Your cart is empty
This book analyzes the effects of the recent crisis and evaluates potential solutions to the gridlock that is currently dominating the Eurozone and the European Union, concerning both the monetary policy and the budgetary and fiscal policy. The timely study highlights the main challenges that European political leaders will face in the months to come. Furthermore, its interdisciplinary approach embraces economic, financial and legal perspectives, so as to ensure the global coherence and comprehensiveness of its content. The contributors to this volume are prominent experts from the areas of Economics, Finance, Law, and Political Science, offering readers a multifaceted view of the topics discussed.
This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma's achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either "one-way" or mutual influences between the Eastern and the Western legal systems, practices and philosophies.
This bibliography is a companion volume to International Law and the Social Sciences. One of the aims of the earlier work by Wesley L. Gould and Michael Barkun was to show how social science concepts could be employed in research in international law. With the support and encouragement of the American Society of international Law, they have now compiled a broad and thorough survey of social science literature of potential usefulness to students and practitioners of international law. Arranged by topics, the works cited range over political science, economics, sociology, anthropology, geography, and many interdisciplinary fields. Material on possible methodological approaches is also included. Each citation is fully and critically annotated and cross-indexed. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean 'conflicting interpretations' engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing is also known in English as 'rustling, duffing, raiding, stock theft, lifting and predatorial larceny.' Crime and punishment are differently perceived depending on cultures and legal systems: 'Captain Starlight' was a legendary 'duffer'; in India 'lifting' a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing 'unequal treaties' (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the 'trail of broken treaties'), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale).
The first edition of this seminal textbook made a significant impact on the teaching of EU external relations law. This new edition retains the hallmarks of that success, while providing a fully revised and updated account of this burgeoning field. It offers a dual perspective, looking at questions from both the EU constitutional law perspective (the principles underpinning EU external action, the EU's powers, and the role of the Court of Justice of the EU); and the international law perspective (the effect of international law in the EU legal order and the position of the EU in international organisations such as the WTO). A number of key substantive policy areas are explored, including trade, security and defence, police and judicial cooperation, the environment, human rights, and development cooperation. Taking a 'text, cases and materials' approach, it allows students to gain a thorough understanding of milestones in the evolution of EU law in this area, their judicial interpretation and scholarly appraisal. Linking these pieces together through the authors' commentary and analysis ensures that students are given the necessary guidance to properly position and digest these materials. Lastly, each chapter concludes with a section entitled 'The Big Picture of EU External Relations Law', which weaves together the diverse and complex materials into a coherent whole and stimulates critical discussion of the topics covered.
The book focuses on the topic of trends and challenges with regards to satellite-based earth observation. Contributors include legal experts in the field and representatives from institutions such as the European Space Agency, the European Space Policy Institute, academia and the private sector.
In fields such as politics, international relations, public administration and international law, there is a rapidly growing interest in the topic of 'accountability'. In this innovative new work, Steele shows how we might recognize how an alternative form of accountability in global politics has been present for some time, and that, furthermore, this form's continued presence remains one of the most politically powerful, if not endurable, possibilities for resistance in the near future. This book argues that the physical and visually shocking outcomes of violence found on the bodies of humans, as well as the buildings and landscapes which surround us, specifically the scars they leave behind, remain one of our most compelling forms of accountability. Steele develops the theoretical argument on scars and exteriority utilizing insights from several philosophical and theoretical resources including Hannah Arendt, Erving Goffmann, and Richard Rorty. The work examines scars and their effects through several illustrations, including the accounts of Emmett Till, Iranian protestor Neda Agha-Soltan, the Syrian boy Hamza al-Khateeb, the massacre in WWII and then memorializing throughout the 20th century of the Lidice children in the modern-day Czech Republic, the particular architecturally destructive outcomes of the 2008-9 Gaza War, the loss of the Twin Towers in New York, as well as a variety of violent scars found on the landscapes of Europe and Southeast Asia. Emphasizing the importance of the space and 'time' of scars, the book illustrates how an alternative form of accountability in the scar can be a useful, disruptive, spontaneous, but also creative practice to challenge the discourses of violence which remain with us today.
