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Book
xv, 334 pages ; 25 cm.
  • Foreword / Luciano Vandelli
  • Introduction: The European Charter of Local Self-Government as an international treaty with constitutional significance
  • The historical legitimacy of the charter
  • The charter as a source of international, EU and domestic law
  • Concept and design of local self-government in Europe
  • The relevance of the charter for international and comparative public law.
In Constitutional Principles of Local Self-Government in Europe Giovanni Boggero offers a meticulous account of the defining features of European constitutional local government law using both an international and comparative law perspective. The book argues that differences between local government systems in Europe, typical examples of internal affairs of a State, can be smoothed away by construing a consistent system of constitutional principles to be coherently applied at domestic level across the whole European legal space. This system can be best grasped by looking at the European Charter of Local Self-Government, which embodies a concept of self-government rooted in common legal traditions, and at its subsequent practice within the Council of Europe.
(source: Nielsen Book Data)9789004347236 20180122
Law Library (Crown)
Book
xxiv, 329 pages ; 24 cm.
  • Introduction: Reasoning indivisible rights
  • The ECHR and socio-economic rights protection
  • Making sense of the ECtHR's socio-economic protection
  • The stages of fundamental rights adjudication
  • Core rights as limits to limitations
  • Minimum cores and the scope of fundamental rights
  • Core socio-economic content
  • A core rights perspective for the ECtHR
  • Core socio-economic rights in the case law of the ECtHR
  • Conclusion: Fit and future.
"[This book] deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the ECtHR's reasoning in socio-economic cases as well as contributing to the debate on indivisible rights adjudication in an age of 'rights inflation' and proportionality review."-- Back cover.
Law Library (Crown)
Book
viii, 287 pages : illustrations ; 23 cm
Law Library (Crown)
Book
x, 92 pages : illustrations (some color) ; 24 cm.
  • Introduction / Virginia Santamarina Campos, María de Miguel Molina, and Stephan Kröner
  • The drone sector in Europe / Blanca de Miguel Molina and Marival Segarra Oña
  • European Union policies and civil drones / Virginia Santamarina Campos
  • Spain-UK-Belgium comparative legal framework : civil drones for professional and commercial purposes / Miguel Rosa, Gavin O'Brien and Vadim Vermeiren
  • Legal and ethical recommendations / María de Miguel Molina and María Ángeles Carabal Montagud
  • Conclusions / Virginia Santamarina Campos and Stephan Kröner.
This open access book disseminates some of the results of the European H2020 AiRT Project (Technology transfer of RPAs for the creative industry). In particular, it presents findings related to mitigating safety and security concerns when civil drones are piloted by the service sector (mainly, the creative industry). European policies regarding drones generally focus on outdoor drones, but they are also used indoors. Moreover, a number of European countries have fragmented regulations on drone use, and as a result, European institutions are attempting address these issues. This work is based on a detailed study of the European policies, a comparative analysis of the regulation in various European countries, an analysis of the drone sector in Europe, and primary data from members of the creative industry. The authors created focus groups in Spain, the UK and Belgium in order to discuss with the creative industry the concerns on safety and security when using civil drones for their work. Based on these results, the book offers advice to the European industry, as well as new insights for academics and policymakers. This book is open access under a CC BY license.
(source: Nielsen Book Data)9783319710860 20180604
Law Library (Crown)
Book
xv, 191 pages ; 25 cm.
  • Introduction
  • Freedom of expression and freedom of religion under the European Convention on Human Rights
  • Conflict of rights?
  • Religious hate speech and religious hate speech laws
  • Restrictions on freedom of expression to spare religious feelings
  • Alternative approaches to (religious) hate speech
  • Case in point : the prosecutions of Geert Wilders
  • Conclusion.
In recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. Author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.
(source: Nielsen Book Data)9781138243811 20171017
Law Library (Crown)
Book
xx, 445 pages ; 25 cm
Law Library (Crown)
Book
xvi, 278 pages ; 25 cm.
Law Library (Crown)
Book
xvii, 207 pages ; 25 cm
  • Introduction
  • Judicial dissent : what is it and why does it matter?
