Law 587 results

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.

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?

As the title suggests, the scope of this volume moves beyond the death penalty. It reflects on punishment from a variety of angles and, additionally, gives some food for thought to the contemporary debate on crime and punishment.

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.

Arbitration is one of the most successful dispute resolution devices in the international arena, be it in the context of commercial disputes, investor-state conflicts, or sports controversies. This volumeI highlights inter alia emergency rules, costs, and expert evidence in international arbitration, deals with dissenting opinions in commercial arbitration, reflects the ICC's arbitration clause for trust disputes, focuses on substantive and procedural issues of investment disputes and analyses the problem of creeping expropriation in this context.

Stephen Cretney has long been regarded as the leading English scholar in the field of family law, as prolific as he is profound. Even if the essays in this book had not been written in his honour, they would inevitably have had to rely heavily on his work. Private ordering, marriage, civil partnership, cohabitation, children, separation, divorce – the entire spectrum of family law is covered here – have all benefited from his insightful comments and meticulous scholarship.

This book is a comprehensive and easily accessible compilation of the most important legal instruments that pertain to armed conflicts and security threats and which are of use and interest to practitioners and researchers working in the areas of international and European humanitarian and security law. It is the first compendium that methodically compiles all relevant instruments both at the international and the European level.

This book examines the fate and role of human rights before, during and in the aftermath of violent conflicts. It brings together both scholars and practitioners from different parts of the world and from different disciplines, including law, anthropology, history, conflict studies, development studies and international relations. The roles of international organisations, NGOs, governments, and corporations in realising human rights are discussed. The book thus reflects the ‘de-approach’ to human rights research that has been advocated and pioneered by Bas de Gaay Fortman: de-legalise, de-Westernise, and de-State-ise, together with his instance that human rights research should not just be about norms, but as much, if not more, about the economic, political, social, and cultural aspects of the distinct environments in which these rights have to be realised.

In late 2010, the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) entered into force. The present study addresses the question of determining state responsibility under the ICPPED, based on a framework that harmonises the protection afforded by this convention with the experiences of victims of enforced disappearance. The premise is that such an approach enhances the protection from this grave human rights violation.

This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements.

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.

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?

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.

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?

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.

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.

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.

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.

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