The rise of Euroscepticism and populist backlash pose a dramatic challenge to the EU and highlight the EU's growing legal powers over core areas of state sovereignty. Authored by leading academics and policymakers, this book provides a comprehensive and cutting-edge analysis of the fields of EU law at the heart of contemporary political debates - economic policy, human migration, internal security, and constitutional fundamentals at the national level. Following the specialist contributions, the conclusion draws out critical, cross-cutting lessons for improving legitimacy and advancing the rule of law, rights and democracy in sovereignty-sensitive areas of EU law. Accessible to students, this volume is an invaluable resource for researchers and scholars of EU law and politics.
This is the first detailed study in any language of the single most influential theory of the modern state: Samuel von Pufendorf's account of the state as a 'moral person'. Ben Holland reconstructs the theological and political contexts in and for which Pufendorf conceived of the state as being a person. Pufendorf took up an early Christian conception of personality and a medieval conception of freedom in order to fashion a theory of the state appropriate to continental Europe, and which could head off some of the absolutist implications of a rival theory of state personality, that of Hobbes. The book traces the fate of the concept in the hands of others - international lawyers, moral philosophers and revolutionaries - until the early twentieth century. It will be essential reading for historians of political thought and for those interested in the development of key ideas in theology, international law and international relations.
This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. The first section of the book provides an overview of developments in data protection in different parts of the world. The second section focuses on one of the most captivating innovations of the data protection package: how to forget, and the right to be forgotten in a digital world. The third section presents studies on a recurring, and still important and much disputed, theme of the Computers, Privacy and Data Protection (CPDP) conferences : the surveillance, control and steering of individuals and groups of people and the increasing number of performing tools (data mining, profiling, convergence) to achieve those objectives. This part is illustrated by examples from the domain of law enforcement and smart surveillance. The book concludes with five chapters that advance our understanding of the changing nature of privacy (concerns) and data protection.
With growing numbers of independent schools (pre-school, primary and secondary), vocational colleges and universities seeking to establish themselves internationally, this new text focuses on the complex legal and regulatory requirements of setting up an educational institution overseas. As these institutions expand into the global arena - where there is a preference for adopting the UK model, supported by government contracts and foreign investment - traditional advisers to the independent education market increasingly need to understand the multi-disciplinary aspects of setting up abroad. Therefore, this book will make essential reading for all lawyers, accountants and school governing bodies involved with international expansion. Private equity investors, who need to understand the due diligence process specific to this sector and the structuring of their partnerships with potential 'sister schools', plus commercial property and real estate consultants involved in the actual building of overseas institutions, will also find this book invaluable. The content examines market viability, the challenges of managing an international educational business, business plans, sustaining relationships, IP issues, data protection, international employment matters, tax considerations, brand protection and corporate structure. There is also a detailed country-by-country comparative analysis which is intended to inform the decision as to where to set up an educational establishment overseas. The text is further enhanced by numerous case studies. In summary, this comprehensive handbook will provide a trusted guide for legal and business markets to the risk profiling, structural analysis and regulatory compliance issues that face all educational organisations seeking to establish themselves internationally.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 149 reports on, amongst others, judgments of German courts, the International Court of Justice and the European Court of Human Rights in the cases between Liechtenstein and Germany concerning the Pieter van Laer painting, judgments concerning economic sanctions imposed by the United Nations Security Council in the Kadi cases, Othman and Ahmed and the 2010 judgment of the Federal Court of Australia in Habib v. Commonwealth of Australia.
This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.
The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional. In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage. In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world. Cited in Opinion of Advocate General Evgeni Tanchev, Case C-730/18 P, SC v Eulex Kosovo,ECLI:EU:C:2020:176, Court of Justice of the European Union (First Chamber), 5 March 2020; and, Opinion of Advocate General Gerard Hogan, Case C-134/19 P, Bank Refah Kargaran v Council of the European Union, ECLI:EU:C:2020:396, Court of Justice of the European Union (Grand Chamber), 28 May 2020.
