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"Holocaust Restitution compiles a group of essays from leading authorities and participants in the Holocaust restitution movement. This book gathers different voices from across the Holocaust restitution movement and does an ex post facto review of the litigation. Holocaust Restitution presents an up-to-date analysis of the Holocaust restitution movement and presents the drama of Holocaust restitution from the perspective of almost all the major players, including plaintiff counsel, defense counsel, judges, diplomats, administrators, corporate defendants, and Jewish representatives. It also includes outside viewpoints from respected commentators, including historians, academics, and Holocaust survivors. It is remarkably comprehensive, does not shy away from controversy, and thoughtfully reflects on the Holocaust and its implications for future international human rights adjudication."
--"Stanford Journal of International Law"

aHolocaust Restitution compiles a group of essays from leading authorities and participants in the Holocaust restitution movement. This book gathers different voices from across the Holocaust restitution movement and does an ex post facto review of the litigation. Holocaust Restitution presents an up-to-date analysis of the Holocaust restitution movement and presents the drama of Holocaust restitution from the perspective of almost all the major players, including plaintiff counsel, defense counsel, judges, diplomats, administrators, corporate defendants, and Jewish representatives. It also includes outside viewpoints from respected commentators, including historians, academics, and Holocaust survivors.It is remarkably comprehensive, does not shy away from controversy, and thoughtfully reflects on the Holocaust and its implications for future international human rights adjudication.a
--"Stanford Journal of International Law"

"Bazyler and Alford have produced an essential tool for understanding the righteous struggle to win restitution for Holocaust victims and their heirs."
--Richard Z. Chesnoff, author of "Pack of Thieves: How Hitler & Europe Plundered the Jews & Committed The Greatest Theft In History"

"This excellent volume makes a significant contribution both to legal studies and to the history of the Holocaust. The editors deserve special praise for including chapters by Holocaust survivors, assuring that their often-forgotten voices are not lost within the great debate about Holocaust restitution."
--Marilyn J. Harran, Stern Chair in Holocaust History, Chapman University

"An invaluable text for students and scholars as well as a fascinating read for all those concerned with Holocaust and genocide issues in all disciplines and on behalf of all victims."
--Israel W. Charny, President, International Association of Genocide Scholars

"This unique collection is important in bringing together the perspectives of legal practitioners, activists, archivists and historians, negotiators, and survivors. It is remarkably comprehensive. . . . The editors have not shied away from controversy."
--David Cesarani, Research Professor in History, Royal Holloway, University of London

"If there is a 'final frontier' in understanding the Holocaust, it is the assessment of international litigation, compensation, and reparations claims. This extraordinary group ofcontributions thoughtfully reflects on the Holocaust, past and present, as well as what many would call 'imperfect justice.'"
--Stephen Feinstein, Professor of History and Director, Center for Holocaust and Genocide Studies, University of Minnesota

"This collection of essays on Holocaust restitution litigation provides a wonderful overview of the subject. Bazyler and Alford have assembled the 'A list' and the result is a most authoritative and complete treatment."
--Professor William A. Schabas, Director, Irish Centre for Human Rights

Holocaust Restitution is the first volume to present the Holocaust restitution movement directly from the viewpoints of the various parties involved in the campaigns and settlements. Now that the Holocaust restitution claims are closed, this work enjoys the benefits of hindsight to provide a definitive assessment of the movement.

From lawyers and state department officials to survivors and heads of key institutes involved in the negotiations, the volume brings together the central players in the Holocaust restitution movement, both pro and con. The volume examines the claims against European banks and against Germany and Austria relating to forced labor, insurance claims, and looted art claims. It considers their significance, their legacy, and the moral issues involved in seeking and receiving restitution.

Contributors: Roland Bank, Michael Berenbaum, Lee Boyd, Thomas Buergenthal, Monica S. Dugot, Stuart E. Eizenstat, Eric Freedman and Richard Weisberg, Si Frumkin, Peter Hayes, Kai Henning, Roman Kent, Lawrence Kill and Linda Gerstel, Edward R. Korman, Otto Graf Lambsdorff, David A. Lash and Mitchell A. Kamin, Hannah Lessing and FiorentinaAzizi, Burt Neuborne, Owen C. Pell, Morris Ratner and Caryn Becker, Shimon Samuels, E. Randol Schoenberg, William Z. Slany, Howard N. Spiegler, Deborah Sturman, Robert A. Swift, Gideon Taylor, Lothar Ulsamer, Melvyn I. Weiss, Roger M. Witten, Sidney Zabludoff, and Arie Zuckerman.

Decisive rejection by French and Dutch voters in 2005 forced the EU to abandon the Constitutional Treaty agreed the previous year. Yet by the end of the 2007, contrary to all expectations and after an intergovernmental conference essentially devoid of substantive negotiation, EU leaders had agreed and signed the Treaty of Lisbon containing the bulk of the Constitutional Treaty's substantive reforms. How did this latest treaty come about? Why did events move so quickly in 2007? Who were the key actors and what methods did they use to enable a treaty to be drawn up and agreed in such a short period of time? This book explores the unique process that saw EU leaders hastily agree a lengthy and detailed mandate for the intergovernmental conference. In doings so, it highlights the pivotal roles played by the German Council Presidency and key institutional actors in paving the way for and securing agreement among EU leaders on the new treaty.

This volume scrutinises the main challenges faced by States in their current international economic relations from an interdisciplinary perspective. It combines legal research with political and economic analysis and favours dialogue among scientific disciplines. Readers are offered a series of in-depth studies on a rich variety of topics: how to reconcile States' interest to benefit from economic liberalization with their need to pursue social goals (such as the protection of human rights or of the environment); recent developments under WTO law and regional integration processes; international cooperation in the energy sector; national regulatory developments in the banking sector, sovereign wealth funds and investor-State arbitration.

As the centenary of the Treaty of Versailles approaches, this book presents the pre-1914 precursors to the interwar naval arms treaties arising from the peace of 1919, providing a fresh perspective on arms control efforts through an interdisciplinary approach. Interweaving historical investigation with legal analysis, Scott Keefer traces the British role in the development of naval arms control, outlining the pragmatic Foreign Office approaches towards international law. By emphasizing what was possible within the existing legal system rather than attempting to create radically powerful international institutions, statesmen crafted treaties to exploit the unique pace of naval construction. Utilizing previously-overlooked archival resources, this book investigates how the great powers exploited treaties as elements of national security strategies. The result is a fuller analysis of the Hague Peace Conferences, Anglo-German discussions, and lesser known regional agreements from the American Great Lakes to South America, and a richer exploration of pre-1914 diplomacy, providing insights into how a past generation perceived questions of war and defence.

One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated 'civilising mission' of the contract, a notion which itself constitutes the canon of the Western liberal principle of 'civilised economy'. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law's development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.

This volume provides an in-depth discussion on the central question - how can people express and survive dissent and disagreement in confined habitats in space? The discussion is an important one because it could be that the systems of inter-dependence required to survive in space are so strong that dissent becomes impossible. John Locke originally said that people have a right to use revolution to overthrow a despotic regime. But if revolution causes violence and damage that causes depressurisation with the risk of killing many people, is it even permissible to have a revolution? How then are people to express their liberty or dissatisfaction with their rulers? The emergence of structures of dissent and disagreement is an essential part of the construction of a framework of liberty in space (revolution is just the extreme example) and thus the topic deserves in-depth and immediate attention. Even today, the way in which we assemble organisations and corporations for the government and private exploration of space must take into account the need for mechanisms to allow people to express dissent.

In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law.

Export controls definitively impact international cooperation in outer space. Civil and commercial space actors that engage in international endeavors must comply with space technology export controls. In the general discourse, members of the civil and commercial space community have an understanding of their domestic export control regime. However, a careful reading of the literature on space technology export controls reveals that certain questions relevant to international engagements have not been identified or answered.
What is the legal-political origin of space technology export controls? How do they relate to the current international legal structure? What steps can be taken to evolve our current unilateral paradigm of space technology within the context of peaceful exploration and use of outer space? In this book, these and other relevant questions on space technology export controls are identified and assessed through an insightful case-study of the U.S. commercial communication export control regime. The findings of this case-study are used in an international legal-political analysis of international space law, public international law, and international cooperation. Breaking new ground in international legal theory, a self-justified security dilemma that is manifest in international law is identified and explained as the origin for the current paradigm of space technology export controls. "

This book develops John Rawls's theory of justice by adding reality-based analyses. This is accomplished by answering the question of who makes rules and how, and by providing new answers to three of today's most practical and critical issues. The question of who and how makes rules is discussed first; and group orientation instead of individualism, and a balance of negotiating power instead of a veil of ignorance are presented as new answers to this question. Based on this new understanding of rulemaking, three important practical rules are subsequently discussed: the rule of distribution of land and other natural resources, including the question of natural talent or who should bear the costs of children's education; the rule of distribution of products; and what motives support our acts of kindness. These rules are all dealt with from a shared perspective, viewing society as a single integrated construct. Equal distribution of land, not private but public payment of education fees, strengthening employees' bargaining power, and moving toward nobility-based kindness are put forward as central answers. By addressing critical questions on social rules and proposing answers, this book provides reliable principles to fall back on in our daily lives, and in our rapidly changing, globalized world.

This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.

With issues such as immigration and globalization triggering social and legislative adjustments in all major legal systems, labor and employment law is particularly susceptible to change. In this special issue of the "Comparative Law Yearbook of International Business", practitioners who are specialized in labor and employment law provide reports on developments in national systems such as Australia, Canada, Chile, the Czech Republic, France, Germany, Greece, Japan, and New Zealand and examine selected issues in the Czech Republic (termination of employment), Latvia (transfer of undertakings), the United States (ranging from sexual harassment in the work place and the ability of partners and share holders to sue employers to employee dress code), and Ukraine (hiring and dismissal procedures).

This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.

The linkages between WTO rules governing trade and energy security with a certain degree of focus on India are the main subject of this book. The edited volume brings together the views of academics, policymakers and experts with extensive experience covering WTO and international trade issues. The issues examined include mapping the linkages between trade and energy security in the WTO agreements, case law, accession and Doha negotiations; assessing the issues that could be raised by energy deficit or energy surplus countries at the WTO; analyzing the provisions of the ECT and NAFTA vis-a-vis the Indian policy framework and examining the trade regimes of selected OPEC members and other major suppliers of fossil fuels to India. While the Indian perspective is evident in the contributions, this book will also be of interest to an international audience, as trade, the WTO and energy security are global concerns and of relevance to all practitioners and academics working on these issues."

The Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.

This book offers guidelines for the upcoming discussions on reform, representing an attempt to work out conceptions for a better international competition order on the basis of the scientific approach 'law and economics'. It presents the dominant concepts of competition policy as a basis for an international competition order and formulates a synthesis. The result is a new neo-ordoliberal approach. Anti-dumping-measures are analysed of the effects on international competition and resource allocation, and alternatives and improvements are suggested. From national forms of competition policy a synthesis of international competition policies are derived. Currently reforms of the international competition order are heavily discussed and here a selection of the most important suggestions are presented, compared, and evaluated. Finally, this book offers strategies that might serve as second-best solutions, and though they may not be optimal for competition policy, they are politically feasible and an improvement on the current competition regulations. They would be a back-up in case the WTO competition regulations aren't realizable.

Pervasive environmental harm that disproportionately impacts vulnerable members of society is left largely unregulated across the globe despite existing legal commitments to human rights and environmental protection in many states. To address this shortcoming, Stefan Theil proposes a new normative framework for environmental protection through human rights law. In clear and accessible prose, he demonstrates how such a human rights-based approach can strengthen environmental protection without requiring radical departures from established protection regimes and legal principles. The environmental minimum developed in the book translates the general and abstract commitments of states into specific and practical measures that protect the environment. The framework develops the doctrine of international, regional, and domestic courts, analysed through an innovative approach that improves contextual awareness. This book is thus a valuable resource for lawyers, social scientists, political theorists, environmental and human rights advocates.

This volume explores how international organizations became involved in the making of global development policy, and looks at the driving forces and dynamics behind that process, critically assessing the consequences their policies have had around the world.

There is a fundamental reason, the authors of this text contend, why national financial systems falter and collapse: the failure of central banks and other supervisory authorities to deal promptly and decisively with insolvent banks. In "Preventing Financial Chaos" Ramsey and Head, both well-known to the international banking community for their restructuring services in developing and transitional economies, take a no-nonsense attitude and show exactly how to usher a problem bank out of the financial system in any country. Their clearly defined rules and procedures build disciplined, competent action that activates political will and successfully curtails systemic chaos.

This volume contains papers presented in a workshop of international experts in September 2008 in Berlin. The experts discussed how environmental consequences of EU legislation can be incorporated in a more effective way. In other words, this contribution focuses on the question of which measures can strengthen the cons- eration of environmental effects in the EU impact assessment procedure and in the subsequent legislative decision-making process. This allows drawing conclusions for the impact assessment process in Germany. This volume begins with an introductory paper (Bizer/Lechner/Fuhr) which served as the basis for discussion in our workshop. The questions raised in this paper are addressed by the authors of the subsequent chapters. Stephen White (DG Environment, EU-Commission) discusses the impact assessment from an int- nal perspective within the Commission. Pendo Maro (European Environmental Bureau) reviews the impact assessment practice from the perspective of an en- ronmental NGO. Martin Schmidt et al. discuss the potential for more formalism to strengthen environmental issues within impact assessments and favour a checklist."

