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 Italian Civil Code written by Italy and published by Oceana Publications. This book was released on 1978 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal Aspects of the European System of Central Banks written by Liber Amicorum and published by . This book was released on 2005 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book contains a collection of articles on the European Union and the European System of Central Banks (ESCB), the Eurosystem, monetary law, central bank independence and central bank statutes as well as on financial law. The authors are current or former members of the Legal Committee of the ESCB (LEGCO). This book commemorates ten years of work by the Working Group of Legal Experts of the European Monetary Institute and by the LEGCO. It is dedicated to Mr Paolo Zamboni Garavelli, former Head of the Legal Department at the Banca d'Italia and member of LEGCO, who died in 2004."--Editor.

Download or read book Discourse on the State of the Jews written by Simone Luzzatto and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-07-08 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1638, a small book of no more than 92 pages in octavo was published “appresso Gioanne Calleoni” under the title “Discourse on the State of the Jews and in particular those dwelling in the illustrious city of Venice.” It was dedicated to the Doge of Venice and his counsellors, who are labelled “lovers of Truth.” The author of the book was a certain Simone (Simḥa) Luzzatto, a native of Venice, where he lived and died, serving as rabbi for over fifty years during the course of the seventeenth century. Luzzatto’s political thesis is simple and, at the same time, temerarious, if not revolutionary: Venice can put an end to its political decline, he argues, by offering the Jews a monopoly on overseas commercial activity. This plan is highly recommendable because the Jews are “wellsuited for trade,” much more so than others (such as “foreigners,” for example). The rabbi opens his argument by recalling that trade and usury are the only occupations permitted to Jews. Within the confines of their historical situation, the Venetian Jews became particularly skilled at trade with partners from the Eastern Mediterranean countries. Luzzatto’s argument is that this talent could be put at the service of the Venetian government in order to maintain – or, more accurately, recover – its political importance as an intermediary between East and West. He was the first to define the role of the Jews on the basis of their economic and social functions, disregarding the classic categorisation of Judaism’s alleged privileged religious status in world history. Nonetheless, going beyond the socio-economic arguments of the book, it is essential to point out Luzzatto’s resort to sceptical strategies in order to plead in defence of the Venetian Jews. It is precisely his philosophical and political scepticism that makes Luzzatto’s texts so unique. This edition aims to grant access to his works and thought to English-speaking readers and scholars. By approaching his texts from this point of view, the editors hope to open a new path in research into Jewish culture and philosophy that will enable other scholars to develop new directions and new perspectives, stressing the interpenetration between Jews and the surrounding Christian and secular cultures.

Download or read book Report of the International Law Commission written by United Nations Publications and published by UN. This book was released on 2023-06-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the official report of the International Law Commission to the General Assembly on its seventy-third session dated 18 April-3 June and 4 July-5 August 2022.

Download or read book Cultural Heritage in the European Union written by Andrzej Jakubowski and published by BRILL. This book was released on 2019-05-15 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.

Download or read book Breaching the Bronze Wall written by Francisco Apellániz and published by Mediterranean Reconfigurations. This book was released on 2020 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Producing, handling and archiving evidence in Mediterranean societies -- 'Men like the Franks' : dealing with diversity in Medieval norms and courts -- Ottoman legal attitudes towards diversity.

Download or read book The Effects of Financial Crises on the Binding Force of Contracts Renegotiation Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

Download or read book The Rule of Law History Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

Download or read book Brokering Europe written by Antoine Vauchez and published by Cambridge University Press. This book was released on 2015-02-26 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new historical and sociological account for the broad definitional power of law in the European Union polity.

Download or read book The Evolution of National Water Regimes in Europe written by Stefan Kuks and published by Springer Science & Business Media. This book was released on 2004-11-30 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: All over the world countries struggle with water stress. Problems vary from water scarcity and a degrading water quality, to floods and a rising sea level due to climate change. The European Union adopted a Water Framework Directive to improve the sustainability of water management in its member states. Water management should be coordinated at the level of river basins as a whole. Interests of various user groups should be better represented. River basin visions should take into account the impact of all human activities on the status of the resource. Water legislation needs streamlining and more focus on its implementation. The European Union advocates regulating water prices by charging the costs of water services on the basis of full cost recovery and the polluter pays principle. This book examines the development of water management in the Netherlands, Belgium, France, Spain, Italy and Switzerland. It is based on the European research project EUWARENESS. The authors apply a theoretical framework for the analysis of institutional regimes, water governance and property rights. The evolution of national water resource regimes is described over a period of almost 200 years (1800-2000). The long-term perspective enables the reader to see the conditions under which regime transformation and paradigm change are made possible. The book also includes a critical analysis of policy making by the European Union, and a comparative review and analysis of regime development in the six countries involved. This book is followed by another volume published with Kluwer Academic Publishers on "Integrated Governance and Water Basin Management", edited by Hans Bressers and Stefan Kuks.

Download or read book Mafiacraft written by Deborah Puccio-Den and published by Hau. This book was released on 2022-01-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Mafia? What is the Mafia? Something you eat? Something you drink? I don't know the Mafia. I have never seen it." So said Mommo Piromalli, a 'Ndrangheta crime boss, to a journalist in the seventies. In Mafiacraft, Deborah Puccio-Den explores the Mafia's reliance on the force of silence, and undertakes a new form of ethnographic inquiry that focuses on the questions, rather than the answers. For Puccio-Den, the Mafia is not a stable social fact, but a cognitive event shaped by actions of silence. Rather than inquiring about what has previously been written or said, she explores the imaginative power of silence and how it gives consistency to special kinds of social ties that draw their strength from a state of indetermination. What methods might anthropologists use to investigate silence and to understand the life of the denied, the unspeakable, and the unspoken? How do they resist, fight, or capitulate to the strength of words, or to the force of law? In Mafiacraft, Puccio-Den's addresses these questions with a fascinating anthropology of silence that opens up new ground for the study of the world's most famous criminal organization.

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 French Contract Law Reform written by Sophie Stijns and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: The French Contract Law Reform: a Source of Inspiration? Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.

Download or read book Sacred Polities Natural Law and the Law of Nations in the 16th 17th Centuries written by Hans Willem Blom and published by History of European Political. This book was released on 2022 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Often considered a secularizing force in the rise of the nation state, natural law was called upon in the defence of the early-modern confessional states. The fourteen chapters of this volume show how religious and legal thought around natural and biblical law interacted and combined in the new Christian states of Lutheranism, Calvinism and Catholicism. The volume addresses also questions of political legitimacy, civic and ecclesiastical authority, societal stability, conceptions of common good, liberalism's value pluralism (and its pretence), toleration and the lingering humanist project of determining "who are we", issues that were then important as they are now. Contributors are: Dominique Bauer, Thomas Behme, Hans Blom, Jiří Chotaš, Alberto Clerici, Stefanie Ertz, Arthur Eyffinger, Heikki Haara, Mads Langballe Jensen, Adriana Luna-Fabritius, Denis Ramelet, József Simon, and Markus M. Totzeck"--

Download or read book The Future of Law and Economics written by Guido Calabresi and published by Yale University Press. This book was released on 2016-01-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

Download or read book The Science of Legislation written by Gaetano Filangieri and published by . This book was released on 1806 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: