International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-a-vis the domestic legal order.

[Writings pertaining to European and international private, banking and commercial law] Europeanization and internationalization challenge the realm of jurisprudence to an extraordinary degree. The division in special fields and the relationship with other social sciences necessitate critical reevaluation in view of many interactions. Cross-references between commercial law regulation and private, autonomous arrangement distinctly show this development. Jurisprudence emerging beyond Germany has to deal with such challenges. The law of financial services serves as an example of the cross-section material from private law and (public) commercial law. This takes into account the series at hand in terms of content and method. In addition to banking, capital market and financial law as the main emphasis, corporate law, competition & cartel law, intangible property rights, insolvency law and also labor law show similar overlaps. The intensive internationally-oriented treatment of the overlaps of classical private law - in particular contractual law - and commercial law promise a bountiful yield, especially on the European level under the summarizing aspect of corporate law. The outstanding monography also finds its place in the series, as well as the conference volume, works in German and also occasional works in English. There are economically-aligned works in addition to juridical works constituting the main emphasis. Works pertaining to Europeanization and internationalization are compiled in the series, which convey commercial law and commercially-conceived private law in an outstanding manner.

Der fA1/4nfte Band dokumentiert in zwei TeilbAnden die Strafverfahren wegen Rechtsbeugung durch die DDR-Justiz. Die Anklagen gegen ehemalige Richter und StaatsanwAlte der DDR betrafen zumeist ihre Mitwirkung an der politischen Strafjustiz. Hier liegt auch der Schwerpunkt der Dokumentation. Besondere Bedeutung kommt den Strafverfahren im Zusammenhang mit den Waldheimer Prozessen und der "Aktion Rose" sowie dem "Havemann-Verfahren" zu. Daneben werden Rechtsbeugungsverfahren wegen arbeits- oder zivilrechtlicher Entscheidungen der DDR-Justiz wiedergegeben. Die abgedruckten Justizdokumente verschaffen einen Einblick in die rechtlichen Probleme der Strafverfolgung von Justizunrecht und geben zeithistorisch darA1/4ber Aufschluss, welche Rolle der gesteuerten Justiz bei der UnterdrA1/4ckung unangepassten und oppositionellen Verhaltens in den verschiedenen Entwicklungsphasen der DDR zukam.

How referendums can diffuse populist tensions by putting power back into the hands of the people Propelled by the belief that government has slipped out of the hands of ordinary citizens, a surging wave of populism is destabilizing democracies around the world. As John Matsusaka reveals in Let the People Rule, this belief is based in fact. Over the past century, while democratic governments have become more efficient, they have also become more disconnected from the people they purport to represent. The solution Matsusaka advances is familiar but surprisingly underused: direct democracy, in the form of referendums. While this might seem like a dangerous idea post-Brexit, there is a great deal of evidence that, with careful design and thoughtful implementation, referendums can help bridge the growing gulf between the government and the people. Drawing on examples from around the world, Matsusaka shows how direct democracy can bring policies back in line with the will of the people (and provide other benefits, like curbing corruption). Taking lessons from failed processes like Brexit, he also describes what issues are best suited to referendums and how they should be designed, and he tackles questions that have long vexed direct democracy: can voters be trusted to choose reasonable policies, and can minority rights survive majority decisions? The result is one of the most comprehensive examinations of direct democracy to date-coupled with concrete, nonpartisan proposals for how countries can make the most of the powerful tools that referendums offer. With a crisis of representation hobbling democracies across the globe, Let the People Rule offers important new ideas about the crucial role the referendum can play in the future of government.

This guide comes from South Africa's foremost experts on Emotional Intelligence, the result of numerous requests from parents, teachers and youth councillors. The title is has activities for use by teachers and parents to help children – from toddlers to teens – develop their EQ. The 68 age-appropriate activities make use of everyday resources and show just how easy it can be to teach EQ. The activities are designed to help children identify and verbalise their feelings, leading to effective communication and the experience of being in charge rather than at the mercy of their feelings. Children learn to take risks, to accept setbacks as part of life, to learn from their experiences and above all to love being themselves. Children who have been taught the skills of EQ become more motivated, resilient and compassionate. It also enhances self-control and the peaceful resolution of conflicts.

The fifth volume documents the criminal procedures concerning the perversion of justice through the GDR law in two volumes. The charges against former judges and public prosecutors of the GDR mostly pertained to their participation in the political criminal justice. The emphasis of the documentation also lies here. Criminal procedure inheres specific meaning in connection with the Waldheim trials and the a oeAktion Rosea [a oeOperation Rosea ] as well as the a oeHavemann triala . In addition perversion of justice processes concerning labor and civil law rulings of the GDR law are described. The printed law documents provide an insight into the legal problems of the criminal prosecution from legal injustice and gives historical insights on this, whose role inhered controlled justice with the oppression of non-conformist and oppositional behavior in the different development phases of the GDR.