This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.
This volume analyzes the evolution of geo-political and economic integration in the Eurasian area. The Eurasian integration is a growing phenomenon and the largest scale analysis proves necessary to avoid simplistic judgments based only on the geo-political approach. The editors of this publication present different profiles of integration, such as the geo-political and constitutional aspect, the relations with the European Union, migration issues, energy flows, the compatibility between the Eurasian and the WTO law, and the comparison with the European integration model. The book presents a wide range of viewpoints through essays of specialists from Russia, Ukraine, Lithuania, Belarus, Italy, France.The book is of interest to academics and practitioners in constitutional, international and European law, international relations, and political science. It was published with the support of the Department of International Studies of the University of Milan, within which a specific multidisciplinary research group on the countries of Central and Eastern Europe, well known at national and international level, has consolidated its experience over the years.
Underground warfare, a tactic of yesteryear, has re-emerged as a global and rapidly diffusing threat. This book is the first of its kind to examine tunnel warfare in a systematic and comprehensive way, addressing the legal issues while keeping in mind operational and strategic challenges. Like many other aspects of contemporary warfare, the renewed use of the subterranean in armed conflict presents a challenge for democracies wishing to abide by the law. To Dr. Richemond-Barak, this challenge has not only been under-explored, it is also largely underestimated by the community of states, security experts, and public opinion. She analyzes traditional concepts of the laws of war as they relate to tunnels and underground operations, contemplating questions such as whether tunnels constitute legitimate targets, the assessment of proportionality in anti-tunnel operations, and the availability of advanced warning in this complex terrain. She also identifies issues that are unique to underground warfare, including those that arise when cross-border tunnels burrow under a state's own civilian infrastructure.
Within the last decade, the Internet has developed as a phenomenon encompassing social, cultural, economic and legal facets. It has become common practice to use the Internet for both the retrieval and provision of information, with the result that the Internet has become a valuable tool in everyday life. Many Internet participants are unaware that they leave data tracks on every website they pass; surfing on the World Wide Web is far from being an anonymous activity of no consequence. In recent years a number of networking techniques have been initiated in order to accommodate the netizen's wish for anonymous communication and the protection of their privacy in the online world. Anonymization explores the legal framework developed to help protect netizens' privacy and their wish for anonymous communication over the Internet. It debates the value in helping to protect anonymity over a network which sees an increasing number of cybercrimes, and explores governmental interventions into anonymity requests, and whether requests should only be legal if a sufficiently legitimized public interest is given.
This book provides a broad set of information and data on the rise of private actors in the space sector, organized into different topics covering the various trends that have shaped the space sector during the last decade. The book, written in a descriptive fashion, concludes with recommendations for future analytical research on the topic.
Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. Only a rights-based analysis will suffice, because the type of justification we seek for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others. After defending rights forfeiture theory against the standard objections, Wellman explains this theory's implications for a number of core issues in criminal law, including the authority of the state, international criminal law, the proper scope of the criminal law and the tort/crime distinction, procedural rights, and the justification of mala prohibita.
You may like...
Policy Accumulation and the Democratic…
Christian Adam, Steffen Hurka, … Hardcover
Authority and the Globalisation of…
Hans Lindahl Paperback R798 Discovery Miles 7 980
On Nuclear Weapons: Denuclearization…
Stefan Andersson Hardcover
The Crime of Aggression, Humanity, and…
Tom Dannenbaum Paperback R745 Discovery Miles 7 450
Ethical Theory and Business
Denis G. Arnold, Tom L. Beauchamp, … Paperback R1,398 Discovery Miles 13 980
Leading Without Authority - Why You…
Keith Ferrazzi Paperback
International Organizations - Politics…
Ian Hurd Paperback R875 Discovery Miles 8 750
Unconditional Life - The Postwar…
Yoriko Otomo Hardcover R2,000 Discovery Miles 20 000
Election Interference - International…
Jens David Ohlin Paperback
Rules of Procedure at the UN and at…
Robbie Sabel Hardcover