Download or read book International Investment Law and Soft Law written by Andrea K. Bjorklund and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.

Download or read book The Legal Order written by Santi Romano and published by Routledge. This book was released on 2017-07-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.

Download or read book Self sufficiency of Law written by Mariano Croce and published by Springer Science & Business Media. This book was released on 2012-06-02 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the role of law and legal experts in the organisational dynamics of a population, demonstrating that law is a stable practice among those who (in virtue of the special knowledge they master) are called upon to select the ‘normative facts’ of a population, i.e. the interactional standards that are proclaimed as binding for the entire population by the publicly recognised legal experts (whose peremptory judgments can be only revised by peers). It proposes an integration of the recent research outcomes achieved in three different areas of study: legal positivism, legal institutionalism and legal pluralism and examines the notions of rule, coercion, institution, practice elaborated by significant theorists in the mentioned areas and illumine both their merits and flaws. Furthermore it advances a notion of law and a description of the legal field which are able to account for the nature of the legal filed as the cradle of the social order. new back cover copy: In an era characterized by a streaking global pluralism, the collapse of many state agencies, the emergence of multiple sources of law, and the rise of informal justice, the idea of a unitary and homogenous legal system seems old-fashioned. But philosophers, sociologists and anthropologists still hold many debates on the nature of law and its function, which is that law represents an institution that characterizes any orderly social context of human beings, and this book plunges into the center of those debates. Self-sufficiency of Law: A Critical-institutional Theory of Social Order investigates the role of law and legal experts in the organizational dynamics of a population. It demonstrates that law is a stable practice among those who are called upon to select the “normative facts” of a population, that is, the interactional standards that are proclaimed as binding for the entire population by the publicly recognized legal experts. To do this, the author proposes an integration of the recent research outcomes achieved in three different areas of study—legal positivism, legal institutionalism and legal pluralism. He examines the notions of rule, coercion, institution and practice elaborated on by significant theorists in these fields, highlighting both the merits and flaws and ultimately advancing a notion of law and a description of the legal field which are able to account for the nature of the legal field as the cradle of social order. This text covers key guidelines for empirical research and political activities in Western and non-Western countries.

Download or read book Comparative Property Law written by Michele Graziadei and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.

Download or read book Remedies against Immunity written by Valentina Volpe and published by Springer Nature. This book was released on 2021-04-08 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.

Download or read book The Government of Florence Under the Medici 1434 to 1494 written by Nicolai Rubinstein and published by . This book was released on 1997 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government of Florence Under the Medici 1434-1494 investigates the ways in which the Medici established and exercised their authority. Although de facto rulers of Florence, they wielded their power within the structure of the Florentine constitution and enjoyed no political rights and privileges denied to other prominent citizens. Nicolai Rubinstein examines the complex system of controls which the Medici gradually created to secure and increase their ascendancy, and throws fresh light on the personalities and groups supporting the Medici regime, as well as on the surviving republican opposition. In this second edition, Professor Rubinstein has taken account of the many important studies on fifteenth-century Florence, in particular on Lorenzo and his age, that have appeared since the publication of the first edition over thirty years ago. He has added an essay on the techniques by which a number of important administrative offices were subjected to electoral controls before and after the establishment of the Medici regime, and also added a brief account of the procedures of the council of Seventy of 1480, as well as a list of its members in 1489. The reorganization of the Archivio delle Tratte has necessitated the revision of every single reference to what is by far the largest group of sources on which this book is based. Reviews of the first edition: `The importance of the theme need not be laboured. Florence is the most interesting of all proto-democracies, the Medici among the most intriguing of all dynasties (especially before they became dynasts).' Times Literary Supplement `a fundamental contribution to Florentine history, which will be used as a source by historians for many years to come.' British Book News `an extremely important and useful book.' Philosophical Studies

Download or read book Rassegna di giurisprudenza sul Codice civile Disp sulla legge in gen Cod Libri I II III artt 1 1172 written by Italy and published by . This book was released on 1984 with total page 1302 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The History of Courts and Procedure in Medieval Canon Law written by Wilfried Hartmann and published by CUA Press. This book was released on 2016-09-09 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.

