Book | 1st edition 2013 | United Kingdom | Carlos Esplugues, Silvia Barona Vilar
This book analyses in depth the various ADR devices present in relevant countries, such as Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, Singapore, South Korea, Thailand, the Philippines, and the USA.
A Comprehensive Study of the Systems of Parliamentary Immunity in the United Kingdom, France, and the Netherlands in a European Context
Book | 1st edition 2013 | United Kingdom | Sascha Hardt
Is it necessary and just that parliamentarians are immune from legal action? If so, to what extent is such immunity justified and which purpose does it serve? These questions touch the very core of constitutional law. This book contains a comprehensive study of parliamentary immunity in the United Kingdom, France and the Netherlands.
Book | 1st edition 2013 | World | The The Siracusa Intl. Institute
Those keen to promote accountability in conflicts around the world are increasingly relying on fact finding bodies to provide necessary documentation which will ensure that those responsible for human rights abuses are brought to justice. The ‘Guidelines’, developed from inputs by more than 80 experts, provide a thorough and welcome framework to ensure clarity and consistency throughout the processes of creating, investigating, reporting and follow-up for these various bodies.
This book offers a unique overview of the main legal systems of administrative sanctions with thorough analyses of the administrative law sanctioning systems in 13 Member States and the European Union. The focus is on both remedial and deterrent sanctions in administrative law.
Book | 1st edition 2013 | Europe | Alejandro Saiz Arnaiz, Carina Alcoberro Llivina
‘National constitutional identity’ has become the new ‘buzz word’ in European constitutionalism over the past few years. Much has been written about the concept. This collection brings together a series of contributions from the perspective of both scholars and judges in order to shed some light over the dark corners of constitutional identity. To this end a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts.
Book | 1st edition 2013 | United Kingdom | Jing Liu
This book focuses on the damage to private natural resources which have an ecological value in excess of their market value and the damage to public natural resources. Its aim is to design a compensation system, taking into account the interaction between regulation, liability rules and compensation mechanisms, to both prevent and compensate for ecological damage.
Book | 1st edition 2013 | Europe | Katharina Boele-Woelki, Frédérique Ferrand, Cristina González Beilfuss, Maarit Jänterä-Jareborg, Nigel Lowe, Dieter Martiny, Walter Pintens
This book contains the Principles of European Family Law regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions.
The energy and climate change challenge is one of the greatest tests which the EU and its Member States are facing. The need to deliver the triple objectives of the EU’s energy policy, namely a competitive, secure and sustainable energy supply, is stronger than ever. This book analyses whether the current EU regulatory framework for energy law and policy suffices to address the triple objectives of the EU’s energy policy, or by contrast, whether changes to that framework are needed.
Book | 1st edition 2013 | World | Eveline Ramaekers
This study provides an overview of the existing acquis communautaire in property law, and presents a proposal for the future development of this field of law. It deals with the influence of the EU’s four freedoms on national property law and discusses whether or not the EU would have the competence to actively create property law, and the extent to which it has already done so.
Book | 1st edition 2013 | United Kingdom | Marianne Roth, Michael Geistlinger
This book comprises 25 up-to-date contributions by 34 renowned scholars and practitioners from 13 countries all over the world. It contains inter alia an analysis of the relationship between the increase in trade and the creation of dispute resolution institutions in MERCOSUL/R, an examination of mass procedures in investment arbitration, and a call for reasoned decisions regarding arbitrator challenges.
Book | 1st edition 2013 | United Kingdom | Shen Wei
The New York Convention is regarded as one of the most successful treaties in the past fifty-five years in the field of transnational business law, more specifically, international commercial arbitration. Its simplicity and brevity in wording but complexity and diversity in application have triggered endless discussions, debates and writings. Rethinking the New York Convention – A Law and Economics Approach for the first time offers a unique jurisprudence-oriented analysis by applying two major analytic approaches, namely, Darwinian legal theory and game theory.
Book | 1st edition 2013 | Europe | Johannes Keiler
With the coming into force of the Treaty of Lisbon the competences of the European Union in the realm of criminal law have greatly expanded. The Union, in a multitude of legislative instruments, requires its Member States to criminalize a big variety of harmful conducts. Although the Union frequently refers to conduct, attempt and participation in its legislation, it fails to determine what these concepts should denote to. This book fills this lacuna by establishing what actus reus and rules on participation should look like in European criminal law.
Book | 1st edition 2013 | World | Permanent Bureau of the HccH
Since joining the Hague Conference on Private International Law in 1978, Hans van Loon has been at the forefront of private international law for well over a quarter of a century. This Liber Amicorum is a collection of contributions from friends and colleagues.
The famous "Kadi" cases have generated a wealth of articles dealing with the legal problems involved in EU implementation of UN Security Council sanctions. Less attention has been devoted to the numerous legal problems involved in the EU’s own “autonomous” sanctions system. The subject is nevertheless topical since there is a growing use of sanctions and the legal basis for sanctions has been changed with the Lisbon treaty. The essays in this book, written by distinguished scholars in their respective fields, deal with some of these issues.
Book | 1st edition 2013 | World | Anne-Marie de Brouwer, Charlotte Ku, Renée Römkens, Larissa Van Den Herik
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.
Book | 1st edition 2012 | United Kingdom | Patricia Popelier, Armen Mazmanyan, Werner Vandenbruwaene
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.
