This book compares and explains how the key European Union and European Economic Area legal principles of consistent interpretation are applied and developed by national courts in 12 different European Union and European Free Trade Association Member States.
Book | 1st edition 2018 | Matthew Dyson, Benjamin Vogel
The Limits of Criminal Law explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law.
Book | 1st edition 2018 | Matthew Dyson, Benjamin Vogel
The Limits of Criminal Law explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law.
This book is a collection of peer reviewed contributions addressing various legal aspects of sustainable management of natural resources. Natural resources are in this book understood in broad terms encompassing biodiversity, water, air and soil, as well as raw materials.
Book | 1st edition 2018 | Europe, United Kingdom | Ran Tryggvadottir
European Libraries and the Internet: Copyright and Extended Collective Licences examines libraries' online use of in-copyright works from their collections and how such use is affected by copyright. In particular, the book examines whether the system of extended collective licences could facilitate online access without territorial limitations to in-copyright works in libraries, within Europe or more specifically within the European Economic Area (EEA).
The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe.
Essays in Law and Economics in honour of Roger Van den Bergh
Book | 1st edition 2018 | United Kingdom | Michael Faure, Louis Visscher, Wicher Schreuders
This Liber Amicorum brings together the contributions of 43 authors, in honour of Roger Van den Bergh. The contributions encompass many different topics, which reflects Roger's broad research interests. They are grouped together in four parts: Competition Law and Economics, Public Law and Economics, Private Law and Economics and Developments in Law and Economics. Many of the contributions contain links to Roger's work, as well as the authors' personal reflections on the importance of Roger for their work. This personal touch makes this Liber Amicorum, truly, a Friends Book for Roger.
This book provides a basis for discussion regarding all legal aspects concerning persons born with sex characteristics that do not belong strictly to male or female categories, or that belong to both at the same time. It contains contributions from medical, psychological and theological perspectives, as well as national legal perspectives from Germany, Australia, India, the Netherlands, Columbia, Sweden, France and the USA. It explores international human rights aspects of intersex legal recognition and also features chapters on private international law and legal history.
Applying EU Law of the National Courts' Own Motion
Book | 1st edition 2018 | Anthi Beka
The Active Role of Courts in Consumer Litigation traces the emergence of a specific EU Law doctrine governing the role of the national courts in proceedings involving consumers that whilst only established more recently, has already become an important benchmark for effective consumer protection.
This book is an in-depth study of the US and EU approaches towards consumer sales remedies that comprehensively discusses the three important elements of the organisation of consumer sales remedies: the hierarchy of remedies, the (extra)judicial application of remedies and notification duties.
Book | 1st edition 2018 | Lukasz Golota, Jiaxiang Hu, Kim Van Der Borght, Saisai Wang
Perspectives on Chinese Business and Law contributes to the debate and understanding on China by offering insights and perspectives from both Chinese and European scholars on themes related to business and economic affairs. The current foreign trade and business related legal framework of China are expressed along with certain historical and political analysis on China's development.
Book | 1st edition 2018 | United Kingdom | Carlos Esplugues
At the time of a paradigm change Foreign Investment, Strategic Assets and National Security is a timely analysis of the changing attitude towards foreign investment in major economies, namely the United States of America, the People's Republic of China, Australia, Canada, and Germany, France and the United Kingdom as representatives of the European Union.
Book | 1st edition 2018 | World | Paul De Hert, Stefaan Smis, Mathias Holvoet
Although rooted in a similar ideal, human rights (IHRL), international criminal law (ICL) and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested.
On the principle nullum crimen, nulla poena sine lege in EU law and under the ECHR
Book | 1st edition 2018 | Europe | Mikhel Timmerman
Through the establishment of EU criminal law, EU actors have come to influence the definition and interpretation of domestic crimes and penalties. Both the EU legislature and the CJEU define and interpret provisions of EU law with relevance for the determination of criminal liability and the prescription of applicable penalties in the law of the Member States. This influence on substantive criminal law raises questions about the limits to these legislative and interpretive activities, both at the EU level and at the level of the Member States.
Book | 1st edition 2018 | Gillian Douglas, Mervyn Murch, Victoria Stephens
Written in honour of the internationally renowned Professor Nigel Lowe, this book explores current issues in international family and child law and considers how the field might develop in the future.
Book | 1st edition 2018 | United Kingdom | Lina Kestemont
Legal scholarship is one of the oldest academic disciplines, and the study of law has been passed on from generation to generation as an implicit 'savoir faire'. It was presumed that all legal scholars understood the methodology of legal research, making its explicit clarification and justification unnecessary. Over the last decade, the lack of an explicit methodological tradition has become problematic due to the growing interdisciplinary collaboration at universities and the increased importance of external funding, often granted by mixed experts panels. It is therefore time for legal scholarship to make its implicit methodology explicit.
Book | 1st edition 2018 | Belgium | Niels Vandezande
This book focuses on the legal aspects of virtual currencies from the perspective of financial and economic law. It establishes a typology of virtual currencies and assesses whether they can be considered as money. The author analyzes whether the EU legal frameworks on electronic money, payment services, anti-money laundering, and markets in financial instruments can be applied to virtual currencies.
Book | 1st edition 2018 | United Kingdom | Elzbieta Kuzelewska, Amy Weatherburn, Dariusz Kloza
'Immigration has emerged as the defining issue of our times. [...] The challenge that the immigration issue poses to the future of European democracy is real. Immigration itself is a genuine challenge, but the fundamental challenge that immigration brings to the fore is a domestic one, it is about fundamentally different political visions that cut through the citizenry of Europe's nation states. With that, it becomes critically important how these nation-states, through their democratic institutions, tackle immigration. [...] we need both the scholarly analysis and reflection presented in this volume, and we need informed political innovation within and between Europe's nation-states.'
Book | 1st edition 2018 | United Kingdom | Lisa Heschl
In times of the proclaimed 'refugee crisis' this book aims to shed light on human rights and refugee law responsibilities of EU member states and other relevant actors when engaging in border control measures beyond the territory of the EU.
Book | 1st edition 2018 | United Kingdom | Jerzy Jendroska, Magdalena Bar
'Procedural Environmental Rights: Principle X in Theory and Practice' provides an overview of various aspects of the current status, development and practice of rights of access to information, public participation in decision-making and access to justice in environmental matters following their codification as non-binding principles in Principle X of the Rio Declaration.
