Download or read book The Blackwell Guide to the Philosophy of Law and Legal Theory written by Martin P. Golding and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory

Download or read book Freedom of Expression written by Ioanna Tourkochoriti and published by Cambridge University Press. This book was released on 2021-11-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparison of French and American approaches to freedom of expression, with reference to the historical, social and philosophical contexts.

Download or read book The Roots of International Law Les fondements du droit international written by and published by Martinus Nijhoff Publishers. This book was released on 2013-11-29 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.

Download or read book Mandating Identity written by Eniko Horvath and published by Kluwer Law International B.V.. This book was released on 2008-02-29 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original and insightful analysis, Enikő Horváth focuses on three processes of legal evolution in Europe that affect the meaning of membership and individual identity: • the increasing salience of supranational ‘culture’ and rights; • ‘kinship’ legislation privileging non-nationals with linguistic, cultural, and ethnic ties to a given state; and • the emergence of plural nationality as an acceptable (and even welcome) phenomenon. The author’s treatment is notable for its informed appreciation of both the content of relevant European and national laws and the ways in which these laws are embedded in particular social and political frameworks. In addition to extending the legal theory on citizenship and nationality, the analysis draws on sociology, social psychology, and political theory to anchor its insights and recommendations. After two in-depth chapters introducing the complexities of the subject matter, three distinct but interwoven chapters show how each of the three processes has unfolded in a given context, offer detailed explanations and suggestions as to why each development has occurred in the manner that it has, and discuss the legal, political, and sociological issues raised by the particular development. A comprehensive reference section with extensive lists of laws, cases, and scholarship concludes the volume.

Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-30 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. This book offers a comprehensive study of secession from an international law perspective, focusing on practice and applicable rules of international law. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Core questions are addressed from different perspectives, and in some cases with divergent views. The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession.

Download or read book The Medieval Foundations of International Law written by Dante Fedele and published by BRILL. This book was released on 2021-04-26 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400).

Download or read book A Common Law for Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-01-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of a series on European Union Law, it provides a detailed overview of the development of a new European Common Law. The authors deal with the transposition of concepts and the problem of translation. Each chapter is accompanied by a bibliography in Italian as well as in English, French and German suggesting further reading in each area.

Download or read book The Constitutionalization of International Law written by Jan Klabbers and published by OUP Oxford. This book was released on 2009-10-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.

Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022-04-01 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

Download or read book Legal Personality in International Law written by Roland Portmann and published by Cambridge University Press. This book was released on 2010-08-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

Download or read book Money Law Capital and the Changing Identity of the European Union written by Gabriella Gimigliano and published by Bloomsbury Publishing. This book was released on 2022-09-08 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses 3 questions: is money a way to create a European Union identity? If so, which type of identity is this? And in what ways is the EU identity changing? The book brings together experts from a variety of backgrounds and academic approaches to analyse the law of money and payments on the one side, and the law of capital and investments on the other. The book is divided into 2 parts. Part I covers scriptural, electronic, and digital money. It analyses the European framework for payment services users, explores limits and challenges of the Banking Union, and looks at the project for a digital euro. Part II investigates the policy and regulatory drivers of the EU's changing identity, from the early modern roots of the European law of money and capital to the regulatory strategy set in the Capital Markets Union and the role conferred on venture capital; from the fintech-based developments of payment systems to the newly-established fiscal and monetary policies in the post-COVID phase. The book will be of interest to researchers, academics and policy makers in the fields of law and regulation, as well as political economy and political sciences.