  • The decision-making process in constitutional courts
  • Judicial dissent in the common law tradition
  • Judicial dissent in the civil law tradition
  • Comparative reflections.
Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today's practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.
(source: Nielsen Book Data)9781472482235 20180423
Law Library (Crown)
Book
xvii, 262 pages ; 24 cm
Law Library (Crown)
Book
xiii, 187 pages : illustrations ; 25 cm.
  • Introduction: The European monitoring of national penal and prison policies : influence and shaping / Gaëtan Cliquennois
  • Monitoring prisons in Germany : the role of the European Court of Human Rights / Christine Morgenstern and Frieder Dünkel
  • The European oversight of France / Corentin Durand, Nicolas Ferran and Hugues de Suremain
  • The Dutch complaint and appeal procedure for prisoners in the light of European standards / Pauline Jacobs and Anton Van Kalmthout
  • Marriage Italian style : a decryption of Italy and ECtHR's relationship concerning prisoners' rights / Giuseppe Caputo and Sofia Ciuffoletti
  • International pressure and carceral moderation : Greece and the European Convention of Human Rights / Sappho Xenakis and Leonidas Cheliotis
  • Assessing the role of European monitoring instruments and their impact on prison conditions in the Nordic countries / Lauri Koskenniemi and Tapio Lappi-Seppälä
  • England and Wales : an uncertain relationship with European institutions / Simon Creighton, Nicola Padfield and Rosaria Pirosa
  • Spain as country not being monitored by the European Court of Human Rights / Esther Pascual Rodriguez and Clara Réy Sanchez
  • Conclusion: The European monitoring of national penal and prison policies as a dynamical system / Gaëtan Cliquennois and Hugues de Suremain.
The process of judicial control over institutions is often described as growing socio-legal trend which impacts the development of modern societies. This is particularly the case for prisons and other penal institutions, as international bodies and the courts have tried to influence prison policies since the 1960s. This book addresses this dynamic situation by focusing on European monitoring as a major influence on penal and prison policies within, between and across nation states. Bringing together experts from around Europe, this book actively contributes to debates and analysis within penal and prison policy studies by shedding lights on the impacts of monitoring, and demonstrates how the study of penal and prison reform in different European countries can contribute to building a clearer and more precise picture of European legal systems. This book will be of interest to researchers in the fields of prisons, penology and punishment, as well as policymakers and professionals working for national Ministries of Justice and for prison department and national human rights institutions, as well as those working for INGOs and NGOs.
(source: Nielsen Book Data)9781138688063 20180416
Law Library (Crown)
Book
viii, 241 pages ; 25 cm
  • Introduction: Nordic approach to international law? / Astrid Kjeldgaard-Pedersen
  • Nostalghia : a Nordic international law / Gregor Noll
  • Diplomats, professors, and then some : notes for a history of international law in 20th century Finland / Martti Koskenniemi
  • Dag Hammarskjöld and the "ambetsmanna" approach to UN cooperation / Ove Bring
  • Nordic judges of the Permanent Court of International Justice and the International Court of Justice / Astrid Kjeldgaard-Pedersen
  • Nordic approach to the interpretation of the European Convention on Human Rights? / Jens Elo Rytter
  • Who cares about international law? : a study of how Scandinavian judges cite international law and courts / Marlene Wind
  • Effect of the judgments of the ECtHR before the national courts : a Nordic approach? / David Thor Björgvinsson
  • Implementation of the Rome Statute of the International Criminal Court in the Nordic countries : a new comprehensive criminalization of serious crimes / Thordis Ingadóttir
  • In the line of fire : Denmark and law and legitimacy in 21st century war of choice / Anders Henriksen
  • Communities of interest in the Nordic management of international watercourses / Julie Gjørtz Howden
  • Nordic approach to promoting women's rights within international law : internal v. external perspectives / Cecilia M. Bailliet
  • Conspicuous absence and mistaken presence : a note on the ambiguous role of Scandinavian legal realism in Nordic approaches to international law / Jakob v.H. Holtermann.
