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

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).

This collection should satisfy the need of practitioners for access to the private law of the European Community, as the obligation to interpret national law in conformity with EC directives often requires a comparison with Community legislation. At the same time the collection will 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 (1) and (2) can be found in Volume I. The European acts are binding in many languages. This text 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.

An overview of the structural characteristics that Community law acquired pursuant to the European Treaty, the subsequent Single European Act and the Treaty on European Union, and the Treaty of Amsterdam. This text undertakes a systematic analysis of Community law with particular attention given to those elements, especially case law, which influenced its development and interpretation.

Uzbekistan was the first of the CIS countries to formulate and adopt a new Civil Code. The initial Civil Code came into force on March 1, 1997. Although based largely on the Russian Civil Code, the Uzbekistan Code has evolved its own distinct characteristics. This edition of William E. Butler's translation contains the latest revisions up to August 15, 1999.

The impetus for change in African legal reform is coming primarily from African women themselves, as they respond to their personal and practical experiences with the law. Top-down imposition of norms has not worked; if legal reform is to lead to sustainable equity for women, the voices of these women must be heard. Given that previous efforts to ensure greater equity in personal laws have not been fully successful in eastern African countries, any new legal initiatives must not repeat the mistakes of the past. Law must not again remain merely on the books as a legitimizing tool that reinforces or supports gender discrimination, but must actively protect and guard the interests of both men and women. This paper attempts to draw out some possible lessons from past experience to inform new efforts at legal reform in these countries. It examines the laws related to allocation of economic resources within households in the broader historical, social, and cultural context in some of these countries, and examines the effectiveness of these laws in challenging gender relationships.

The Cambridge Yearbook of European Legal Studies provides a new forum for the scrutiny of significant issues in European Union Law,the law of the Council of Europe, and Comparative Law with a 'European' dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies CELS; Cambridge, which is the research Centre of Cambridge University Law Faculty specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. Each edition will commence with the Mackenzie-Stuart Lecture, established in honour of Lord Mackenzie-Stuart, formerly President of the ECJ, and given each year in the Cambridge Law Faculty. The first Lecturer, in 1997, was Judge G Rodriguez Iglesias, currently President of the ECJ; the second was Mr Jean-Louis Dewost, Director General of the Commission's Legal Service. Their contributions launch Volume 1. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 1 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Philip Allott, Tony Arnull, Catherine Barnard, Alan Dashwood, Dan Goyder CBE, Rosa Greaves, Bob Hepple, David O'Keefe, Lord Lester of Herne Hill QC, David Vaughan QC, Angela Ward, David Williams Q. C., D.A.Wyatt Q.C. Founding Editors: Alan Dashwood and Angela Ward

Sunstein presents a wide-ranging analysis of free markets and their limits, and discussion of law and economics as a field. He explores "free markets" and social justice in three main parts. The first part deals with foundations - the appropriate role of existing "preferences", the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Part Two deals with rights, showing that markets have only a partial but instrumental role in the protection of rights. The third part deals with regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. This book raises a number of questions about economic analysis of law in its conventional form.

This book analyzes, in detail, the legal rules on defence procurement within the European Union, the limited regulatory efforts of the Western European Union, and the defence procurement regimes of three major states, France, Germany and the United Kindom. Using these various models, and also the regime governing civil procurement in the European Union, the book then examines the legal problems of developing an pan-European code on defence procurement, and suggests how these problems might be resolved. This contribution to the literature not only offers a comprehensive analysis of the legal issues involved in liberalizing defence procurement, but also provides stimulating suggestions on constructing a suitable regime.

Unimpeded world trade is still a dream. We may have virtually eliminated borders, but persistent discriminatory measures within borders - in the shapes of restrictive investment policies, inappropriate regulatory interference, and restraints on competition - still have the power to stifle foreign entrants to domestic markets. This work proposes to confront these trade-distorting forces at a new round of the World Trade Organization (WTO) talks. Drawing on experience of international trade law practice and policymaking, the authors present a detailed agenda designed to: deepen market access for all goods, services, and intellectual property; facilitate and protect investment by foreign enterprises; overcome disparities of national regulatory schemes; ensure nondiscriminatory business operation in foreign markets; and reinforce and support evolving international economic realities. This study also shows how major regional trading arrangements have in fact achieved deeper economic integration than the WTO regime. Incorporating this evidence - as well as other proposals from the academic and policy communities - the text crystallizes the most important trends in international trade law.

