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This volume provides a historical and comparative study of how and by whom the estates of deceased persons are administered, drawing upon the legal traditions of Europe and beyond. The authors examine a representative sample of countries, and offer an overall assessment of the different systems of estate administration.
Drawing on original French, German, and English publications, Crime and Civilization explores the rise of data-based criminology as an intellectual field in continental Europe in the early nineteenth century, spanning from Enlightenment philosophers to the general rise of science in society.
On Theocratic Criminal Law explores the roots and structures of the criminal law system of the world's most prominent constitutional theocracy, the Islamic Republic of Iran. The book offers a critical analysis of the way criminal law functions as the centrepiece of this theocratic mode of political domination.
This 2-volume set on EU landmark cases discusses the most iconic judgments developed by the European Court of Justice since 1957.The European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Its 'landmark' decisions have often been controversial; yet no-one could deny that they have been crucial in 'constituting' the Union legal order as we find it today. From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Kadi, Landmark Cases in EU Law explores the most important and well-known cases in two volumes. Volume 2 introduces the 'substantive cases' that have shaped the Union's internal market and internal or external policies. Each case is placed in its historical and doctrinal context, and each chapter presents the history of its reception by the Court and academia.
This two-volume work on EU landmark cases discusses the most iconic judgments developed by the European Court of Justice since 1957.It considers the way in which The European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Its 'landmark' decisions have often been controversial yet no-one could deny that they have been crucial in 'constituting' the Union legal order as we find it today.From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Kadi, Landmark Cases in EU Law explores the most important and well-known cases in two volumes. Volume 1 explores the 'constitutional cases' that have come to define the legal nature and competences of the Union.
This covers mandatory minimum Level 1 training for officers and key ratings under Regulation V/1, paragraph 1.2 of STCW-95: safety and pollution-prevention, layouts of tankers, types of cargo, their hazards and handling equipment, and operational sequence and terminology.
Celebrating over 30 years as the market-leading series, Blackstone's Statutes have an unrivalled tradition of trust and quality. With a rock-solid reputation for accuracy, reliability, and authority, they remain first-choice for students and lecturers, providing a careful selection of up-to-date legislation for exams and course use.
Die Dissertation untersucht die Entwicklung des Verantwortungseigentums insbesondere anhand der Carl-Zeiss-Stiftung unter Ernst Abbe. Der Begriff des Verantwortungseigentums wird seit einigen Jahren in der rechtspolitischen Debatte zu alternativen Unternehmens- und Eigentumsformen diskutiert. Dabei wird die Einführung einer eigenen Gesellschaftsform gefordert. Die Dissertation widmet sich diesen Forderungen und den Entwicklungen des Verantwortungseigentums anhand der Carl-Zeiss-Stiftung und ihrer Stiftungsbetriebe Zeiss und Schott.Dort wurde bereits Ende des 19. Jahrhunderts eine Form dessen, was Jurist:innen heute unter Verantwortungseigentum verstehen, kautelar-juristisch eingeführt und geprägt. Ziel und Zweck der Arbeit war es, die Überschneidungen, Parallelen und Unterschiede der Rechtssubjekte zu untersuchen und der Frage auf den Grund zu gehen, ob das Verantwortungseigentum einer längeren Rechtstradition folgt oder eine rein zeitgenössische Idee ist.
This book offers a comprehensive study of Latin America's historical relationship with odious debt and explores how this history informs a global critique of economics and international law. Pressing questions on bankruptcy, loss and damage, reparations, and the pursuit of a global moral economy are discussed.
New Property In International Law examines how international law consistently falls short when it comes to new property regulation, owing to the lack of a clear definition of 'property' in international law. The book considers and categorises new property into three areas; cultural property, common property, and contingent property.
Bringing together a variety of perspectives in much-needed conversation, Natural Law: Five Views helps readers to understand the various approaches to "natural law" theory within the Christian and classical intellectual traditions.?
Written by two leading scholars, Tort Law combines detailed coverage of the legal principles, supported by hypothetical case scenarios and guided further reading, with analysis of the key academic debates, theories and literature which underpin the subject making it ideal for use by anyone studying tort law at undergraduate or postgraduate level.
The book explores the regulatory and institutional aspects of global governance of space cybersecurity.
