In 1968, the predecessor of this volume was published as Number 15 of the Law in Eastern Europe series, under the title "Soviet Citizenship Law". The decision to put out a new version of that study was prompted by the enactment in 1978 of the CUTTent Law on the Citizenship of the USSR and the various changes in Soviet prac tice in this domain which occurred in the intervening decade. I have drawn on the earlier work for background material and in order to make comparisons between the previous record here and the substance ofthe latest statute. However, the pres ent monograph is not a second edition in the sense of being an expanded and updated revision of the original, but stands as an independent piece of research and analysis. Thus, three of the chapters (out of a total of six) featured in the 1968 vol urne - citizenship and state succession, state succession and option of nationality, and refugees and displaced persons - have now been omitted for the simple reason that the situation in these areas has remained virtually static during the past ten years so that the initial treatment requires no significant alteration. On the other hand, fresh problems have meantime arisen - such as, for instance, the connection between citizenship and emigration, and the relationship between citizenship status and the international protection of human rights - which called for attention and are dealt with in this book.

This book is an inquiry into the role of law in the contemporary political economy of hunger. In the work of many international institutions, governments, and NGOs, law is represented as a solution to the persistence of hunger. This presentation is evident in the efforts to realize a human right to adequate food, as well as in the positioning of law, in the form of regulation, as a tool to protect society from 'unruly' markets. In this monograph, Anna Chadwick draws on theoretical work from a range of disciplines to challenge accounts that portray law's role in the context of hunger as exclusively remedial. The book takes as its starting point claims that financial traders 'caused' the 2007-8 global food crisis by speculating in financial instruments linked to the prices of staple grains. The introduction of new regulations to curb the 'excesses' of the financial sector in order to protect the food insecure reinforces the dominant perception that law can solve the problem. Chadwick investigates a number of different legal regimes spanning public international law, international economic law, transnational governance, private law, and human rights law to gather evidence for a counterclaim: law is part of the problem. The character of the contemporary global food system-a food system that is being progressively 'financialized'-owes everything to law. If world hunger is to be eradicated, Chadwick argues, then greater attention needs to be paid to how different legal regimes operate to consistently privilege the interests of the wealthy few over the needs of poor and the hungry.

Das Werk belegt die Vermutung der unmittelbaren Wirkung des Unionsrechts. Es propagiert hiermit eine Dogmatik, die der inhaltlichen Unklarheit der bisher in der Rechtsprechung und Wissenschaft gebrauchlichen Kriterien zur Bestimmung der unmittelbaren Wirkung, namentlich der hinreichenden Genauigkeit und Unbedingtheit, abhilft. Die Vermutung unmittelbarer Wirkung wird sowohl mit der Rechtsprechung des Gerichtshofs der Europaischen Union als auch dogmatisch begrundet. Dabei zeigt sich, dass die Grunde, die im Hinblick auf das Voelkerrecht eine Zuruckhaltung bei dessen unmittelbarer Anwendbarkeit durch nationale Gerichte und Verwaltungsbehoerden rechtfertigen, sich jedenfalls nicht auf das primare und sekundare Unionsrecht ubertragen lassen.

The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.

The main subject of this book is the rather fascinating link between an acceptable concept of political whole and its legal and moral implications. When we face this problem, we find that widespread categories like happiness' and "friendship" are at the same time necessary and dangerous, crucial and elusive. In order to make the case against the so-called Legal Enforcement of Morals, and to grasp the complex relationship between law and morality from a liberal point of view, it is not enough to reject a pattern of happiness, or of human flourishing, from which to draw normative instructions for men and women - it must be recognized that integration of individuals in the comprehensive groups, as well as in the political whole itself, is not the only valuable option. The fragile value of a relative lack of integration, a "right to unhappiness," turns out to be, eventually, what makes the weak, but decisive, moral primacy of liberal societies.

This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.

International law is playing an increasingly important role in international politics. However, international relations theorists have thus far failed to conceptualise adequately the role that law plays in politics. Instead, IR theorists have tended to operate with a limited conception of law. An understanding of jurisprudence and legal methodology is a crucial step towards achieving a better account of international law in IR theory. But many of the flaws in IR's idea of law stem also from the theoretical foundations of constructivism - the school of thought which engages most frequently with law. In this book, Adriana Sinclair rehabilitates IR theory's understanding of law, using cases studies from American, English and international law to critically examine contemporary constructivist approaches to IR and show how a gap in their understanding of law has led to inadequate theorisation.

