The Montreal Convention came into effect on 3rd November 2003 following the deposit of the 30th ratification document. Meanwhile it applies to 64 states. Through the quick ratification by further states, the precursor, the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signet at Warsaw on 12 October 1929, is becoming increasingly obsolete. The aim of the convention is to create a new, modern and comprehensive work of regulations, which corresponds firstly to the altered technical, economic and consumer protected standards and secondly further guarantees a uniform and clear law by integrating the different legal sources of the Warsaw Convention System.The objective of the commentary is to explain the purposes of the con-vention briefly and concisely for the practitioner. As an important source of interpretation serves the history of the origin of the Montreal Convention as well as the Warsaw Convention. Secondly, the annota-tion considers Continental and American precedents in the area of air carrier liability for damage to passengers and goods as well as the legal sources of the European Community legislators. Furthermore, the annotation discusses the differing ways in which various states have implemented the objection of the air carrier to ensure the compulsory insurance. The Montreal Convention law enforcement, the EC Regulation on air carrier liability in the event of accidents, the EC Regulation establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights are explained and described along with the Montreal Convention.The work contains a text synopsis of the Montreal Convention, the Warsaw Convention in the version of The Hague protocol from 1955 as well as the Warsaw Convention from 1929. Furthermore, in the appendix of the work, the Montreal Convention law enforcement, the European Community law on air carrier liability in the event of acci-dents and of denied boarding, cancellation or long delay of flights as well as on insurance requirements for air carriers and aircraft operators claims, the general terms of transport of IATA and the German Luf-thansa AG are also printed as well as further important international conventions, such as the Chicago Convention.

This case, entered on the Court's General List on 19 December 1994, under number 95, was the subject of an Advisory Opinion delivered on 8 July 1996. The documents relating to the case include: Volume I. Request for Advisory Opinion; Written Proceedings; Volume II. Oral Statements. A CD-ROM containing the annexes can be found in a sleeve at the end of each volume

Virtually all pertinent issues that the world faces today - such as nuclear proliferation, climate change, the spread of infectious disease and economic globalization - imply objects that move. However, surprisingly little is known about how the actual objects of world politics are constituted, how they move and how they change while moving. This book addresses these questions through the concept of 'translation' - the simultaneous processes of object constitution, transportation and transformation. Translations occur when specific forms of knowledge about the environment, international human rights norms or water policies consolidate, travel and change. World Politics in Translation conceptualizes 'translation' for International Relations by drawing on theoretical insights from Literary Studies, Postcolonial Scholarship and Science and Technology Studies. The individual chapters explore how the concept of translation opens new perspectives on development cooperation, the diffusion of norms and organizational templates, the performance in and of international organizations or the politics of international security governance. This book constitutes an excellent resource for students and scholars in the fields of Politics, International Relations, Social Anthropology, Development Studies and Sociology. Combining empirically grounded case studies with methodological reflection and theoretical innovation, the book provides a powerful and productive introduction to world politics in translation.

Although there is no universally accepted definition of the term "land grabbing", ordinary people whose livelihoods are adversely affected by land grabbing know exactly what it is. It involves the physical capture and control of land and homes, including the usurpation of the power to decide how and when these will be used and for what purposes - with little or no prior consultation or compensation to the displaced communities. This thought-provoking book defines land grabbing, and examines aspects of the land grabs phenomenon in seven Asian countries, researched and written by country-specific legal scholars. The book provides unique perspectives on how and why land grabbing is practised in China, India, Pakistan, Cambodia, Malaysia, Myanmar and Indonesia, and explores the surprising role that law plays in facilitating and legitimizing land grabs in each country. In contrast to most of the literature which law focuses on foreign investors' rights under international law, here the focus is on domestic laws and legal infrastructures. Finding that Asian States need to move beyond existing regimes that govern land to a regime that encourages more equitable land rights allocation and protection of stakeholders' rights, the book urges further research in the nexus between the use of law to facilitate development. Land Grabs in Asia is the first book to explore land grabbing in multiple jurisdictions in Asia. As such, it will appeal to students and scholars of law and development, law and society, and international relations, as well as being essential reading for development policy-makers and government ministers.

North of El Norte provides an important counterpoint to the attention given to Mexican migration to the United States by examining a lesser-known migration route: that taken b by contemporary Mexican migrants to Canada. Paloma Villegas examines not only the implications of changing Canadian immigration policy and practice but also the barriers that migrants without permanent resident status encounter once in Canada, specifically in the labour market, in their creative pursuits, and in accessing health care. Her comprehensive research sheds light on how individuals and institutions work to illegalize migrants and on the migrants' active resistance to those efforts.

The law of succession enjoys a growing practical meaning. The work contains a description of the main elements as well as the focal point of the law of succession. Reforms in relation to the first edition are mainly brought about by numerous court decisions. Newly incorporated was particularly the subject "patient wills", which at the time was widely discussed in connection with euthanasia. The main feature is divided by visual emphasis from the detailed passages, which are directed at elective candidates. Every chapter closes with a summary. Additionally, the most important information is summarized in numerous overviews. For a better understanding of the subject matter dealt with, many examples of topics are found within the text. The combination of these pedagogical features comprises the specific benefit of this work.

Mathematics N1 forms part of a series of mathematics books for vocational colleges written by a team of mathematics lecturers with years of classroom experience. The main aim of Mathematics N1 is to make mathematics as accessible as possible to learners, in terms of language and content. Large numbers of graded exercises and model assessment papers are included to afford learners the opportunity to strengthen their mathematical skills. The answers to all assessments are provided. Other books in the series include: Mathematics N2; Mathematics N3.

In 1958 Mildred Jeter and Richard Loving, two young lovers from Caroline County, Virginia, got married. Soon they were hauled out of their bedroom in the middle of the night and taken to jail. Their crime? Loving was white, Jeter was not, and in Virginia--as in twenty-three other states then--interracial marriage was illegal. Their experience reflected that of countless couples across America since colonial times. And in challenging the laws against their marriage, the Lovings closed the book on that very long chapter in the nation's history. "Race, Sex, and the Freedom to Marry" tells the story of this couple and the case that forever changed the law of race and marriage in America.

The story of the Lovings and the case they took to the Supreme Court involved a community, an extended family, and in particular five main characters--the couple, two young attorneys, and a crusty local judge who twice presided over their case--as well as such key dimensions of political and cultural life as race, gender, religion, law, identity, and family. In "Race, Sex, and the Freedom to Marry," Peter Wallenstein brings these characters and their legal travails to life, and situates them within the wider context--even at the center--of American history. Along the way, he untangles the arbitrary distinctions that long sorted out Americans by racial identity--distinctions that changed over time, varied across space, and could extend the reach of criminal law into the most remote community. In light of the related legal arguments and historical development, moreover, Wallenstein compares interracial and same-sex marriage.

A fair amount is known about the saga of the Lovings and the historic court decision that permitted them to be married and remain free. And some of what is known, Wallenstein tells us, is actually true. A detailed, in-depth account of the case, as compelling for its legal and historical insights as for its human drama, this book at long last clarifies the events and the personalities that reconfigured race, marriage, and law in America.

ation" and "Conciliation Terms," with further supplementary notes on "Methods of Conciliation of Domestic Matters." Inasmuch as the practice of domestic matters conciliation is a most important job, it is very difficult to describe it adequately. Feeling a great responsibility imposed upon my shoulder, I have to confess that I prepared this little pointer with great toil and application. I am afraid, however, that due to my mediocrity and immaturity I may have committed some inadvertent errors or dogmatic assertions. I am glad to say that after having shown this paper to my seniors I have obtained their approval on its publication. Just full three years have elapsed since I engaged myself in the conciliation of domestic matters. But that holy mysterious land of treasure lies still unconquered beyond many rivers and, mountains far in the distance. So we pilgrims must devote ourselves heart and soul to the steady progress of study. If this small work proves a mile stone towards our destination, I shall be happier than I expected. Relying on good walkers in our party, I sincerely pray that they will before long reach the summit of the sacred mountain where they can command a grand view of the vast field of legislation. (Jan. 1951) CHAPTER 1. INTRODUCTION 2. A men d men t tot h e C i viI Cod e and D 0 m est i c ReI a t ion s Law and the F ami 1 y C 0 u r t.

Juristen, Ärzte, Pharmakologen und Apotheker finden in diesem Werk vier wesentliche Aspekte des Medizinrechts: das Arztrecht, das Arzneimittelrecht, das Recht der Medizinprodukte und das Transfusionsrecht. Die rechtliche Darstellung medizinischer, pharmazeutischer und medizintechnischer sowie transplantations- und transfusionsrechtlicher Probleme verdeutlichen Entscheidungen und praktische Fälle. Ein Blick auf ausländische Entscheidungen, Regeln und Tendenzen rundet das Bild ab. Europarechtliche Vorgaben werden eingehend beleuchtet. Die 7. Auflage setzt neue Akzente im Bereich des Transplantationsrechts, der Patientenverfügung und der Sterbebegleitung und zeigt neuere Entwicklungen in Europa im Recht der medizinischen Forschung, auch an Tieren. Wegen der genauen Gliederung und des ausführlichen Registers ist das Buch auch als Nachschlagewerk geeignet.