While Palestinians continue to face the threat of expulsion from their homes, identifying legal mechanisms that can be used to assert Palestinian's property rights is needed more than ever. This book provides a legal analysis of the right to reparation of Palestinian refugees under international law for the destruction and expropriation of their property during the Nakba . Discussing the legal landscape related to property ownership prior to the creation of the State of Israel and the legal basis for the right to reparation under international law, Lena El-Malak advocates for a law-based approach to enforce this right and the form it should take. The book demonstrates how the legal rights of Palestinian refugees, specifically as related to their properties, have been marginalized and excluded from the political discourse of the "peace process". Here, the legal rights of Palestinian refugees are demonstrated, challenges for invoking these rights in international and domestic courts are determined, and forms of restitution and compensation outlined. This study offers a timely contribution to provide a comprehensive legal, as opposed to a political, economic or historical analysis, of the right to reparation of Palestinian refugees for their property losses. Additionally, the book seeks to demonstrate the importance of adopting a legal framework in any future negotiation for a peaceful resolution to this long standing struggles for liberation.
A fascinating examination of the case law of the Inter-American Court of Human Rights establishing its effectiveness when protecting indigenous territorial rights.
This collection examines theoretical and practical issues concerning the relationship between freedom of religion or belief and other fundamental rights, in the context of secular States, from the perspective of human dignity.
A comprehensive analysis of Thomas Hobbes's theory of justice that newly clarifies the logic behind the philosopher's moral, legal, political, and international thought.
Arbitrating Empire uncovers how ordinary people used arbitral claims commissions to challenge state violence across the United States Empire during the first decades of the twentieth century and why the State Department attempts to erase their efforts remade modern international law.
This open access book critically examines the policies and practices related to climate-related human mobility in Asia-Pacific and the legal and policy protection framework for climatically displaced migrants (CDMs) through an interdisciplinary human rights-based approach. While covering the policy and theoretical dimensions of mobility, it also evaluates the issue through empirical studies. The book illustrates how interdisciplinary rights-based approaches address and identify gaps in the protection framework for the region regarding dimensions of climate change displacement, migration, forced migration, susceptibility to climate change, and typology of climate change-induced displacement. Presenting multiple case scenarios, it recommends a legal mechanism based on human rights in a region brimming with variety and multiculturalism.Bringing together voices from the Asia-Pacific Academic Network on Disaster Displacement, the book examines issues that are immediately relevant in countries where they are living and working. In addition to academic perspective, the chapters also bring perspectives from positions held in national human rights institutions and government. They bring insight into lived experience and policy processes, seeking to avert, minimize, and address displacement, including through general disaster risk reduction and climate change adaptation initiatives, as well as specific initiatives around emergency preparedness for response and planned relocation and resettlement. The chapters examine diverse forms of human mobility, including displacement, planned relocation, and forced immobility. The combination of studies focusing on both sudden onset and slower onset movement is also distinctive. With a thorough understanding of the interdisciplinary rights-based approaches to the issue, students, researchers, policymakers, administrators, and all those engaged in studying these topics can quickly evaluate and appreciate how the rights of CDMs are protected on a national, regional, and international level in Asia-Pacific.
This open access book deals with the backsliding of the rule of law in Poland and Hungary as one of the main problems of the EU. What began as a national phenomenon has become a general threat for the EU because the respect for the rule of law is a prerequisite for all other values of the EU enshrined in Article 2 of the Treaty on European Union. Media coverage and scholarly publications on these developments mainly focus on backsliding governments and judicial decisions concerning the issue. This book aims to inform the debate by adding another perspective and providing a broader view. Drawing on a comprehensive collection of parliamentary debates, we explore how MPs in Poland, Hungary, but also the Czech Republic, Slovakia and Romania referred to the rule of law from 1990 to 2021 and how their narratives differed across parties, countries and time.
The EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.
This book addresses South Asian Muslim women's lived experiences, whilst questioning dominant concepts of agency. Collectively, this volume showcases Muslim's women's diverse identities and desires that may be sidelined in dominant concepts of agency.
This book provides a global perspective on the accommodation of diversity within constitutional traditions, considering the most innovative approaches and legal instruments of the Global North and Global South. The introduction of the concept "Law of Diversity" is proposed as a theoretical framework to grasp ongoing developments in the area.
This book develops an original theory of decision-making based on the concept of plausibility. The author advocates plausible reasoning as a general philosophical method and demonstrates how it can be applied to problems in argumentation theory, scientific theory choice, risk management, ethics, law, economics, and epistemology.
This edited collection discusses the rule of law in the Amazon and the capabilities of the region's sovereign states to police their territory considering security matters.
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