European and international law 303 results

In this book, the authors analyse the ambiguity of the notion of security and its tendency to expand and affect simultaneously different fields of law. More specifically, they address the militarisation of the fight against terrorism, the distinction between administrative and penal sanctions, the limits of intelligence activities and the scope of criminalisation.

This fortieth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICC in 2008-2009.

This thirty-third volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in 2006-2007.

This edited volume will focus on developments in the prosecution of cases of sexual violence in (post-)conflict situations. The prosecution of those cases raises new and challenging questions as to how to build evidence, but also how to address victims’ concerns in that process. It will address innovations and challenges of empirical and other new kinds of social scientific, archival and medical data collection techniques; the development of evidence in relation to charges ranging from sexual violence as a war crime to genocide; and evidentiary and procedural differences and difficulties involved in prosecuting sexual victimization in domestic versus international courts.

This thirtieth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in 2006.

This thirty-sixth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in 2009.

Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ) and the European Court of Human Rights (ECtHR) address potential sex, race and religious discrimination in a similar manner or would the Courts take a different approach?

This book examines the enforcement of occupational health and safety (OHS) regulation from the perspective of law and economics. It starts with an extensive survey of the economic literature on regulation and enforcement and subsequently provides an overview of the international legal framework for OHS enforcement..

In the past decades, the process of European integration has influenced all fields of law, and eventually also criminal law. European legislation now requires Member States to criminalize all sorts of harmful conduct but does not determine the full scope of criminal liability, omitting to define general principles of criminal law such as ‘intention’. This book aims to remedy this by establishing what mens rea and defences should look like in European criminal law.

This book fills a gap in the literature on how the Convention for the Protection and Promotion of the Diversity of Cultural Expressions positions itself within the bigger field of public international law. Several studies have been undertaken regarding the relationship of this Convention with the trade regime. However, the drafting process of the Convention brought many more than only trade issues to the forefront, such as heritage law, human rights law, or development law issues. This book investigates to what extent the Convention has impact on these various fields of law and thus aims at clarifying the Convention’s contribution to the fragmentation of public international law.

Corruption currently receives an increasing amount of attention from scholars and practitioners in various disciplines, including law. While the phenomenon is as old as mankind, the last fifteen years saw the rise of many anti-corruption treaties, aimed at criminalisation, prevention and cooperation. At the same time, there seems to be relatively little work done on corruption in the field of human rights law or international criminal law. This book argues that these areas of law can certainly contribute to fighting corruption, by giving a human face to both victims and perpetrators.1

It is now unquestionable that corruption has become an issue of international concern. A complex set of substantive and procedural rules has emerged concerning the prevention and repression of corruption, representing the international legal framework against corruption. This book traces tthe emergence of this framework and engages in a systematic analysis of its content, highlighting weaknesses and innovative aspects.1

This Yearbook consists of a review of the preceding year’s significant events, as well as policy and legal developments within the institutions of the European Union. It reviews major EU policy developments, studies and other publications, legislative proposals, and case law from the European Court of Justice and the European Court of Human Rights.

The position of non-EU migrants in social security is problematic. Many European states reduce access to social benefits for categories of migrants whose presence is not desired. At the same time the scope of application of the national systems is becoming more confined to the national borders, as, for example, countries take measures to reduce the exportability of benefits. These two trends of exclusion and retrenchment particularly affect irregular immigrants and persons moving between Europe and developing countries who are not protected by any bilateral social security agreements.

This twenty-ninth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the year 2006. 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.

This twenty-eight volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the year 2005-2006. 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.

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.

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.

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.