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Books > Law
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world’s leading scholars. Designed
to be accessible yet rigorous, they offer concise and lucid surveys
of the substantive and policy issues associated with discrete
subject areas. This Advanced Introduction sets out the difficulty
of defining religion itself and the subsequent impact this has on
creating laws which regulate and protect it. Taking a global
comparative approach, Frank S. Ravitch guides the reader in how
this unique interaction plays out in differing legal systems
including in the U.S., Europe, and Asia. Providing further context
by contrasting specific case studies, the book provides a rounded
and coherent exploration of the complexities of law in relation to
religion. Key Features: Addresses the many issues surrounding
religious exceptions to general laws Considers the extent of
separation between government and religion, and the role of courts
in deciding religious questions Looks at the ways in which law may
govern discrimination by government or by private entities, based
on religion or religious concerns Explores the multifaceted
interactions between religion and law in many areas, including
human rights; public schooling; health and property; tax
exemptions; and clergy abuse This foundational book offers a
platform for researchers and students in the fields of law,
political science, ethics, and religious studies. It also provides
valuable insight for lawyers, judges and legislators with a focus
on law and religion. .
The Achmea judgment revolutionised intra-EU investment protection
by declaring intra-EU bilateral investment treaties (intra-EU BITs)
incompatible with EU law. This incisive book investigates whether
intra-EU foreign investments benefit from this alteration, which
discontinued the parallel applicability of intra-EU BITs and EU law
in the EU internal market. Analysing the level of protection
offered to four identified types of investments, Dominik Moskvan
argues that certain investors will find more favourable substantive
protection under the framework of EU law as opposed to intra-EU
BITs. However, he also highlights the loss of investment safeguards
significant to more complex investments when relying exclusively on
EU law. Furthermore, since the analysis reveals important
differences in the approaches of EU Member States' judiciaries, the
book proposes the creation of a permanent intra-EU foreign
investment court to ensure a balanced economic development of the
EU internal market. This book's discussion of the impact of the EU
legal framework on investors' decisions will be beneficial for both
EU and national policymakers when challenged with forming
recommendations aimed at improving intra-EU investment policy. The
comparative legal analysis from an investor perspective will also
be of interest to scholars in EU and international investment law,
as well as to lawyers advising foreign investors.
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