"This book offers a well-argued and insightful critical assessment of the shortcomings of international trade and competition rules in tackling interventionist State measures in the context of an economic crisis. Dawar offers an evidence-rich account of the challenges that State protectionism creates for international trade liberalisation and for the protection of competition in international markets. Her insights will be particularly interesting in the context of current events leading to another surge of State economic interventionism, both for academics and for policy-makers with an interest in international trade." Dr Albert Sanchez-Graells, University of Bristol Law School "This book bursts the bubble of the self-congratulatory attitude that existing institutions, which were set up to discipline governments from a race to the bottom on economic policy, worked well after the financial crisis. These institutions may have prevented tariff wars, a big achievement compared to the time of the Great Depression. But they went along with the subsidies and state aid that governments put in place after 2007. Such flexibility on economic policy is essential in turbulent times. But these institutions are undermined if flexibility comes with a race to the bottom that shifts money away from policies for the more marginalized sections of society. At a time when the left behinds are changing the political landscape of the world, Kamala's book debunks the myth of the success of existing institutions in containing the economic fallout of the global financial crisis. It gives a sobering warning of what might unfold when institutions deal with economic challenges by turning a blind eye to their own rules for checking unfair competition." Dr Swati Dhingra, Senior Lecturer at the Department of Economics, London School of Economomics 'An impressive contribution to our understanding of the financial crisis. Dawar's reading of bailouts and buy national through the lens of competition law and government procurement law and policy is inspirational.' Professor Mary E Footer, University of Nottingham School of Law 'The diplomatic fiction that during the crisis years regional and global trade rules ensured a level commercial playing field is skewered by Dawar's trenchant legal analysis.' Professor Simon Evenett, University of St Gallen This book examines the international regulation of crises bailouts and buy national policies. It undertakes this research with specific reference to the crisis years 2008-2012. The book includes a comparative analysis of the regulation of public procurement and subsidies aid at both multilateral and regional levels, identifying the strengths and weakness in the WTO legal framework and selected regional trade agreements (RTAs). Ultimately, the aim of this work is to provide options for improving the consistency of these laws and the regulation of these markets. This is of immediate relevance for good economic governance, as well as for managing future systemic financial crises in the interests of citizens: as tax payers and consumers.

3 On 22 February 2002, Jonas Malheiro Savimbi, who led the UNITA rebel move- 4 ment during the bloody armed conflict in Angola and who had battled to take power by force since Angola's independence from Portugal in 1975, was killed in 5 a gun battle with the Angolan Army. During the Cold War, Savimbi was a proxy for the United States against the then-Marxist government of Angola. But after the end of the Cold War, he lost international support for rejecting peace efforts. He was accused of perpetuating a bloody internal conflict to advance his own interests 6 and was exposed to international sanctions. Meanwhile, the government of Presi- 7 dent Jose Eduardo dos Santos moved closer to the United States. The 27-year-long armed conflict is believed to have killed approximately one million people and driven four million others from their homes, creating a humani- 8 tarian crisis. In addition, the conflict destroyed almost all of the country's inf- structure, and effectively disrupted every effort by the government to start the long desired national reconstruction after independence, and the building of prosperity for the nation's children. Savimbi was viewed as the primary obstacle to peace, personifying the 'corrupt- 9 ing influence of ambition, mineral wealth, and the grinding brutality of war'. His 3. 'UNITA' is the Portuguese acronym for 'National Union for the Total Independence of Angola' (Uniao Nacional para a Independencia Total de Angola). It was founded in 1966 by the late Mr Jonas Savimbi."

The law of international trade raises questions of great intellectual depth. In Principles of Law Relating to International Trade, the author draws from his practical and teaching experience to give a comprehensive introduction to the key areas of law that apply in international business. For the benefit of readers unfamiliar with the English legal system and the many associated branches of English civil law, the book includes a brief introduction to, among other topics, constitutional, criminal, and employment law. The branches of law directly related to international trade, such as contract, insurance, competition, carriage of goods, and sale of goods, are concisely covered in the main text. Case studies and examples are used to clarify the issues for the non-specialist, making international trade law accessible to those taking professional examinations in this field, as well as business executives. The extensive use of footnotes and inclusion of case commentaries bring into clearer focus the many facets of this complicated subject and would be of benefit to the international trade law specialist.

This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. It describes and evaluates the development of contemporary peace processes and the peace agreements that emerge. The book sets out what is in essence an anatomy of peace agreement practice and interrogates its relationship to law. At its heart the book grapples with the role of law in ending violent conflict and the broader questions this raises for the relationship of law to social change. Law potentially plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in its regulatory guise. International Law regulates self-determination, transitional justice, and the role of third parties. The book documants and analyses these two roles of law. In doing so, the book reveals a complex dynamic relationship between the peace agreement as a legal document and the role of international law in which international law and concepts of domestic constitutionalism are being re-shaped. The practice of negotiating peace agreements is argued to be producing a new law of the peacemaker-or lex pacificatoria that connects developments in international law with new forms of domestic constitutional law in a set of hybrid relationships. This law of the peacemaker potentially forms part of a broader 'law of peace' that moves beyond the traditional concept of law of peace as merely 'the rest of international law' once the laws of war are subtracted. The new lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements. The book proposes an ambivalent response to 'this new law' which connects to contemporary debates about the force of international law and its appropriate relationship with domestic constitutonalism.