Why are women so dramatically underrepresented in formal leadership positions-and what can be done to improve the situation? This unique collection takes up these questions in the crucial practical concepts of law, politics, and business-the arenas in which women's leadership has the most public influence. Bridging the worlds of theory and practice, the essays in this collection bring new insights to long-standing questions about the difference gender difference makes, both in access to leadership and in its exercise. The contributors to this collection represent some of the nation's most distinguished women leaders and most respected scholars on women and leadership, and reflect a distinctive array of perspectives and backgrounds. Among others, they include former Congresswoman Patricia Schroeder; former NOW president Patricia Ireland; the Right Honorable Kim Campbell, former prime minister of Canada; and Judith Resnik, the Arthur Liman Professor of Law, Yale Law School. Written in accessible, lively prose, and informed by a wealth of scholarship and personal experience, this collection should appeal to a broad audience.

European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice. The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers. European Employment Law is written for advanced students, academics and practitioners specialising in EU employment law.

Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.
The book asks the question: What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Civil justice is here interpreted to mean not only codified law but also actual legal practice. Since the consequences of court actions frequently differed from the code's intent, this book also addresses the question of how legal practice mediated between code and custom. It aims to track the developing history of the legal system and to discover what it meant in the lives of the Chinese people.
Part One covers the revising of the Qing code and the drafting of new codes, especially the Civil Code of 1929-30, the major institutional changes that preceded the promulgation of new laws, and the organizing principles of those laws. Part Two, the main body of the text, uses case records from both the Qing and the Republic to examine certain topics that engendered frequent litigation: conditional sales of land, topsoil ownership, debt, old-age support, and women's choices in marriage, divorce, and illicit sex.
The book demonstrates the contrasting logics of Qing and Republican law: of privileges granted by the absolutist ruler versus rights independent of the will of the ruler, of a survival ethic versus a capitalist one, of patrifamilial property versus individual property, of reciprocal parent-child support versus unidirectional support, and of partial and limited choice for women versus independent agency. The book shows, however, that in actual practice the new legal systems made many accommodations to traditional customs, thus making major concessions to social realities while still holding to radically different principles.
The author demonstrates the inadequacies of a simple contrast between the Chinese legal tradition and modernity, or between China and the West. He argues instead for paying attention to the local knowledge of modernization and to the logics not only of the codes but also of customs and court actions. He shows, finally, the importance of both systemic structure and individual choice for this social and cultural study of Chinese law.

During the Battle of the Bulge, Waffen SS soldiers shot 84 American prisoners near the Belgian town of Malmedy-the deadliest mass execution of U.S. soldiers during World War II. The bloody deeds of December 17, 1944, produced the most controversial war crimes trial in American history. Drawing on newly declassified documents, Steven Remy revisits the massacre-and the decade-long controversy that followed-to set the record straight. After the war, the U.S. Army tracked down 74 of the SS men involved in the massacre and other atrocities and put them on trial at Dachau. All the defendants were convicted and sentenced to death or life imprisonment. Over the following decade, however, a network of Germans and sympathetic Americans succeeded in discrediting the trial. They claimed that interrogators-some of them Jewish emigres-had coerced false confessions and that heat of battle conditions, rather than superiors' orders, had led to the shooting. They insisted that vengeance, not justice, was the prosecution's true objective. The controversy generated by these accusations, leveled just as the United States was anxious to placate its West German ally, resulted in the release of all the convicted men by 1957. The Malmedy Massacre shows that the torture accusations were untrue, and the massacre was no accident but was typical of the Waffen SS's brutal fighting style. Remy reveals in unprecedented depth how German and American amnesty advocates warped our understanding of one of the war's most infamous crimes through a systematic campaign of fabrications and distortions.

This book argues that the Mongol invasion of China in the thirteenth century precipitated a lasting transformation of marriage and property laws that deprived women of their property rights and reduced their legal and economic autonomy. It describes how indigenous social change combined with foreign invasion and cultural confrontation to bring laws more into line with the goals of the radical Confucian philosophers, who wished to curtail women's financial and personal autonomy. This book provides a reevaluation of the Mongol invasion and its influence on Chinese law and society, and presents a new look at the changing position of women in premodern China.

This book brings together a selection of papers originally presented and discussed at the fourth international restorative justice conference, held at the University of TA1/4bingen. The contributors include many of the leading authorities in the burgeoning field of restorative justice, and they provide a comprehensive review of developing international practice and directions, and the context in which restorative justice practices are developing. Restorative Justice in Context moves beyond a focus on restorative justice for juveniles to a broader concern with the application of restorative justice in such areas as corporate crime, family violence and the application of restorative justice in cases of extreme violent crimes. The contexts examined are drawn from Europe, North America, Australasia and Japan. leading world authorities analyse international case studies reflecting the growth of restorative justice worldwiderapidly expanding area of interest

Why does Monkey fear Leopard? Why does the Reed Warbler babble? How did Jabulani outwit the Lion? These and other intriguing questions are answered in When Bat was a Bird.

Twenty-four fresh and exciting stories feature memorable creatures both real and magical. In his latest collection, author Nick Greaves draws once more from the lore, mythology and history of various southern African tribes to relate a new collection of tales that is bound to become a firm favourite along with the highly successful When Hippo was Hairy, When Lion Could Fly, and When Elephant was King.

