European and international law 361 results

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

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.

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..

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.

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.

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.

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.