Book | 2nd edition 2011 | Europe | Stefan Grundmann
Over the last decade, European company law has been re-written completely. Virtually no EU measure remained unchanged and most of them have undergone fundamental reform. This book discusses the EC/EU law first including all instruments through which it is transposed into the national law systems. However, where no EC/EU law exists, a comparative law discussion and policy aspects, namely law and economics, fill the gaps. The whole organism of (limited liability) company law is thus covered.
Book | 1st edition 2011 | World | Antenor Hallo de Wolf
Under the influence of globalization many countries have been compelled to privatize the provision of a number of State and public services. This trend has been met with skepticism from the human rights world. In this study, the privatization phenomenon is analyzed with the aim of establishing whether it can be reconciled with the human rights obligations of States..
Book | 1st edition 2011 | World | Michael Faure, Jan Smits, Jan M. Smits
To what extent can differences in economic development among countries be explained by differing law and institutions. This volume takes stock of this debate and offers an integrated approach that not only takes into account the insights of economics, but also of comparative law and empirics.
An analysis of the European Court of Human Rights and the Court of Justice of the European Union
Book | 1st edition 2011 | World | Hanneke Senden
Fundamental rights provisions are known for their relatively vague and general formulation. As a result, judges dealing with these provisions are confronted with many and often controversial interpretative choices. These interpretative choices already present judges operating in a national context with difficulties, but that is even more so for European judges of the ECtHR and the CJEU. This volume analyses the use legal interpretation methods and principles in the fundamental rights case law of the ECtHR and the CJEU.
In this book, Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945 and the evolution of its purposes, principles and policies since then.
New insights from national social security law and international law
Book | 1st edition 2011 | Europe | Klaus Kapuy
How should a State treat an irregular migrant worker who is confronted with the realisation of a social risk such as becoming incapacitated for work due to a labour accident? Should he be treated like any other worker and qualify for income replacement benefits, medical benefits and labour-market reintegration measures? Or should he be denied these benefits? This book addresses these questions and sets out proposals on how irregular migrant workers should be treated in national social security law.
Book | 1st edition 2011 | Europe | Tineke Dijkhoff
Within the European Union, social security basically remains a national field of competence. The lack of common norms has paved the way for a large disparity in social protection between EU Member States, which is not conducive to the European single market. Moreover, it may lead to an increase in poverty and social exclusion and intensify economic competition between Member States. At the same time, almost all EU Member States are bound by one or more international social security instruments developed by the ILO and by the Council of Europe. This book analyses the international standards, followed by the case studies of the Czech Republic and Estonia.
A Contemporary Disability Human Rights Approach Applied to Danish, Swedish and EU Law and Policy
Book | 1st edition 2011 | Europe | Maria Ventegodt Liisberg
Based on an analysis of the newly-adopted UN Convention on the Rights of Persons with Disabilities and present-day interpretations of international and European human rights instruments, this book seeks to define a contemporary disability human rights approach for the field of employment.
The International Criminal Tribunal for Rwanda December 2008
Book | 1st edition 2011 | World | André Klip, Göran Sluiter
This thirty second volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in December 2008. 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.
Victim Participation in International Criminal Proceedings
Book | 1st edition 2011 | World | Brianne McGonigle Leyh
In early 2006, the Office of the High Commissioner for Human Rights called for more detailed research into the relevant international standards and national and international practices concerning the role of victims in criminal proceedings. In response to this call and the increased attention paid to victims at international criminal institutions, this study explores the role of victims in international criminal proceedings.
Book | 1st edition 2011 | United Kingdom | Martha M. Roggenkamp, Martha Roggenkamp, Ulf Hammer
The European Energy Law Report VIII 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 2010 European Energy Law Seminar.
Improving the use of economic analysis in public policy and legislation
Book | 1st edition 2011 | Europe | Andrea Renda
The use of economics in public policy, in the form of ex ante Regulatory Impact Analysis (RIA), is strongly advocated by international organizations such as the OECD and the World Bank. In the US and the EU, hundreds of RIAs are produced every year to justify public intervention in the form of regulation. But reality shows that in many other countries the adoption and implementation of this tool has been patchy at best.
Book | 1st edition 2011 | United Kingdom | Jane Mair, Esin Örücü
This collection of comparative essays brings together reflections on a range of religions, including Islam, Judaism and Roman Catholicism, and seeks to discover the place which religion has or might have within family law.
A Comparative Study of the United States, Germany and the Netherlands
Book | 1st edition 2011 | United Kingdom | Anna Jasiak
Legislatures sometimes adopt laws that create a special legal regime for a particular case rather than general rules for an indefinite number of situations or persons. These ad hoc laws are controversial. The purpose of this first in-depth comparative study in the fields of constitutional law and legislative studies is to clarify the use and existence of ad hoc laws and to place them within a constitutional framework of the rule of law. It is a comparative study of the United States, Germany and the Netherlands.
The obligations of national administrative authorities in the case of incompatibility between national law and European law
Book | 1st edition 2011 | Europe | Maartje Verhoeven
National administrative authorities are obliged to leave provisions of national law unapplied when these are incompatible with EU law. Irrespective of their position and powers under national law, national administrative authorities are supposed to comply with this so-called ‘Costanzo obligation’ as established by the Court of Justice. This raises questions of both European Union law and national constitutional law, particularly with regard to the principle of legality.
Book | 1st edition 2011 | World | Yann Favier, Frédérique Ferrand
Dans le contexte de profondes mutations du droit des mineurs et de la création en France, d’un code de justice pénale des mineurs on peut s’interroger sur l’avenir de la justice des mineurs en tant qu’objet d’étude spécifique mais aussi en tant qu’objet tout court : que recouvre-t-elle ? En Europe, des réformes similaires ont été menées, avec des postulats et des résultats très variés: le présent ouvrage est l’occasion d’en débattre en laissant une large place aux apports étrangers.
Book | 1st edition 2011 | World | Katharina Boele-Woelki, Joanna K. Miles, Jens Scherpe
This book covers five areas of family property law in Europe: Matrimonial Property Law in Europe, Family Contracts – Issues of Autonomy, Protection of Older People in Law, Freedom of Testation and Protection of Family Members, and the Unification of Private International Law. These issues are discussed throughout the book, together addressing the broad question: what might be the future of family property law in Europe?
The International Criminal Tribunal for Rwanda 2007-2008
Book | 1st edition 2011 | World | André Klip, Göran Sluiter
This thirty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in the years 2007-2008.
Book | 1st edition 2011 | World | Iain Cameron, Malin Thunberg Schunke, Karin Påle-Bartes, Christoffer Wong, Petter Asp
This book describes and analyses the Swedish legal rules and practices regarding jurisdiction, mutual legal assistance in criminal matters, extradition and the EU arrest warrant. The Swedish law and practice in international criminal law is particularly significant for two main reasons. It is a system which is both logical and coherent. It displays a considerable Germanic theoretical influence, but its sophistication is tempered by pragmatism, designed to facilitate “user-friendliness”. Secondly, the Nordic countries, because of a common history, and shared language and cultural factors, have long had a very high and effective degree of cooperation in international criminal law matters.