The European Court of Justice once stated that the European Community is governed by the rule of law in as much as member states, Community institutions and individuals are bound to the basic constitutional charter, the Treaty. The purpose of this book is to answer the question whether this statement is still valid for the European Union, and to analyze which features best define the rule of law at the European level. In order to define the principle of the rule of law at the European level, this book undertakes a comparative analysis of what the principle means in different legal systems. An analysis is also made of the implications for national legal orders, specifically for judges. The conclusion reached as a result of the research undertaken for this book is the co-existence of two visions of the rule of law within national legal orders: the traditional view of each legal order by itself, and the new vision of the principle as defined by the Court of Justice. This legal phenomenon involves what is defined as "the paradox of the two paradigms of law", which determines a share of concepts, tools and remedies amongst legal systems.

These highly original essays develop themes implicit in Herbert Hart and the author's Causation in the Law (2nd ed. 1985). Why should we be held responsible for the harm we cause? Honor proposes a theory of responsibility ('outcome responsibility'), according to which, to be responsible, it is sufficient to have intervened in the world. To act and to be responsible is to assume certain risks, so that responsibility can be a matter of luck rather than fault or merit. Whether responsibility carries with it moral blame or legal liability is an important but secondary question. With the help of this theory he explains the moral basis of strict liability and of tort law in general; shows when there is a moral difference between positive acts and omissions; and indicates the extent to which the circumstances that cause a wrongdoer to do wrong should affect his responsibility.

The purpose of this book is to make the results of the Uruguay Round of Trade Negotiations easier to understand. The Uruguay Round, one of the longest and most complex economic negotiations ever undertaken, was completed successfully in December 1993. Its results are embodied in nearly 30 legal agreements and a large number of supplementary decisions, as well as a large number of highly detailed separate undertakings in which each country specifies the levels of trade restrictions, which it promises not to exceed, for thousands of different products or services. The joint agreements and decisions alone add up to well over 500 pages of printed text, and the individual undertakings, or schedules, bring the total volume of the results of the Uruguay Round to almost 300,000 pages. This formidable mass of paper embodies a total overhaul of the basic rules and institutions of world trade, and the birth of a new institution, the World Trade Organization.

Incorporating in-depth interviews, statistical data, and prior studies, Fielding illustrates how modern medicine is a victim of its own success. The historical record since the early 19th century shows that the rate of malpractice claims has increased as medicine developed new and more complex procedures. Fielding integrates macro- and micro-levels of analysis to explain how scientific medicine is inherently prone to adverse outcomes no matter how competent medical provides are and how patients often feel their personal experiences and views are marginalized during the course of their medical care. This combination makes it more likely that patients will sue when something goes wrong.

The so-called medical practice crisis is mostly the result of a system of health care that has promoted professional dominance and high-tech care. This system both shapes and is shaped by the daily clinical context in which patients, physicians, and other providers interact. The key policy implication would be to place greater emphasis on primary care and prevention rather than curative or high-tech interventions. For example, aggressive programs to ensure primary care for all, public health, occupational health, and accident reduction would go a long way to improve both the health of the population and reduce the rate of medical malpractice claims.

This text covers the Academy of European Law which was established by the European University Institute in 1990 and extends the Institute's 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).

This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights. Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention. Contributors: Paul Craig, Evelyn Ellis, David Feldman, Nicholas Green QC, Lord Hoffmann, Francis G. Jacobs, Jeremy McBride, Takis Tridimas, Walter van Gerven.

This text is part of a series of introductory books to the laws of various countries. These provide academics, lawyers, businessmen, government officials and students with a basic knowledge of legal concepts of a particular country, in this case Hungary, with special emphasis on practical issues. Hungary, which is the first Eastern European country included in the series, chose a new form of government in the early 1990s. Consequently the legal system and the laws of the country are still in a state of adaptation in the late 1990s. The historical connection to the Civil Law worlds however, is enabling Hungary to overcome the legal gap caused by political developments after the Second World War in a relatively short period of time. The text gives a comprehensive overview of most areas of law, from constitutional law and administrative law to business law and labour law.