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.
Fundamental Aspects of Fact-finding and Evidence-taking in a Comparative Context
Book | 1st edition 2012 | United Kingdom | C.H. van Rhee, Alan Uzelac
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.
Book | 1st edition 2012 | Carlos Esplugues, José Luis Iglesias Buhigues, Guillermo Palao Moreno
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.
A Comparison of EU Law and the ECHR in the Field of Non-Discrimination and Freedom of Religion in Public Employment with an Emphasis on the Islamic He
Book | 1st edition 2012 | Europe | Sarah Haverkort-Speekenbrink
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?
Book | 1st edition 2012 | Europe | Laura Tilindyté
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.
Book | 1st edition 2012 | World | Toshiyuki Kono, Steven Van Uytsel
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
Book | 1st edition 2012 | United Kingdom | Sabine Braun, Judith L. Taylor
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.
States' obligations to prevent and repress corruption
Book | 1st edition 2012 | World | Julio Bacio Terracino
It is now unquestionable that corruption has become an issue of international concern. A complex set of substantive and procedural rules has emerged concerning the prevention and repression of corruption, representing the international legal framework against corruption. This book traces tthe emergence of this framework and engages in a systematic analysis of its content, highlighting weaknesses and innovative aspects.1
Book | 1st edition 2012 | Europe | Lisa Waddington, Gerard Quinn, Eilionoir Flynn
This Yearbook consists of a review of the preceding year’s significant events, as well as policy and legal developments within the institutions of the European Union. It reviews major EU policy developments, studies and other publications, legislative proposals, and case law from the European Court of Justice and the European Court of Human Rights.
The position of non-EU migrants in social security is problematic. Many European states reduce access to social benefits for categories of migrants whose presence is not desired. At the same time the scope of application of the national systems is becoming more confined to the national borders, as, for example, countries take measures to reduce the exportability of benefits. These two trends of exclusion and retrenchment particularly affect irregular immigrants and persons moving between Europe and developing countries who are not protected by any bilateral social security agreements.
The International Criminal Tribunal for the former Yugoslavia 2006
Book | 1st edition 2012 | World | André Klip, Göran Sluiter
This twenty-ninth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the year 2006. 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.
Book | 1st edition 2012 | United Kingdom | Maite San Giorgi
The right to equal access to health care is a fundamental principle that is part of the human right to health care. For victims of a violation of the human right to equal access to health care it is important that a judicial or quasi-judicial human rights body can adjudicate their complaints in this regard. This book analyses the justiciability of the human right to equal access to health care. It examines how cases concerning unequal access to health care would be dealt with by judicial and quasi-judicial human rights bodies and distils the elements that can be expected to play a role in the assessment of such cases.
The International Criminal Tribunal for the former Yugoslavia 2005-2006
Book | 1st edition 2012 | World | André Klip, Göran Sluiter
This twenty-eight volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the year 2005-2006. 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.
Human rights, criminal procedural law and penitentiary law, comparative law
Book | 1st edition 2012 | United Kingdom | Piet van Kempen, Piet Hein van Kempen
Although no adequately functioning criminal justice system can presently do entirely without detaining any suspects, pre-trial detention remains problematic in the context of human rights, the detainee’s family and society. This volume offers a wide variety of topics that are relevant to pre-trial detention: developments that affect the application of pre-trial detention; relevant international and national human rights standards as well as monitoring systems; pre-trial detention of specific groups, and alternatives to pre-trial detention.
Book | 1st edition 2012 | World | Marco Loos, Ilse Samoy, Marco B.M. Loos
Modern society is full of linked contracts: a plurality of separately concluded contracts that are somehow interrelated. However, contract law is still primarily centred on traditional contractual relations between (just) two parties. This book therefore explores the legal consequences of the existence of linked contracts. It thereby provides insights for practice and academia in this new phenomenon.
Book | 1st edition 2012 | United Kingdom | Bea Cantillon, Herwig Verschueren, Paula Ploscar
The interaction between legal instruments and policy coordination in the field of social inclusion and social protection constitutes the theme of this book. The contributions essentially inquire whether there is any interaction at all, or if the two realms of law and policy of the EU function in parallel. If there is any sort of interchange between the two, in what areas is it taking place, and what does it result into?
Book | 1st edition 2012 | United Kingdom | Martha M. Roggenkamp, Martha Roggenkamp, Olivia Woolley
The European Energy Law Report IX 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 24th European Energy Law Seminar in 2011.