This book provides theoretical perspectives on systemic discrimination in employment and an overview of policy and institutional responses in eight countries, focusing on affirmative action and employment equity policies. As a unique international comparative survey and assessment of affirmative action and employment equity policies, this is a sourcebook for researchers, practitioners and students in the fields of public policy, employment law, sociology, industrial relations and human rights.

The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised in seven chapters, each dealing with a self-standing theme related to proportionality.

Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

The member states are facing the choice between either reaping the benefits of increasing integration in a certain area - in this case the capital markets - attended by a significant reduction in national powers of autonomous decision-making and independence, or retaining this national independence enabling them to pursue their own policy objectives with the aid of instruments selected at their discretion. To this question, there is no generally valid answer. The solution is determined by the weight assigned to the benefits, on the one hand, and that assigned to the reduction in national sovereignty, on the other. This, however, is a subjective matter, which is assessed differently in the various countries. OnnoRuding, 1969 1. 1 CAPITAL LffiERALIZATION AND MONETARY UNIFICATION In the 1980s Europe made a leap forward towards the liberalization of capital movements. EEC directives were accepted by all member states obliging them to abolish all remaining exchange controls. This common objective of freedom of capital movements has been consolidated in the Treaty on European Union. Nowadays virtually all restrictions have been lifted. This stands in striking contrast to the state of affairs only a decade ago, when many countries still operated a tight regime. Although the Treaty of Rome provided for the freedom of capital movements, this objective was circumscribed by the clause that such liberalization should only be carried through to the extent necessary to ensure the proper functioning of the Common Market.

Two ofthe most important notions concerning the rights of people with mental illness are among the most neglected: the first is that human rights and duties are complementary and that both must be considered in constructing a framework for mental health care. The second is that we must strive for equity and not only for equality in developing mental health programs. The first ofthese notions is complex. It refers to the duties ofpeople with mental illness and to the duties ofthose who surround them. Mental illness does not liberate the person who has it from civic obligations. The most basic ofthese is to give support to others and to refuse to harm them Their carers, society and the patient's self-respect all gain through their recognition, even though the fulfilment of these obligations might be difficult or impossible in certain periods ofillness. The duty of those surrounding the patients is to recognise and respect their existence and to make the necessary arrangements to respond to their needs, protect their rights and compensate for their temporary or permanent inability to fulfil their civic duties. A society's social capital is the public good that results from the mutual supportofmembers ofa society: iffor one reason or another, some or all members ofa society fail to offer such support the social capital will diminish and the society will cease to be civic.

Your invitation to me, as the President of the European Court of Human Rights, to conclude this year's study programme on the protection of hu man rights in Europe by delivering the prestigious Winston Churchill lec ture is a great honour not only for me personally but for the European Court of Human Rights as a whole, and I should like to thank the European Uni versity Institute and its Academy of European Law most warmly for giving me this opportunity. You are fortunate to have had the opportunity of following a week long general course on the protection of human rights in Europe given by my col league and friend Carl Aage N0rgaard, the President of the European Commission of Human Rights. To speak after hirn, in order to bring to a close your study programme, makes my task in some respects easier be cause I can take it for granted that you now have a clear and comprehensive understanding of the guarantees and the functioning of the European Con vention on Human Rights. On the other hand, it is, I must confess, not without a certain apprehension that I take the floor at this juncture because I am very weIl aware of how difficult it is to keep the attention of an audi ence which has had the privilege of hearing Carl Aage N0rgaard on more or less the same subject."

M. Rycroft, FacultyMember, InternationalSpaceUniversity e-mail:[email protected] "The Space Transportation Market: Evolution or Revolution?" was the question which was the focus for the papers presented, and also the Panel Discussions, at the fifth annual Symposium organised by the International Space University. Held in Strasbourg, France, for three lively days at the end of May 2000, the Symposium brought together representatives of the developers, providers and operators of space transportation systems, of regulatory bodies, and of users of the space transportation infrastructure in many fields, as well as experts in policy and market analysis. From the papers published here, it is clear that today's answer to the question tends more towards evolution than to revolution. The space launch industry is still not a fully mature one, and is still reliant on at least partial funding by governments. Better cooperation is essential between governments, launch providers, satellite builders and satellite operators in order to reduce the problems which the space transportation market faces today.

The practise of outlining principles for the conduct of US security policy in so-called doctrines is a characteristic feature of US foreign policy. From an international lawyer's point of view two aspects of these doctrines are of particular interest. First, to what degree are the criteria for the use of force, as laid down in these doctrines, consistent with the limitations for the use of force in international law? Second, which law-creating effects do these doctrines have? Furthermore, the legal nature of these doctrines remains uncertain. These matters are examined, beginning with the Monroe Doctrine of 1823 and taking into account the Stimson Doctrine of 1932, the doctrines of the Cold-War period and the Bush Doctrine of 2002. The Bush Doctrine in particular has generated controversies concerning its compatibility with Article 51 of the UN Charter, due to its principle of preventive self-defence.