In August 2015, international legal scholars and expert practitioners from Denmark, Finland, Iceland, Norway, and Sweden gathered to discuss contemporary issues of international law from a Nordic perspective: Do the "shared Nordic values" extend to embrace a common perspective on international law and policy beyond the Nordic region? And do international legal scholars in the Nordic countries share a professional outlook enabling us to speak of a distinct "Nordic approach to international law"? This book contains a selection of the conference papers, which all address aspects of Nordic approaches to international law - varying significantly in terms of subject area, methodology and style. The book is relevant to international legal scholars in the Nordic countries and beyond.
(source: Nielsen Book Data)9789004343580 20180312
Law Library (Crown)
Book
xii, 232 pages ; 25 cm.
  • Introduction / Roman Petrov and Peter Van Elsuwege
  • The evolution of constitutionalism in the post-communist countries of Central and Eastern Europe : some lessons for the post-Soviet space / Paul Blokker
  • Protecting the rule of law in post-Soviet states : the relevance of European and Eurasian integration / Olga Burlyuk and Vera Axyonova
  • Eurasian Economic Union : balancing sovereignty and integration / Rilka Dragneva
  • The Association Agreements between the EU and Georgia, Moldova and Ukraine : constitutional issues of sovereignty and legitimacy / Rilka Dragneva
  • The constitutional order of Ukraine and its adaptability to the EU-Ukraine Association Agreement / Roman Petrov
  • The constitutional order of Georgia and its adaptability to the EU-Georgia Association Agreement / Gaga Gabrichidze
  • The constitutional order of Moldova and the challenge of multi-vector integration / Mihaela Tofan
  • From EU integration process to the Eurasian Economic Union : the case of Armenia / Narine Ghazaryan and Laure Delcour
  • The constitutional order of Belarus and its adaptability to the Eurasian Economic Union : a 'living constitution' workaround / Maksim Karliuk
  • The constitutional order of the Russian Federation and its adaptability to European and Eurasian integration projects / Paul Kalinichenko
  • The constitutional order of Kazakhstan and its adaptability to the Eurasian Economic Union / Zhenis Kembayev
  • Concluding remarks / Roman Petrov and Peter Van Elsuwege.
This book explores the implications of European and Eurasian integration projects for the constitutional orders of post-Soviet countries. On the one hand, the process of Eurasian integration, culminating in the establishment of the Eurasian Economic Union (EAEU), led to the creation of new institutions and mechanisms influencing the domestic legal order of the participating countries. On the other hand, the process of European integration, epitomised through the European Union (EU), constitutes an important source of reference for domestic constitutional developments in the countries which recently concluded a new generation of Association Agreements with the EU. This book analyses the implications of both processes. The book addresses the relevant experience of the countries from Central and Eastern Europe with transitional constitutionalism, mapping out the significance of European and Eurasian integration for protecting the rule of law in the post-Soviet space and identifying the constitutional implications and challenges of the EAEU and the new generation of Association Agreements. It also provides detailed country reports on national constitutional orders in the post-Soviet space and their adaptability to regional integration projects, ã authored by leading academics from the countries concerned, providing a number of general reflections about the evolution of post-Soviet constitutions in light of European and Eurasian integration projects.