With hundreds of references to the jurisprudence of United Nations human rights mechanisms, this handbook provides human rights and electoral practitioners with a clear picture of the close interplay between elections and international human rights law. The handbook discusses international human rights standards regarding electoral processes and political participation, and how these standards apply to specific aspects of elections. Current issues such as gender-based violence in politics, disinformation and data manipulation, and the impact of Internet shutdowns are considered in the light of international human rights law and the recommendations of United Nations experts

Courts and judicatory institutions exercising a constitutional function are a feature of many communities nowadays. At one time, the institution of constitutional jurisdiction was a key element of political and judicial decision-making structures of only a few states, but since the Second World War and especially in the wake of the upheaval in Central and Eastern Europe after 1989 it has become very widely adopted. Where not only the procedures, but also the substance of political processes are subject to binding and final judgements, the constitutional jurisdiction develops particularly lasting and far-reaching effects: The rulings of the highest courts shape the political system and legal culture to such an extent that these courts themselves acquire the status of sovereign bodies. The legitimacy of this type of judicial review is examined in the book at hand. The study treats the subject of constitutional review as an abstract concept, brings typological order to the diverse forms of constitutional jurisdiction, conceives constitutional judgement as the institutionalised judicial reviewability of all acts of the state, and considers the valibility of constitutional jurisdiction in a constitutional democracy. The work argues that there are pragmatic reasons in favour of justifying a legal control of this kind and of ascertaining the suitability of the courts for that task. There are, however, no clear-cut principles either in favour of or against the systems of an all-embracing constitutional review. Supervision by the courts and judicatory institutions is addressed as a problem of political theory and philosophy of law. In order to follow this route, the work discusses some major theorems and topics - raised in current debates as well as deriving from the history of political ideas; likewise it offers a critical analysis of those doctrines. The issue of whether or not all state actions should be subject to judicial review is not simply a question of academic interest - its impact is a matter of concern to all citizens, not merely to experts. In view of the legal and political regimen of the European Union the problem of legitimate constitutional judgement is of prime importance.

When war is being waged, man is inclined to ask himself whether only force is governing the relations between States. War, it is argued, rests on a fact, not on law, and so the existence of international law, asa body of rules applicable to the relations between States or to the relations between States and international institutions, is called into question. Is international law-both the law of peace and of war-really based on general principles of law, such as domestic law, or is it but a conception of the spirit? The problem of the significance of general principles in international law has already been examined bi; many authors, especially in relation to article 38 3 of the Statute of the Permanent Court of International Justice, which Court is to apply, apart from international conventions and custom, "the general principles of law recognized bij civilized nations. " The purpose of this study was to construct a new method of inquiry into the general principles, upon which international law is based. International law is unwritten law. Its positive rules must be sought in treaty texts, diplomatic correspondence, or decisions of interna- tional tribunals. The latter material will be especially used in this study, so as to avoid data of a rather political and subjective nature. Moreover, the international judge or arbitrator is mostly asked to 1 apply general rules of international law.

From New York Times bestselling author Cass Sunstein, a timely and powerful argument for rethinking how the U.S. Constitution is interpreted The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today—about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution—and argues that the only way to choose one is to ask whether it would change American life for the better or worse. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason. But some Supreme Court justices are committed to “originalism,” arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn’t contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects—what it does to our rights and our institutions. It must respect those rights and institutions—and safeguard the conditions for democracy itself. Passionate and compelling, How to Interpret the Constitution is essential reading for anyone who is concerned about how the Supreme Court is changing the rights and lives of Americans today.

Clear, concise, and current, REAL ESTATE LAW, 9th Edition, combines practical legal examples with theory and case law to provide a comprehensive picture of the field. Rather than using a state-specific format, the book covers real estate law generally, offering discussions, short case summaries, longer teaching cases, exhibits, and practical applications that help you spot the issues, apply legal principles to realistic situations, and recognize when to consult an attorney. Coverage of ethical concerns and public policy matters helps you understand key issues relating to real estate law.

