European and international law 363 results

363 results

  1. From Formal to Material Equality

    From Formal to Material Equality

    Comparative Perspectives from History, Plurality of Disciplines and Theory
    Book | 1st edition 2023 | World | Stefan Grundmann, Jan Thiessen
    This book concerns equality in personal status - absolute, anti-discrimination - and how formal protection was superseded by material, fuller protection. It discusses history - Latin America, then the French Revolution - and disciplines - philosophy, ethics, economics, sociology, systems theory - with their diverse views and moves into modern phenomena like digitalization.
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  2. Fundamental Rights Violations by Private Actors and the Procedure before the ECHR

    Fundamental Rights Violations by Private Actors and the Procedure before the ECHR

    A Study of Verticalised Cases
    Book | 1st edition 2022 | Europe | Claire Loven
    Article 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally 'horizontal' conflicts must be 'verticalised' in order to be admissible. Although such verticalised cases make up a large portion of the Court's case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention. To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court's approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one's surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court's current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.
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  3. Boundaries of Information Property

    Boundaries of Information Property

    Book | 1st edition 2022 | Europe | Christine Godt, Geertrui Van Overwalle, Lucie Guibault, Deryck Beyleveld
    This book is the result of a long-term comparative research project on intellectual property. It unearths the thought patterns which are culturally, morally and historically imprinted across Europe and questions the common narratives of the distinctiveness of private and public law, contracts and property, and morality and the law.
    €159.00 incl. VAT
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  4. Domestic Violence and Parental Child Abduction

    Domestic Violence and Parental Child Abduction

    The Protection of Abducting Mothers in Return Proceedings
    Book | 1st edition 2022 | World | Katarina Trimmings, Anatol Dutta, Costanza Honorati, Mirela Zupan
    This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-border circulation of protection measures.
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  5. Nationality and Statelessness in Europe

    Nationality and Statelessness in Europe

    European Law on Preventing and Solving Statelessness
    Book | 1st edition 2022 | Europe | Caia Vlieks
    Statelessness remains an issue of concern in Europe. Stateless persons often experience problems with accessing basic rights, despite the proclamation of human rights and a right to a nationality for all. Various attempts have been made to address the issue of statelessness, for instance through the adoption of the United Nations Statelessness Conventions, but also by European regional cooperation mechanisms. This book analyses and places into context the legal approaches that states have taken together in the context of the Council of Europe and the European Union to prevent and solve statelessness from a human rights perspective.
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  6. Legal Pluralism and Efficiency in Marriage Law

    Legal Pluralism and Efficiency in Marriage Law

    Book | 1st edition 2022 | Rorick Tovar Galvan
    This book presents a comprehensive framework through which to conceptualize marriage from a law and economics perspective. It shows the economic rationale behind substantive marriage law and proposes an efficient conflict of laws system that prioritizes predictability and congruency in the determination of the applicable law.
    €136.00 incl. VAT
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  7. The EU Regulations on Matrimonial Property and Property of Registered Partnerships

    The EU Regulations on Matrimonial Property and Property of Registered Partnerships

    Book | 1st edition 2022 | Lucia Ruggeri, Agne Limante, Neža Pogorelcnik Vogrinc
    This volume contributes to the literature on private international family law in Europe through the examination of two recent EU instruments: the Matrimonial Property Regulation and the Regulation on the Property Consequences of Registered Partnerships. The book presents the two regulations in a clear and comprehensive manner and analyses their implications for EU family law going forward.
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  8. Harmonisation of Transactions Avoidance Laws

    Harmonisation of Transactions Avoidance Laws

    Book | 1st edition 2022 | Reinhard Bork, Michael Veder
    This book focuses on the harmonisation of transactions avoidance laws in the EU. Based on national reports and input from 25 jurisdictions and employing a principle-based approach, it proposes a new Model Law which, in nine sections, provides for legal certainty as to which transactions should (or should not) be challengeable in all Member States under the same conditions.
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  9. Harmonisation in EU Environmental and Energy Law

    Harmonisation in EU Environmental and Energy Law

    Book | 1st edition 2022 | Bernard Vanheusden, Theodoros Iliopoulos, Anna Vanhellemont
    The book deals with topical issues in the ongoing process of harmonisation in the fields of environmental and energy law. Applying critical perspectives, the contributors address a broad array of issues ranging from more general concepts and processes of harmonisation to more specific applications with regard to the domains of environmental and energy law.
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  10. European Employment Law, 2nd edition

    European Employment Law, 2nd edition

    A Systematic Exposition
    Book | 2nd edition 2022 | Europe | Karl Riesenhuber
    This volume covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice.
    €212.00 incl. VAT
    Student price: €54.00
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  11. The Private Side of Transforming our World

    The Private Side of Transforming our World

    UN Sustainable Development Goals 2030 and the Role of Private International Law
    Book | 1st edition 2021 | Ralf Michaels, Veronica Ruiz Abou-Nigm, Hans van Loon
    Scholars from multiple countries and disciplines analyse the existing and potential contributions that private law and private international law can make towards each of the 17 United Nations Sustainable Development Goals (SDGs) 2030.
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  12. Treaty-Making in Federations

    Treaty-Making in Federations

    Democratic Legitimacy Tried and Tested in Matters of Taxation
    Book | 1st edition 2021 | World | Rik Smet
    This book deals with the subject of treaty making in federations. First, a theoretical framework is developed, addressing the question of which level(s) of government should possess treaty making power. Second, the current legal framework is analyzed from three perspectives: international, European and comparative domestic. Third, the theory developed is put to the practical test and an assessment is made regarding the making of tax treaties in the most peculiar federation in this regard, namely Belgium.
    €143.00 incl. VAT
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  13. Civil Enforcement in a Comparative Perspective

    Civil Enforcement in a Comparative Perspective

    A Public Management Challenge
    Book | 1st edition 2021 | Wendy Kennett
    Bailiffs play an important role in the enforcement of court orders. They are part of the state machinery for the transfer of assets from debtors to creditors and for evictions. This book investigates the surprising differences in bailiff regulation across Europe and questions how far governments take adequate responsibility for enforcement action.
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  14. Legal Systems of the Pacific

    Legal Systems of the Pacific

    Introducing Sixteen Gems
    Book | 1st edition 2021 | World | Jennifer Corrin, Tony Angelo
    With no new books written on these legal systems for nearly 30 years, this book fills a gap in the literature and offers a true 'insider' perspective with the majority of authors being indigenous or long-term residents of the countries in question.
    €113.00 incl. VAT
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