Book | 1st edition 2012 | World | Marco Loos, Ilse Samoy, Marco B.M. Loos
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.
Book | 1st edition 2012 | United Kingdom | Bea Cantillon, Herwig Verschueren, Paula Ploscar
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?
Book | 1st edition 2012 | United Kingdom | Martha M. Roggenkamp, Martha Roggenkamp, Olivia Woolley
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.
Book | 1st edition 2012 | United Kingdom | Marianne Roth, Michael Geistlinger
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.
Book | 1st edition 2012 | United Kingdom | Rebecca Probert, Chris Barton
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.
A Compendium of International and European Instruments
Book | 1st edition 2012 | Jan Wouters, Philip De Man
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.
Book | 1st edition 2012 | World | Edda Kristjansdottir, André Nollkaemper, Cedric Ryngaert
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.
Book | 1st edition 2012 | World | Richard Sannerholm
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.
Book | 1st edition 2012 | Europe | Frederic Eggermont
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?
Book | 1st edition 2012 | Europe | Hans-Wolfgang Micklitz, Bruno de Witte
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.
The Legal Status of Relationships in a Changing Society
Book | 1st edition 2012 | Europe | Caroline Sörgjerd
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?
Optimizing Enforcement in Case of Environmental Violations
Book | 1st edition 2012 | Europe | Katarina Svatikova
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.
Book | 1st edition 2012 | Europe | Lotte Meurkens, Emily Nordin
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.
Book | 1st edition 2011 | Europe | Bram Delvaux, Michaël Hunt, Kim Talus
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
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.
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.
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.