This book considers the process of legal modernization in Russia from the development of the mechanism of complaints addressed to the authorities from the pre-revolutionary period to today. It analyzes wide-ranging data and sources, collected over 17 years, such as legislation, in-depth interviews, archival materials, original texts, and examples of different methods of complaints in Soviet and contemporary Russia. Being marginal to the legal system and almost invisible for researchers of legal development, the complaint mechanism has functioned as an extremely important way of restoring justice, available to the majority of people in Russia for centuries. It has survived several historical gaps and, in a sense, acts as a thread that stitches together different eras, coexisting with the establishment and modernization of legal institutions, compensating, accompanying, and sometimes substituting for them. The research covers a period of over 100 years, and shows how and why at major historical crossroads, Russia chooses between full-fledged legal modernization and saving the authoritarian social contract between the state and society. This book will be especially useful to scholars researching Soviet society and Post-Soviet transformations, socio-legal studies, and liberal legal reforms, but will also appeal to those working in the broader fields of Russian politics, the history of Soviet society and justice issues more generally.

This fast-paced action novel is set in a future where the world has been almost destroyed. Like the award-winning novel Freak the Mighty, this is Philbrick at his very best.
It's the story of an epileptic teenager nicknamed Spaz, who begins the heroic fight to bring human intelligence back to the planet. In a world where most people are plugged into brain-drain entertainment systems, Spaz is the rare human being who can see life as it really is. When he meets an old man called Ryter, he begins to learn about Earth and its past. With Ryter as his companion, Spaz sets off an unlikely quest to save his dying sister -- and in the process, perhaps the world.

Die in diesem Band zusammengefassten Beitrage behandeln einige zentrale Fragen des internationalen Zivilprozessrechts. Sie sind zum grossen Teil in den letzten 20 Jahren in Festschriften und juristischen Zeitschriften veroeffentlicht worden. Alle Beitrage sind uberarbeitet, aktualisiert, Literatur und Rechtsprechung sind auf den aktuellen Stand gebracht, zwischenzeitliche Gesetzesanderungen sind berucksichtigt worden.

The insolvency law is one of the core components of the comprehensive body of legislation that ensures the confidence of the legal community in a legal system. It regulates the conditions of widespread debtor liability and at the same time defines the framework within which creditors can expect their rights to be preserved through a reorganization and recapitalization of the indebted company. The actual effect of the insolvency law does not end at a country's borders. Insolvency proceedings are structured according to the right to have universally applicable validity. Joint legislation on cross-border insolvency proceedings is now in effect in the form of intrastate legislation in almost all member states of the European Union. This shared European legislation is impacting intrastate reform processes and influencing the insolvency legislation. Furthermore, the intrastate legislation is being influenced by the UNCITRAL-Model law. Academic debate is increasingly concerned with the convergence movement that has been triggered as a result. Practical applications require legal dogmatic clarification of the increasingly complex regulations of insolvency legislation, and information on structures and problems of foreign European and extra-European insolvency laws, as well as and in particular with regard to its interaction with German laws. The DZWIR publication series is a forum of these discussions. It is being published as a series of monographic examinations of fundamental questions on German, European and international insolvency legislation. As such, this series contributes to the legal dogmatic clarification of disputes as well as to the promotion of European integration of national insolvency legislation.

Freedom of information (FOI) is now an international phenomenon with over 100 countries from Albania to Zimbabwe enacting the right to know for their citizens. Since 2005, the UK’s Freedom of Information Act has opened up thousands of public bodies to unparalleled scrutiny and prompted further moves to transparency. Wherever the right to know is introduced, its success depends on the way it is implemented. In organisations worldwide, FOI only works because of those who oversee its operation on a day-to-day basis, promoting openness, processing requests and advising colleagues and the public. FOI is dependent on the FOI Officers. The Freedom of Information Officer’s Handbook is a comprehensive guide to FOI and its management. It is designed to be an indispensable tool for FOI Officers and their colleagues. It includes: a guide to the UK’s FOI Act, the right to know and the exemptions clear analysis of the most important case law and its implications for the handling of FOI requests pointers to the best resources to help FOI officers in their work explanations of how FOI interacts with other legislation, including detailed explorations of the Environmental Information Regulations 2004 and how the EU’s General Data Protection Regulation impacts on FOI a look at requirements to proactively publish information and the effect of copyright and re-use laws on FOI and open data comparisons of the UK’s Act with FOI legislation in other jurisdictions from Scotland to South Africa an exploration of the role of the FOI Officer: who they are, what they do, their career development and what makes them effective suggestions on how to embed FOI within an organisation using effective procedures, technology and training a stage-by-stage guide to processing requests for information. The Freedom of Information Officers’ Handbook includes the latest developments in FOI including amendments made to the UK’s FOI Act by the Data Protection Act 2018 and the revised s.45 code of practice published by the Cabinet Office in July 2018.

The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.