A number of new approaches to the subject of international cooperation were developed in the 1980s. As a result, further questions have arisen, particularly with regard to the methods and limits of cooperation and the relationship between cooperation and the debate over multilateralism. International Cooperation considers these questions, identifies further areas for research, and pushes the analysis of this fundamental concept in international relations in new directions. Its two parts address the historic roots and modern development of the notion of cooperation, and the strategies used to achieve it, with a conclusion that reaches beyond international relations into new disciplinary avenues. This edited collection incorporates historical research, social and economic analysis and political and evolutionary game theory.

Academics and policymakers frequently discuss global governance but they treat governance as a structure or process, rarely considering who actually does the governing. This volume focuses on the agents of global governance: 'global governors'. The global policy arena is filled with a wide variety of actors such as international organizations, corporations, professional associations, and advocacy groups, all seeking to 'govern' activity surrounding their issues of concern. Who Governs the Globe? lays out a theoretical framework for understanding and investigating governors in world politics. It then applies this framework to various governors and policy arenas, including arms control, human rights, economic development, and global education. Edited by three of the world's leading international relations scholars, this is an important contribution that will be useful for courses, as well as for researchers in international studies and international organizations.

1.1 Cash Flow, Risk, Agency, Information, Investments The first volume dealt with the management of: cash flow (and the exchange of goods and services); risk; agency relationships; and information. The firm m- ages these aspects by legal tools and practices in the context of all commercial transactions. The second volume discussed investments. As voluntary contracts belong to the most important legal tools available to the firm, the second volume provided an - troduction to the general legal aspects of generic investment contracts and p- ment obligations. This volume discusses funding transactions, exit, and a particular category of decisions raising existential questions (business acquisitions). Transactions which can be regarded as funding transactions from the perspective of a firm raising the funding can be regarded as investment transactions from the perspective of an - vestor that provides the funding. Although the perspective chosen in this volume is that of a firm raising funding, this volume will simultaneously provide infor- tion about the legal aspects of many investment transactions. 1.2 Funding, Exit, Acquisitions Funding transactions are obviously an important way to manage cash flow. All - vestments will have to be funded in some way or another. The firm's funding mix will also influence risk in many ways. Funding. The most important way to raise funding is through retained profits and by using existing assets more efficiently. The firm can also borrow money from a bank, or issue debt, equity, or mezzanine securities to a small group of - vestors.

State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

PREMIERE PARTIE TEXTES FONDAMENTAUX ET INFORMATIONS DE CARACTERE GENERAL CHAPITRE I. TEXTES FONDAMENTAUX A. AMENDEMENTS AU REGLEMENT DE LA COUR EUROPEENNE DES DROITS DE L'HOMME 3 B. AMENDEMENTS AU REGLEMENT INTERIEUR DE LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME 3 C. DECLARATIONS D'ACCEPTATION DE LA COMPETENCE DE LA COM MISSION EUROPEENNE DES DROITS DE L'HOMME EN MATIERE DE REQUETES INDIVIDUELLES (Article 25 de la Convention) Autriche 9 Belgique II Italle II D. DECLARATIONS D'ACCEPTATION DE LA JURIDICTION OBLIGATOIRE DE LA COUR EUROPEENNE DES DROITS DE L'HOMME (Article 46 de la Convention) Autriche 13 Belgique 13 Italie 15 E. DECLARATIONS D'ACCEPTATION DE LA COMPETENCE DE LA COM MISSION EUROPEENNE DES DROITS DE L'HOMME EN MATIERE DE REQUETES INDIVIDUELLES ET DE LA JURIDICTION OBLIGATOIRE DE LA COUR EUROPEENNE DES DROITS DE L'HOMME VISEES A L' AR TICLE 6, PARAGRAPHE 2 DU PROTOCOLE NO 4 A LA CONVENTION EUROPEENNE Autriche 15 F. DEROGATIONS (Article 15 de la Convention) Turquie 17 ANNEXES Etat des Ratifications, Declarations et Reserves au 31 dec- bre 1973 32 Etat des Depots des Ratifications au 31 decembre 1973 35 VIII TABLE OF CONTENTS CHAPTER II. THE EUROPEAN COMMISSION OF HUMAN RIGHTS A. COMPOSITION B. BIOGRAPHICAL NOTES C. PROCEEDINGS D. SECRETARIAT CHAPTER III. THE EUROPEAN COURT OF HUMAN RIGHTS A. COMPOSITION 54 B. BIOGRAPHICAL NOTES 54 C. SESSIONS AND HEARINGS 58 D. REGISTRY OF THE COURT 58 CHAPTER IV. PRINCIPAL DEVELOPMENTS IN THE COUNCIL OF EUROPE CONCERNING THE PROTECTION OF HUMAN RIGHTS A."