Download or read book The History of Medieval Canon Law in the Classical Period 1140 1234 written by Wilfried Hartmann and published by CUA Press. This book was released on 2008 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This latest volume in the ongoing History of Medieval Canon Law series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.

Download or read book Kadi on Trial written by Matej Avbelj and published by Routledge. This book was released on 2014-07-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The judgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive. The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, including legal theory, constitutional law, and international law. The book closes with an epilogue by Ernst-Ulrich Petersmann, who studies the role of the Kadi case in the methodology of international law and its contribution to the concept of global justice. The book brings together legal scholars from a range of fields, and discusses pressing topics such as the European Union’s objective of ‘the strict observance and the development of international law’, the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights.

Download or read book Criticism of the European Court of Human Rights written by Patricia Popelier and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.

Download or read book A Contrite Heart written by Abigail Firey and published by BRILL. This book was released on 2009 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between the middle of the eighth century and the late ninth century in western Europe, the course of legal history was shaped by interaction with religious ideas, especially with regard to the meaning of confession, suffering, and the balance of protections for an accused individual and the welfare of the community. This book traces those themes through a selection of Carolingian texts, such as archbishop Hincmar's legal analysis of a royal divorce, the decrees of church councils, the biography of a Saxon holy woman, anti-Judaic treatises, and Hrotswitha's dramatisation of the legend of Thaïs, in order to make audible the lively debates over the boundaries of clerical and lay authority, the nature and extent of permissible intervention in the spiritual condition of the empire's inhabitants, and distinctions between the private and public domains. This work thus reveals the profound relation between law and penitential ideologies promoted by the Carolingian imperial court.

Download or read book Canonical Collections of the Early Middle Ages ca 400 1140 written by Lotte Kéry and published by CUA Press. This book was released on 1999 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains a bibliographical survey of the chronological and systematic canonical collections in the Latin West from the beginnings of Christianity to Gratian's Decretum (ca. 1140). Dr. Kéry not only has compiled a catalogue of early medieval canonistic manuscripts, but has included valuable information about them. For each collection she has described its type and contents, the time and place of compilation, and, when, possible, its author. Full bibliographies have been provided for each collection, arranged in chronological order. Scholars will find her work particularly useful since she has also noted where scholars have differed and where their opinions may be found. Special attention has been paid to the numerous recensions of the collections. She has given a separate entry for important recensions and has lists of fragments and abbreviated forms of the collections.

Download or read book Studies on Vietnamese Language and Literature written by Nguyen Dinh Tham and published by Cornell University Press. This book was released on 2018-05-31 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains over 2,500 entries to guide students and scholars interested in the languages and literature of Vietnam. The books, monographs, and journal articles considered are those written in the Western languages (especially French and English). Meticulously researched and indexed, this bibliography is both the first of its kind and an invaluable reference tool.

Download or read book Machiavelli and the Renaissance written by Federico Chabod and published by Acls History E-Book Project. This book was released on 2008-11-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Penance in Medieval Europe 600 1200 written by Rob Meens and published by Cambridge University Press. This book was released on 2014-07-17 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: An up-to-date overview of the functions and contexts of penance in medieval Europe, revealing the latest research and interpretations.

Download or read book Conscience and Authority in the Medieval Church written by Alexander Murray and published by OUP Oxford. This book was released on 2015-07-02 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alexander Murray has long had an intellectual interest in the history of religion - struggling between his inbuilt anti-clericism and his pronounced monastic leanings. The five essays in Conscience and Authority in the Medieval Church take on this dialectic, addressing the difficult relationship between private conscience and public authority in the twelfth and thirteenth centuries. In any organization, political, military, commercial, or religious, the relationship of conscience and authority is always potentially fraught, and can create dilemmas both for those in authority and those without. This volume records how our European predecessors approached and dealt with the same dilemmas as we face in the modern world.