A look inside the weaponization of social media, and an innovative proposal for protecting Western democracies from information warfare. When Facebook, Twitter, YouTube, and Instagram were first introduced to the public, their mission was simple: they were designed to help people become more connected to each other. Social media became a thriving digital space by giving its users the freedom to share whatever they wanted with their friends and followers. Unfortunately, these same digital tools are also easy to manipulate. As exemplified by Russia's interference in the 2016 U.S. presidential election, authoritarian states can exploit social media to interfere with democratic governance in open societies. Tyrants on Twitter is the first detailed analysis of how Chinese and Russian agents weaponize Facebook, Instagram, Twitter, and YouTube to subvert the liberal international order. In addition to examining the 2016 U.S. election, David L. Sloss explores Russia's use of foreign influence operations to threaten democracies in Europe, as well as China's use of social media and other digital tools to meddle in Western democracies and buttress autocratic rulers around the world. Sloss calls for cooperation among democratic governments to create a new transnational system for regulating social media to protect Western democracies from information warfare. Drawing on his professional experience as an arms control negotiator, he outlines a novel system of transnational governance that Western democracies can enforce by harmonizing their domestic regulations. And drawing on his academic expertise in constitutional law, he explains why that system—if implemented by legislation in the United States—would be constitutionally defensible, despite likely First Amendment objections. With its critical examination of information warfare and its proposal for practical legislative solutions to fight back, this book is essential reading in a time when disinformation campaigns threaten to undermine democracy.

With the help of this guide, you can use obtained test results to evaluate the fertility status of soils and the nutrient element status of plants for crop production purposes. It serves as an instructional manual on the techniques used to perform chemical and physical characteristic tests on soils. Laboratory Guide for Conducting Soil Tests and Plant Analysis describes the basis and procedures for each test in detail, including analytical instrumentation procedures and laboratory quality assurance requirements.

In den letzten Jahrzehnten ist der Kunstmarkt stetig gewachsen. Die Teilnahme an Kunstmessen ist zu einer UEberlebensfrage fur die ausstellenden Kunsthandler geworden. Ob nun in Deutschland oder im Ausland streiten Galerien und Veranstalter um die Zulassung. Die vorliegende Untersuchung nimmt die rechtlichen Wirkungen von Zulassungsbeschrankungen und Kartellrecht auf Kunstmessen in den Fokus. Dabei wird herausgearbeitet, dass das "normale" Recht nicht einfach auf Kunst angewendet werden kann. Vielmehr bedarf es der Kenntnisse der Kunsthandelsbrauche und der tatsachlichen Geschehnisse auf dem Kunstmarkt, um sachgerechte Loesungen zu finden, die alle Beteiligten zufrieden stellen und gleichzeitig auch den Bedurfnissen des Kunstwerks gerecht werden.

Have you ever gone into a doctor's office and come out feeling like a laboratory project rather than a human being? This book offers a refreshing perspective. In Dr. Daniel's forty years in the medical community, he has discovered an important truth: people find more complete healing when treated as integrated persons - with minds as well as bodies, emotions as well as muscles, spirits as well as skin. Through real-life stories and insightful studies, Fountain uses his experience to explore a balanced relationship between faith, medicine, and ultimate spiritual hope.

Authoritative, current, and easy to use, this book is an outstanding resource for readers looking to gain an accurate and thorough understanding of American juvenile justice. Juvenile delinquency has been of interest to the general public and academic scholars for many decades—and it has been an ongoing societal problem for the same amount of time. Delinquency covers a range of behaviors from minor offenses, such as trespassing or vandalism, to the more serious crimes often associated with gangs that include murder. Juvenile Justice: A Reference Handbook puts juvenile justice under the microscope, surveying its long history and key issues, exploring the myriad of problems and controversies tied to the juvenile justice system, and explains how policymakers and legal professionals have tried to solve these vexing issues. The book first presents historical and contemporary discussions of juvenile justice, especially in the United States. The next chapters address problems, controversies, and possible solutions for juvenile justice; present insightful, diverse perspectives from leading experts; and profile important figures in the juvenile justice system and the field of crime and delinquency. The book also contains data and primary documents that show who gets processed through the juvenile justice system and for what kinds of criminal acts.

We all know that orange is the new black and mass incarceration is the new Jim Crow, but how much do we actually know about the structure, goals and impact of our criminal justice system? Understanding Mass Incarceration offers the first comprehensive overview of the incarceration apparatus put in place by the world's largest jailer: the USA. Drawing on a growing body of academic and professional work, Understanding Mass Incarceration describes in plain English the many competing theories of criminal justice.

This work offers an analysis of the penal control of women at the end of the 20th century. The author develops many of the themes of her previous work, while introducing concepts such as "gender testing", and "ameliorative justice". Using the words and views of both staff and inmates of the women's prisons, Carlen presents a powerful case for both a quantitative and qualitative reduction in women's imprisonment.