We live in a world of science. Yet this is impossible without a legally guaranteed freedom to practise it. Findings with regard to the elements of such freedom can be deduced from an analysis of international and domestic provisions and principles. There are a plethora of international institutions, legal rules and global norms for the purpose of the international governance of science. The institutions and rules are to be interpreted in light of this freedom to guarantee the continuous existence of the knowledge-based society by means of a global administrative law of science. These aspects were analysed in a research project funded by the German Research Foundation. The book's purpose is to present the jurisprudential results. In addition, empirical results are collected in a freely available database. The study is composed of 5 parts: The Concept of Science/Global Administrative Law/Constitutional Basis: The Freedom of Science/Institutional Design/Governance Mechanisms.

PREMIERE PARTIE TEXTES FONDAMENTAUX ET INFORMA nONS DE CARACTERE GENERAL CHAPITRE I. TEXTES FONDAMENTAUX A. DECLARATIONS D'ACCEPTATION DE LA COMPETENCE DE LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME EN MATIERE DE REQUETES INDIVI- DUELLES (Article 25 de la Convention) 3 Danemark 3 Norvege 3 Royaume-Uni 5 B. DECLARATIONS D'ACCEPTATION DE LA JURIDICTION OBLIGATOIRE DE LA COUR EUROPEENNE DES DROITS DE L'HOMME (Article 46 de la Convention) 7 Danemark 7 Norvege 9 Royaume-Uni 9 C. DECLARATIONS D'ACCEPTATION DE LA COMPETENCE DE LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME EN MATIERE DE REQUETES INDIVI DUELLES ET DE LA JURIDICTION OBLIGATOIRE DE LA COUR EUROPEENNE DES DROITS DE L'HOMME VISEES A L'ARTICLE 6, PARAGRAPHE 2, DU PROTO COLE N" 4 A LA CONVENTION EUROPEENNE 13 Danemark 13 Norvege 15 D. DEROGATIONS (Article 15 de la Convention) 17 Turquie 17 ANNEXES - Etat des Ratifications, Declarations et Reserves au 31 decembre 1972 28 - Etat des Depots des Ratifications 31 CHAPITRE II. LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME 33 A. COMPOSITION 35 B. NOTICES BIOGRAPHIQUES C. TRAVALJX DE LA COMMISSION 35 41 D. SECRETARIAT VJII TABLE OF CONTENTS CHAPTER III. THE EUROPEAN COCRT OF HCMAN RIGHTS A COMPOSITION 44 B BIOGRAPHICAL NOTES 44 C SESSIONS AND HEARINGS 46 D REGISTRY OF THE COL'RT 48 CHAPTER IV. PRINCIPAL DEVELOPMENTS IN THE COUNCIL OF EUROPE CONCERNING THE PROTECTION OF HUMAN RIGHTS ~. CHRONOL.

This book presents a thorough analysis of the EU provisions and legal framework of passenger rights in the civil aviation field. It provides both a theoretical and practical view of the initiatives that have been taken in this field. This includes initiatives taken by the European Commission (EC) with the aim to improve the protection of passengers and by the European Court of Justice (ECJ) with regard to jurisprudence. The book points out the goals that have been obtained so far, as well as the goals that still need to be pursued. Particular attention is paid to EU institutions that have been created ad hoc to supervise aviation safety and harmonize the various safety procedures of the EU Member States. Recent and upcoming packages of important safety and security measures are examined in detail. The book gives examples of current applications of legislative instruments and presents readers with the tools to gain a deeper understanding of the legal, practical and theoretical aspects of this important topic in aviation.

This volume presents a high-level scholarly discussion on whether the concept of solidarity functions as a structural principle of international law and to what extent it has become a full-fledged legal principle. Each contributor addresses these questions by examining normative operations of the principle of solidarity in different branches of international law including international disaster law, international humanitarian law, the law of development cooperation and international environmental law as well as the relationship between the principle of solidarity and other legal principles such as the responsibility to protect and intergenerational equity.