Jewish nationalism.

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. Its main activity is the organization of annual summer courses in the law of the European Community and the protection of human rights in Europe. In addition to general courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy-makers, judges and persons who have held or currently hold the highest positions in these fields. The courses are published in the language in which they were delivered (English and French).