Book | 1st edition 2012 | World | Richard Sannerholm
This book provides a critical analysis of past and current rule of law promotion, and argues that despite past experiences of development and technical assistance, rule of law reform in war-torn and crisis societies operates in an autonomous field where best practices and lessons learned are rarely or only superficially acknowledged. The author provides a comparative and systematic overview of how rule of law promotion has been put into effect and identifies challenges and opportunities for enhancing and strengthening norms, ideologies and methods for legal and judicial reform after war and crisis.
Book | 1st edition 2012 | Europe | Frederic Eggermont
This book answers two questions: what is the relationship between the European Council and the other EU institutions and what are the various roles of the European Council in the EU decision-making process?
Book | 1st edition 2012 | Europe | Hans-Wolfgang Micklitz, Bruno de Witte
Recently the ECJ has been criticized by leading politicians, national judges and legal academics for unduly extending the scope of EU law and overstepping its own jurisdiction, to the detriment of the reserved competences or (more broadly) the political autonomy of the member states. This volume seeks to address this question from a scholarly perspective, by collecting and confronting the views of leading specialists of EU law examining the ECJ’s recent role.
The Legal Status of Relationships in a Changing Society
Book | 1st edition 2012 | Europe | Caroline Sörgjerd
In Reconstructing Marriage - The Legal Status of Relationships in a Changing Society Caroline Sörgjerd explores the essence of the institution of marriage: what is the meaning of marriage today, how has marriage been influenced by the legal recognition of new cohabitation models and what should be the role of the institution of marriage in the future?
Optimizing Enforcement in Case of Environmental Violations
Book | 1st edition 2012 | Europe | Katarina Svatikova
This book examines the question why – from an economic perspective – society should enforce certain violations through criminal law, while others through private or administrative law.
This book deals with the endeavor of national and supranational legislators to develop more attractive corporate legal forms and investment frameworks. It focuses on some recent national corporate law reforms, the newly introduced European legal form Societas Europaea and the choice of law in corporate debt securities.
Book | 1st edition 2012 | Europe | Lotte Meurkens, Emily Nordin
In their search for better ways to enforce private and public legal rules, prevent damage, and compensate victims of grave wrongdoing, European legal scholars and policy makers show an increased interest in this particular private law remedy. The twenty-two authors of this book reflect on the pros and cons, applicability, aims and limitations of punitive damages in terms of different legal themes.
A comparative and historical perspective on hate speech law in the Netherlands and England & Wales
Book | 1st edition 2011 | World | Marloes van Noorloos
Criminal law on hate speech has become a hotly debated topic in the past decade. How to deal with hate speech in an increasingly pluralist society has become a pressing question. This comparative study deals with how ideas behind the law on hate speech and extreme speech in the Netherlands and England and Wales – including the influence of European and international law – have developed since 2001 and how this can be explained by reference to their historical origins.
Prevention of terrorism and compliance with fundamental legal rights and principles of law - the Dutch antiterrorism legislation
Book | 1st edition 2011 | World | Karin Veegens
Since the 9/11 attacks combating terrorism has gained top priority within Dutch politics. This book discusses the scope of the preventive-oriented Dutch anti-terrorism legislation and its impact on fundamental legal rights and principles of law as enshrined in the European Convention on Human Rights. It analyses criminal liability for terrorist offences and discuses in particular the level of suspicion that is required to apply state powers to prevent acts of terrorism in light of the relevant fundamental legal rights.
Book | 1st edition 2011 | Europe | Bram Delvaux, Michaël Hunt, Kim Talus
This third volume of EU Energy Law and Policy Issues presents an overview of some of the most recent developments taking place in the EU energy sector at a time when the Third Energy Package is likely to be or has been implemented in the EU Member States. In this respect, the reader will find a number of contributions which offer detailed and critical views on some of the main issues tackled by the Third Energy Package
Book | 2nd edition 2011 | Europe | Stefan Grundmann
Over the last decade, European company law has been re-written completely. Virtually no EU measure remained unchanged and most of them have undergone fundamental reform. This book discusses the EC/EU law first including all instruments through which it is transposed into the national law systems. However, where no EC/EU law exists, a comparative law discussion and policy aspects, namely law and economics, fill the gaps. The whole organism of (limited liability) company law is thus covered.
Book | 1st edition 2011 | World | Antenor Hallo de Wolf
Under the influence of globalization many countries have been compelled to privatize the provision of a number of State and public services. This trend has been met with skepticism from the human rights world. In this study, the privatization phenomenon is analyzed with the aim of establishing whether it can be reconciled with the human rights obligations of States..
An analysis of the European Court of Human Rights and the Court of Justice of the European Union
Book | 1st edition 2011 | World | Hanneke Senden
Fundamental rights provisions are known for their relatively vague and general formulation. As a result, judges dealing with these provisions are confronted with many and often controversial interpretative choices. These interpretative choices already present judges operating in a national context with difficulties, but that is even more so for European judges of the ECtHR and the CJEU. This volume analyses the use legal interpretation methods and principles in the fundamental rights case law of the ECtHR and the CJEU.
In this book, Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945 and the evolution of its purposes, principles and policies since then.
New insights from national social security law and international law
Book | 1st edition 2011 | Europe | Klaus Kapuy
How should a State treat an irregular migrant worker who is confronted with the realisation of a social risk such as becoming incapacitated for work due to a labour accident? Should he be treated like any other worker and qualify for income replacement benefits, medical benefits and labour-market reintegration measures? Or should he be denied these benefits? This book addresses these questions and sets out proposals on how irregular migrant workers should be treated in national social security law.
Book | 1st edition 2011 | Europe | Tineke Dijkhoff
Within the European Union, social security basically remains a national field of competence. The lack of common norms has paved the way for a large disparity in social protection between EU Member States, which is not conducive to the European single market. Moreover, it may lead to an increase in poverty and social exclusion and intensify economic competition between Member States. At the same time, almost all EU Member States are bound by one or more international social security instruments developed by the ILO and by the Council of Europe. This book analyses the international standards, followed by the case studies of the Czech Republic and Estonia.
A Contemporary Disability Human Rights Approach Applied to Danish, Swedish and EU Law and Policy
Book | 1st edition 2011 | Europe | Maria Ventegodt Liisberg
Based on an analysis of the newly-adopted UN Convention on the Rights of Persons with Disabilities and present-day interpretations of international and European human rights instruments, this book seeks to define a contemporary disability human rights approach for the field of employment.
The International Criminal Tribunal for Rwanda December 2008
Book | 1st edition 2011 | World | André Klip, Göran Sluiter
This thirty second volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in December 2008. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.
Victim Participation in International Criminal Proceedings
Book | 1st edition 2011 | World | Brianne McGonigle Leyh
In early 2006, the Office of the High Commissioner for Human Rights called for more detailed research into the relevant international standards and national and international practices concerning the role of victims in criminal proceedings. In response to this call and the increased attention paid to victims at international criminal institutions, this study explores the role of victims in international criminal proceedings.
Book | 1st edition 2011 | United Kingdom | Martha M. Roggenkamp, Martha Roggenkamp, Ulf Hammer
The European Energy Law Report VIII presents an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 2010 European Energy Law Seminar.
