Law 583 results

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.

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.

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.

In recent years the European Convention on Human Rights gained unexpected relevance in the European constitutional culture. On the one hand its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights’ reputation vis-à-vis the Member States. On the other hand, and even more importantly, the ECHR’s significance arises from a changing perception of its constitutional potential. This volume examines the different facets of the ECHR’s constitutional relevance by separating the ECHR’s role as a ‘factor of Europeanisation’ for national constitutional systems from its role as a veritable European transnational constitution in the field of human rights.

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.

In any society some people pose a risk to others. For hundreds of years preventive detention has been authorised by governments to ensure people are available for criminal proceedings (e.g. remand), in the mental health area, for quarantine, for inebriates, enemy aliens and sexual predators. This book asks and answers some of the fundamental questions about these regimes.

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.

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.

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.