(source: Nielsen Book Data)9781138101593 20180416
Law Library (Crown)
Book
ix, 348 pages ; 24 cm
Law Library (Crown)
Book
xvii, 1230 pages ; 25 cm
  • General survey of the Convention / Koen Lemmens
  • Procedure before the court / Leo Zwaak, Yves Haeck and Clara Burbano Herrera
  • Supervision / Leo Zwaak and Clara Burbano Herrera
  • System of restrictions / Laurens Lavrysen
  • Relationship between the Convention and the EU / Janneke Gerards
  • Right to life / Janneke Gerards
  • Prohibition of torture and other inhuman or degrading treatment or punishment / Ben Vermeulen and Hemme Battjes
  • Prohibition of slavery and forced labour / Leo Zwaak
  • Right to liberty and security / Edwin Bleichrodt
  • Right to a fair trial / Tom Barkhuysen, Michiel van Emmerik, Oswald Jansen and Masha Fedorova
  • No punishment without law / Edwin Bleichrodt
  • Right to respect for private and family life / Karin de Vries
  • Freedom of thought, conscience and religion / Ben Vermeulen and Marjolein van Roosmalen
  • Freedom of expression / Arjen van Rijn
  • Freedom of assembly and association / Hansko Broeksteeg
  • Right to marry / Arjen van Rijn
  • Protection of property / Maya Beeler-Sigron
  • Right to education / Ben Vermeulen and Marjolein van Roosmalen
  • Right to free elections / Hansko Broeksteeg
  • Prohibition of imprisonment for debt / Sjoerd Bakker
  • Freedom of movement / Janneke Gerards
  • Prohibition of expulsion of nationals / Janneke Gerards
  • Prohibition of collective expulsion of aliens / Cornelis Wouters
  • Abolition of the death penalty / Edwin Bleichrodt
  • Procedural safeguards relating to expulsion of aliens / Kees Flinterman
  • Right to appeal in criminal matters / Kees Flinterman
  • Compensation for wrongful conviction / Kees Flinterman
  • Right not to be tried or punished twice / Bas van Bockel
  • Equality between spouses / Frederik Swennen
  • Prohibition of discrimination / Janneke Gerards
  • Abolition of the death penalty in time of war / Edwin Bleichrodt
  • Right to an effective remedy / Tom Barkhuysen and Michiel van Emmerik
  • Derogation in time of emergency / Stefan Sottiaux
  • Restrictions on political activity of aliens / Yutaka Arai and Cornelis Wouters
  • Prohibition of the abuse of rights / Antoine Buyse
  • Prohibition of the misuse of power / Yutaka Arai and Joachim Meese
  • Reservations / Janneke Gerards.
Now available in paperback! Since the first edition of Theory and Practice of the European Convention on Human Rights forty years ago, this book has become the reference in the field of human rights in Europe. It provides a systematic and comprehensive overview of the functioning of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its application by the European Court of Human Rights. With Montenegro joining the Council of Europe in 2007, there are now 47 Parties to the Convention and Protocol No. 14 entering into force on 1 June 2010, the protection of human rights in Europe and the case law of the Court have seen a dynamic development during the last decade. A completely new - fifth - edition of Theory and Practice of the European Convention on Human Rights was thus very much needed. Particularly since Protocol 14 amended the control system of the Convention. The result is a very accessible, easy-to-use and up-to-date reference book, which provides an essential source of information for the practitioners, theorists and students in the field of human rights.
(source: Nielsen Book Data)9781780684949 20180416
Law Library (Crown)
Book
x, 189 pages : illustrations ; 25 cm.
  • Introduction: Unaccompanied minor migrants in Europe : between compassion and repression / Barbara Gornik, Mateja Sedmak and Brigit Sauer
  • At the crossroads of power relations : the Convention of the Rights of the Child and unaccompanied minor migrants / Barbara Gornik
  • The best interests of unaccompanied and seperated children : a normative framework based on the Convention on the Rights of the Child / Jyothi Kanics
  • Methodology for the assessment of the best interests of the child for recently arrived unaccompanied refugee minors / Carla Van Os [and 4 others]
  • Asylum experiences in Austria from the perspective of unaccompanied minors : best interests of the child in reception procedures and everyday life / Ayşe Dursun and Birgit Sauer
  • 'Not our children' : unaccompanied minor asylum seekers in Slovenia / Mateja Sedmak [and 3 others]
  • Coping strategies of unaccompanied minors lacking protection within the French context : the key role of political and civil society mobilisation / Corentin Bailleul
  • Surely not! : procedurally lawful age assessments in the UK / Marie-Bénédicte Dembour.
Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children's rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children's rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants' rights in practice. Authors deconstruct power relations residing within the discourses of children's rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children's' rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors' survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states' obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.
(source: Nielsen Book Data)9781138192560 20171023
Law Library (Crown)
Book
xiii, 269 pages ; 23 cm
  • Preface
  • Introduction
  • The ancient world
  • Anglo-Saxon England
  • Peaceweavers : European rulers and consorts
  • European and civil wars 1337-1471
  • Titled women in medieval England
  • Women in fifteenth-century Malta
  • The age of Elizabeth
  • Elizabeth I to Anne
  • The eighteenth century
  • Lady Anne Clifford : the woman who wouldn't
  • Conclusion.