Download or read book Aspects et sens du droit international priv written by Hague Academy of International Law and published by Martinus Nijhoff Publishers. This book was released on 1985-05-13 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Download or read book Law of the Sea From Grotius to the International Tribunal for the Law of the Sea written by Lilian del Castillo and published by Hotei Publishing. This book was released on 2015-01-27 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea: Liber Amicorum Judge Hugo Caminos honors the accomplished career path of a distinguished scholar, professor, diplomat and judge in the global field of the Law of the Sea. Judge Hugo Caminos was not only defined by his professional accomplishments, including his appointment as Deputy Director of the Office of the Special Representative of the Secretary-General of the United Nations for the Third United Nations Conference on the Law of the Sea, and his work as a Judge on the International Tribunal for the Law of the Sea. He is also remembered, with gratitude and admiration, as a person of unfaltering moral character and intellectual integrity. The essays collected in this volume are dedicated to his multifacetic life. Consistent with the honoree’s background, the accomplished contributors to this book address relevant issues of the law of the sea, dealt with in twelve parts, covering from historical perspectives to the UNCLOS, the law of the sea in polar regions, the Area, the particular issues of islands and archipelagic States, the freedom of navigation and its attached responsibilities, piracy and the latest awards on maritime delimitation, as well as recent practice of the International Tribunal on the Law of the Sea (ITLOS), dispute settlement procedures and some unsettled maritime disputes, from the respective author''s point of view. All those interested in the Law of the Sea will find a seminal new work in Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea: Liber Amicrocum Judge Hugo Caminos.

Download or read book Jewish Law and Early Christian Identity written by Yifat Monnickendam and published by Cambridge University Press. This book was released on 2020-01-09 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores marriage, sexual relations, and family law in late antique Christianity using the writings of Ephrem the Syrian.

Download or read book Alternative Methods of Judging Economic Conflicts in the National Positive and Soft Law written by Agnessa O. Inshakova and published by IAP. This book was released on 2020-03-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monograph explores general provisions, theoretical economic and legal bases and all practical tools for alternative methods of judging economic conflicts. The dynamics of modern business at the new stage of economic development in the 21st century is accompanied by the emergence of various kinds of economic conflicts between business entities, and this is the reason for the need to resolve them. Inclusion of a number of alternative methods in the Russian legislation and economic practice is very actual and occurs with the perception of the positive experience of foreign countries. These methods of judging economic conflicts penetrated the Russian business environment in the process of interaction between subjects of the Russian business community with foreign investors and businessmen. A new scientific result is the classification developed by the authors of methods for judging economic conflicts. Classification is based on the principle of dichotomy, based on the criterion of legislative fixation of methods for judging economic conflicts, and forms two "branches". The first branch - methods of judging economic conflicts, regulated by a positive law: mediation, arbitration court, international commercial arbitration, claim procedure. The second branch is non-jurisdictional methods, regulated by soft law: "med-arb", "mini court", judge "for hire", financial ombudsman, discussion. This classification predetermined the need for a consistent examination of the nature of each type of alternative methods of judging economic conflicts, based on its attribution to a specific group of jurisdictional and alternative mechanisms.

Download or read book Netherlands Yearbook of International Law 2014 written by Mónika Ambrus and published by Springer. This book was released on 2015-05-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the european Union. One of the key functions or purposes of international law (and law in general for that matter) is to provide long-term stability and legal certainty. Yet, international legal rules may also function as tools to deal with non-permanent or constantly changing issues and rather than stable, international law may have to be flexible or adaptive. Prima facie, one could think of two main types of temporary aspects relevant from the perspective of international law. First, the nature of the object addressed by international law or the ‘problem’ that international law aims to address may be inherently temporary (temporary objects). Second, a subject of international law may be created for a specific period of time, after the elapse of which this entity ceases to exist (temporary subjects). These types of temporariness raise several questions from the perspective of international law, which are hardly addressed from a more conceptual perspective. This volume of the Netherlands Yearbook of International Law aims to do exactly that by asking the question of how international law reacts to various types of temporary issues. Put differently, where does international law stand on the continuum of predictability and pragmatism when it comes to temporary issues or institutions?

Download or read book Rapports judiciaires revis s de la Province de Qu bec written by Michel Mathieu and published by . This book was released on 1896 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: