The Jurisprudence of the International Criminal Court
Book | 1st edition 2014 | Raphael Kamuli
Scrutinizing all the relevant case-law of the ICC, this book elucidates the paradigm that the ICC’s jurisprudence represents in international criminal justice. It presents in-depth knowledge of how contemporary international criminal justice preserves, departs from or extends the principles that have developed since the Nuremberg Trials. The author explains how the ICC affirms that the most serious crimes of international concern must not go unpunished.
Book | 1st edition 2014 | United Kingdom | Martha M. Roggenkamp, Martha Roggenkamp, Henrik Bjornebye
This 10th European Energy Law Report includes chapters on the following topics: “EU Energy Law: Case Law and Infrastructure Developments”, “Internal Gas Market Developments – Security and Safety of Supply” and “Greening EU Energy Markets – Promoting and Trading Renewables”.
After thirteen years of discussion, the Anti-Monopoly Law of the People’s Republic of China was promulgated on 30 August 2007 and entered into force in August 2008. This book investigates to what extent competition goals may influence merger policy by taking a comparative perspective. To address this central research question, this book focuses on four major issues; the legislative history of the Anti-Monopoly Law and merger policy; the evolution of the debate on competition goals in the US and the EU; the evolution of incorporating the efficiency goal into merger policy; and the question whether competition goals may have an impact on the analysis of merger cases.
This book proposes a novel way to assess pain and suffering damages. It is based on specialised scientific information regarding the impact of injuries and investigates the positive legal and economic implications that would result from its implementation compared to current approaches.
Book | 1st edition 2014 | Katharina Boele-Woelki, Nina Dethloff, Werner Gephart
This volume focuses on comparative and international family law in Europe in their respective cultural contexts. The interventions address the new Principles of European Family Law regarding Property Relations between Spouses, the proposed EU private international law regulations for spouses and registered partners for international couples and their property relations, the laws of a growing number of countries which legislate non-formalized relationships and the new developments regarding social, biological and legal parentage.
The value of rehabilitation and the management of high risk offenders
Book | 1st edition 2014 | United Kingdom | Piet van Kempen, Warren Young
The need to prevent convicted prisoners and other offenders from reoffending constitutes a major challenge for both criminal justice and penitentiary systems. This volume therefore first of all focuses on the value of restoring offenders to a useful life from the perspective of prisoners, their family, society, the tax-payer, prison staff and administration and victims, as well as from a criminological viewpoint.
This book about the Mondragon cooperatives in the Spanish Basque Country is a critical reflection on the origin and further development of one of the most highly-praised cooperative enterprises in the world.
The Interface between Patents and Human Rights. Does one size fit all?
Book | 1st edition 2014 | United Kingdom | Jennifer Sellin
Millions of people worldwide lack adequate access to medicines, particularly in developing countries. This book focuses on one aspect of access to medicines: the affordability of essential medicines, and its connection to human rights and patents.
The Quest for Uniformity in International Sales Law
Book | 1st edition 2014 | United Kingdom | Peter Mazzacano
This book explores the international jurisprudence on Article 79 of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), which is, perhaps, one of its most contentious provisions. The author’s premise is that Article 79—which concerns exemptions for contractual non-performance due to an “impediment” beyond a party’s control—should be interpreted autonomously, that is, as an international norm, without reference to domestic legal concepts and principles. To this end, he considers the application of Article 79 by courts and arbitral tribunals across a number of signatory states.
The criminalisation of forced marriage in Dutch, English and international criminal law
Book | 1st edition 2014 | Iris Haenen
Forced marriages take place all over the world, both in times of peace and in times of conflict. This book provides a comparative perspective on the criminalisation of forced marriage, focusing on the question of whether, and, if so how, the practice of forced marriage should be criminalised under Dutch and international law.
The optional matrimonial property regime of the community of accrued gains was created to address legal difficulties that may arise from marriages between persons of different nationalities or persons not living in their country of origin. It is the result of a treaty between France and Germany and entered into force in 2013.
Comparative-Historical Essays on Developments in Civil Law
Book | 1st edition 2014 | Europe | Michaël Milo, Jan Lokin, Jan M. Smits
200 years ago many civil law jurisdictions adhered to exclusive national codifications of private law, and abandoned the old Ius Commune. In our contemporary days the shades of national law slowly melt away, and we imagine a future where new common laws will continue to take shape.
Military Cross-Border Computer Network Operations under International Law (paperback)
Book | 1st edition 2014 | World | Johann-Christoph Woltag
This book identifies rules and limits of cross-border computer network operations for which States bear the international responsibility during both peace and war. It consequently addresses questions on jus ad bellum and jus in bello in addition to State responsibility.
Comparative Essays on Appeals and other Means of Recourse against Judicial Decisions in Civil Matters
Book | 1st edition 2014 | United Kingdom | Alan Uzelac, C.H. van Rhee
Public confidence in the justice system depends on the belief that decisions made in the judicial processes are reasonably correct and accurate. This book focuses on the systems of appellate control of court judgments. The editors explore the relationship between the different approaches to appeals in national civil justice systems and their impact on the overall efficiency and effectiveness of the legal protection of individual rights.
Book | 1st edition 2014 | Europe | Miroslawa Myszke-Nowakowska
This book responds to the current intriguing questions concerning the impact of the choice of law rules on the free movement of companies by analyzing the most recent ECJ decisions, EU legislature and doctrine in that field. It addresses vigorous discussions and a multitude of legal issues concerning European Company Law, Comparative Law as well as Private International Law in a desirable way both for the legal practitioners and academics.
Book | 1st edition 2014 | United Kingdom | Matteo Solinas
This is a book on comparative law and legal change. With a focus on corporate law and the law of personal property, it reviews the current state of the comparative debate on the evolution of law and seeks to establish new perspectives to explain the mechanism of legal reception.
A Review from the Perspective of University-Industry R&D Cooperation
Book | 1st edition 2014 | Europe | Mario Cisneros
State funding constitutes an important tool to promote innovation by creating links between industry, universities and R&D institutions. In this context, the development of a legal framework that promotes an efficient use of State aid in R&D cooperation represents an important challenge for the EU.
Book | 2nd edition 2014 | Europe | Norbert Reich, Hans-Wolfgang Micklitz, Peter Rott, Klaus Tonner
In recent years, EU consumer law has been subject to spectacular decisions by the European Court of Justice, with important consequences for the private law of Member States. Currently, it is under scrutiny by the EC Commission, which has just published a proposal for the revision of important aspects of the EU consumer law acquis. The authors have taken a broad horizontal approach at the European acquis, thereby reflecting on the history, the achievements and also the shortcomings of EC law.