Annual of German and European Law
Annual of German and European Law

Author: Russell A. Miller

Publisher: Berghahn Books

Published: 2007-02

Total Pages: 572

ISBN-13: 9781845452681

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German law has been of long-standing interest and increasing relevance around the world, but access for researchers and practitioners very frequently was limited by the necessity of German language proficiency. Offering English-language access to these fields, the Annual of German & European Law is a significant contribution to the global discourse on and study of German, European and Comparative law. Each volume presents: (1) articles - original, cutting-edge scholarship from the fields of German and European law; (2) jurisdictional reports - comments on the latest caselaw from Germany's most significant courts and the case-law of the European courts having importance for Germany; (3) book reviews - surveying the most compelling recent literature (whether in the German or English language) in the fields of German and European law; and (4) translations - exclusive English-language versions of significant primary sources of German law, including statutes and court opinions). The first volumes of the Annual of German & European Law have attracted contributions from some of the most preeminent commentators, scholars and jurists in the fields, including, among others: Luke Nottage (Volume I); Juliet Lodge (Volume I); Alexander Somek (Volume I): Susanne Baer (Volume I): Renate Jaeger (Volume II): Günter Frankenberg (Volume II): Bootjan Zupanãiã (Volume II): Nigel Foster (Volume II) The third volume maintains this tradition of high quality, peer-reviewed scholarship with contributions expected from Gertrude Lübbe-Wolff (Justice, German Federal Constitutional Court) and Christian Joerges (European University Institute).

Collected Courses of the Xiamen Academy of International Law, Volume 2 (2009)
Collected Courses of the Xiamen Academy of International Law, Volume 2 (2009)

Author: The Xiamen Academy of International Law

Publisher: BRILL

Published: 2009-11-23

Total Pages: 488

ISBN-13: 900418158X

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The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Second Volume of the Series contains the following articles: Aspects de la question des sources du droit international Yves Daudet The Paradigms of Universalism and Particularism in the Age of Globalisation: Western Perspectives on the Premises and Finality of International Law Armin von Bogdandy and Sergio Dellavalle Legal Aspects of Electronic Commerce: Rules of Evidence, Contract Formation and Online Performance Jose Angelo Estrella Faria The Elusive Pro-Arbitration Priority in Contemporary Court Scrutiny of Arbitral Awards Tibor Várady The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law – persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.

Northern Europe and the Future of the EU
Northern Europe and the Future of the EU

Author: Helge Hoibraaten

Publisher: BWV Verlag

Published: 2012-01-01

Total Pages: 236

ISBN-13: 3830527047

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HauptbeschreibungThe current relationship between the Nordic countries and the European Union appears complex and confusing. Although Denmark, in 1973, and Sweden and Finland, in 1995, joined the European Union, the entry of Norway into the Union was rejected in the plebiscites of 1972 and 1994. Furthermore, Nordic EU members enjoy permanent exceptions to their integration into the EU: Denmark and Sweden, like the U.K., have declined to become part of the monetary union. Finland is essentially the only Nordic country that entered the EU without substantial exceptions. A membership bid from Iceland was unthinkable; after the fi nancial crisis - which is not the topic of this book - Iceland applied for membership in 2010 and has been in discussions with the European Commission ever since. In other words: the European Union divides Nordic societies, which has resulted in a series of national exceptions to the integration process. Taken together, these exceptions have created an integration process whose overall geometry is contradictory and paradoxical. Considering this melange, this book will discuss the actual state of Nordic integration into the EU from many different perspectives and illuminate future developments in the fi eld of integration. Where is the North relative to Europe today? How can the geometry of Northern Europe's integration, developed over a long time, be characterised? What are the challenges that threaten further development of Nordic-European relationships?

