Higher education 595 results

In this book, the authors analyse the ambiguity of the notion of security and its tendency to expand and affect simultaneously different fields of law. More specifically, they address the militarisation of the fight against terrorism, the distinction between administrative and penal sanctions, the limits of intelligence activities and the scope of criminalisation.

This fortieth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICC in 2008-2009.

This thirty-third volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in 2006-2007.

This edited volume will focus on developments in the prosecution of cases of sexual violence in (post-)conflict situations. The prosecution of those cases raises new and challenging questions as to how to build evidence, but also how to address victims’ concerns in that process. It will address innovations and challenges of empirical and other new kinds of social scientific, archival and medical data collection techniques; the development of evidence in relation to charges ranging from sexual violence as a war crime to genocide; and evidentiary and procedural differences and difficulties involved in prosecuting sexual victimization in domestic versus international courts.

This thirtieth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in 2006.

Constitutional review has not only expanded geographically; it has also expanded in its mission and function, acquiring new subject areas and new roles and responsibilities. In examining these new roles and responsibilities, this collection reflects on constitutional review as an aspect of constitutionalism framed in the context of multilevel governance.

This thirty-sixth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in 2009.

In the pursuit of justice, truth always plays a prominent role. In most legal systems, elaborate rules on the taking of evidence try to guarantee that an accurate, factual basis is used for the application of the law. Such rules are the core of most methods of adjudication and they are the main theme of the present volume, which focuses specifically on the rules of evidence within the context of efficiency in civil proceedings.

Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters prescribes a set of minimum common rules on mediation for all EU Member States with the exception of Denmark. This book studies in depth the current legal framework in every EU Member State as regards mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future.

Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ) and the European Court of Human Rights (ECtHR) address potential sex, race and religious discrimination in a similar manner or would the Courts take a different approach?

This book investigates whether one of the basic norms underlying contemporary labour law in the EU - standard work - has been subject to drastic changes. Standard work, usually defined as fulltime, permanent employment for a single employer, has traditionally been the most common form of work structure, and various legal obligations and protections are strongly associated with it. However, standard work seems to have increasingly come under attack in recent years.

This book deals with active ageing and labour law and is dedicated to professor Roger Blanpain at the occasion of his 80th anniversary.

Flexicurity has been a core concept in the EU’s employment debates as of 2006 and was codified into common principles of flexicurity in December 2007. This study explains the development and conclusion of the EU’s flexicurity concept.

This book examines the enforcement of occupational health and safety (OHS) regulation from the perspective of law and economics. It starts with an extensive survey of the economic literature on regulation and enforcement and subsequently provides an overview of the international legal framework for OHS enforcement..

In the past decades, the process of European integration has influenced all fields of law, and eventually also criminal law. European legislation now requires Member States to criminalize all sorts of harmful conduct but does not determine the full scope of criminal liability, omitting to define general principles of criminal law such as ‘intention’. This book aims to remedy this by establishing what mens rea and defences should look like in European criminal law.

This booklet contains the lecture given by Paul Jorion at the occasion of his acceptance of the chair “Stewardship of Finance” at the Vrije Universiteit Brussels.

Currently, there are many anti-American criticisms throughout the international legal community concerning the foreign relations policies of the United States, in particular, its position on the International Criminal Court. This book considers over 150 years of United States policies on international criminal tribunals and the prosecution of international crimes.

This book fills a gap in the literature on how the Convention for the Protection and Promotion of the Diversity of Cultural Expressions positions itself within the bigger field of public international law. Several studies have been undertaken regarding the relationship of this Convention with the trade regime. However, the drafting process of the Convention brought many more than only trade issues to the forefront, such as heritage law, human rights law, or development law issues. This book investigates to what extent the Convention has impact on these various fields of law and thus aims at clarifying the Convention’s contribution to the fragmentation of public international law.

Corruption currently receives an increasing amount of attention from scholars and practitioners in various disciplines, including law. While the phenomenon is as old as mankind, the last fifteen years saw the rise of many anti-corruption treaties, aimed at criminalisation, prevention and cooperation. At the same time, there seems to be relatively little work done on corruption in the field of human rights law or international criminal law. This book argues that these areas of law can certainly contribute to fighting corruption, by giving a human face to both victims and perpetrators.1

With regard to interpreting, the use of videoconference technology is now being widely considered as a potential solution for gaining cost-effective and timely access to qualified legal interpreters. This book addresses the many questions related to this technological mediation.