Traditions and Change in European Administrative Law
Traditions and Change in European Administrative Law

Author: Roberto Caranta

Publisher: Apollo Books

Published: 2011

Total Pages: 356

ISBN-13: 9789089520715

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The background to this collection of paper is formed by the changes in contremporary society. In modern-day western societies it is the thought that individualism trumps collectivisim. There is change from the paradigm of hierarchy to a paradigm of cooperation. This effects administrative law, which is traditionallly top-down, but is slowly accepting and incorporating mechanism of negotiation and bottom up involvement of stakeholders and concerned individuals. The contributors to his volume investigate, these changes in administrative law and provide an assessment as to whether and to what extent they are reflected in the way judicial review of governmental action is shaped. The analysis covers the EU and a number of EU jurisdictions (France, Germany, United Kingdom, the Netherland, Italy and Romania.) representing different administrative law traditions and being differently responsive to change. To provide an outside comparision, the US administrative system is also covered. Book jacket.

The Law of Business Organizations
The Law of Business Organizations

Author: Martin Schulz

Publisher: Springer Science & Business Media

Published: 2012-01-05

Total Pages: 214

ISBN-13: 364217793X

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This book gives a concise introduction to the German law of business organizations and is meant to help business practitioners and international students to familiarize themselves with its key concepts and legal issues. After outlining some characteristic features of the German legal system the book describes the various types of German business organizations with a special focus on the German Limited Liability Company (GmbH) and the German Stock Corporation (AG). The book discusses some typical problems faced by companies engaged in cross-border activities and also provides a brief outline of some recent developments in European company law with a special focus on the new multinational corporate form of the European Company (SE).

Progress in International Law
Progress in International Law

Author: Miller

Publisher: BRILL

Published: 2008-06-30

Total Pages: 944

ISBN-13: 9047433165

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Progress in International Law is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book Progress in International Organization, Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. Progress in International Law critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.

Dangerous People
Dangerous People

Author: Bernadette McSherry

Publisher: Routledge

Published: 2011-11-28

Total Pages: 407

ISBN-13: 1136664157

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Experienced legal academics and mental health professionals explore the current approaches to “dangerousness” and preventive detention. The defining characteristics of those deemed dangerous by society vary according to culture, place, and time, and the contributors to this text have gathered to analyze the policies and practices related to current out-groups such as sex offenders, suspected terrorists, and young offenders in the United States, Scotland, England, and Australia. Dangerous People is the result of their research, workshopping, and writing. The text is organized logically and begins with a section on Parameters that explores the international human rights and legal limitations related to preventive detention schemes. It moves on to Policy, where contributors examine legislative policy, and Prediction, or risk assessment, especially in terms of violent crimes in youth. The section on Practice focuses on recent schemes to prevent re-offending. This text is indispensible as a resource that deals with the practical issues surrounding preventive detention and supervision schemes, the assessment of the risk of future harm in offenders, and different programs and sentencing options for high-risk offenders with mental illnesses. It contains case examples that bring real-life issues to light and sets forth an agenda to provide effective ways to protect communities from harm.

The Constitutional Foundations of European Contract Law
The Constitutional Foundations of European Contract Law

Author: Kathleen Gutman

Publisher: OUP Oxford

Published: 2014-12-18

Total Pages: 677

ISBN-13: 0191025488

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Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.

Counter-Terrorism and International Law
Counter-Terrorism and International Law

Author: Katja L.H. Samuel

Publisher: Routledge

Published: 2017-03-02

Total Pages: 638

ISBN-13: 1351948164

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The articles and essays in this volume consider the problem of international terrorism from an international legal perspective. The articles address a range of issues starting with the dilemma of how to reach agreement on what constitutes terrorism and how to encapsulate this in a legitimate definition. The essays move on to examine the varied responses to terrorism by states and international organisations. These responses range from the suppression conventions of the Cold War, which were directed at criminalising and punishing various manifestations of terrorism, to more coercive, executive-led responses. Finally, the articles consider the role of the Security Council in developing legal regimes to combat terrorism, for example by the use of targeted sanctions, or by general legislative measures. An evaluation of the contribution of the sum of these measures to the goals of peace and security as embodied in the UN Charter is central to this collection.