From Homer to Jane Austen, storytellers have entertained their audiences with tales of women in disputes, as parties and peacemakers. This is our attempt to write their history, relying as far as possible on primary sources, documents which have survived by chance, never intended for our eyes by those who created and preserved them. In 534AD, the Roman emperor Justinian expressly forbade women to act as arbitrators. In the thirteenth century Saint Thomas Aquinas stated that 'woman is naturally subject to man, because in man the discretion of reason predominates'. Many have assumed that what was laid down as law or proclaimed as authority represented the reality. But women do not always do what men tell them they should. We have set out to find what has happened in practice over four thousand years, at least in Europe, beginning in the Bible and Ancient Greece and Rome, but thereafter concentrating on England, with regular references to the Continent. A chapter on Anglo-Saxon England shows the inextricable ties with the Continent among women of the highest rank, as do two of the four chapters that follow on the Middle Ages. Those women often mediated and arbitrated, but they also resolved disputes by a number of other ways. Then we show how common it was for titled women in England to resolve disputes. A chapter on 'untitled women' provides plenty of evidence of the regular resolution of their disputes. There is a digression then to Malta, to the records of a fifteenth-century notary, which tell the stories of women of every station and their disputes. England's greatest monarch, Elizabeth I supported women with free legal aid and her own personal intervention, in ways never since matched. The practice of submitting women's disputes to mediation and arbitration survived through the seventeenth century, dispite revolution, regicide, fire and plague. A tailpiece tells how a dispute concerning the will of Temperance Flowerdew, one of the earliest European settlers in the 'New World', was resolved by the English Privy Council. A chapter on the eighteenth century emphasises the English government's encouragement of mediation and arbitration. ending with how Mary Musgrove's mediation helped to establish the colony of Georgia, and two sections on France, one Pre-Revolutionary, one Revolutionary. They challenge others to explore developments in the North American colonies and France. The Conclusion widens that challenge. Lady Anne Clifford, a woman of infinite strength of will, has demanded the last word. She simply refused a royal command to submit to an arbitration which would have robbed her of the vast landholdings she held in her own right.
(source: Nielsen Book Data)9780957215320 20180530
Law Library (Crown)
Book
ix, 960 pages ; 24 cm
  • Introduction
  • Convention on the Grant of European Patents
  • Implementing [regulations to] the Convention on the Grant of European Patents
  • Protocol on the interpretation of Article 69
  • Protocol on jurisdiction and the recognition of decisions in respect of the right to the grant of a European patent
  • Rules relating to fees
  • Patent Cooperation Treaty
  • The Vienna Convention on the Law of Treaties
  • Paris Convention.
"The twenty-fifth edition...[of an] article-by-article commentary in English on the European Patent Convention (EPC), its implementing regulations, and associated case law provides the complete text of the 2000 Convention annotated with commentary and expert guidance on the interpretation of each paragraph. Since its first edition in 1994 it has provided the European patent community with the necessary insights to practise...before the European Patent Office. 0In addition to a thorough updating of developments, new material in the twenty-fifth edition includes the following: important amendments in the latest edition of the Guidelines that entered into force 1 November 2017; announced amendments of the law that enter into force after 15 November 2017; a new decision of the Enlarged Board of Appeal on partial priority; the changed structure of the Boards of Appeal and the effect on their perceived independence."-- Provided by publisher.
Law Library (Crown)
Book
xii, 282 pages : illustration ; 24 cm.
  • Introduction: Compensation as a Driving Force for Abolition Chapter 1. Compensation: An Issue at the Heart of a Democratic Debate Chapter 2. Between Legalism and Humanism: Compensation for Eminent Domain? Chapter 3. Compensation's Economic and Social Dimension: Compensation as Aid Chapter 4. Compensation's Political Side: A Means of Ensuring Colonial Cooperation Epilogue: The Many-Faceted Issue of Compensation Bibliography Index.
  • (source: Nielsen Book Data)9781785333316 20170612
Today, a century and a half after the abolition of slavery across most of the Americas, the idea of monetary reparations for former slaves and their descendants continues to be a controversial one. Lost among these debates, however, is the fact that such payments were widespread in the 19th century-except the "victims" were not slaves, but the slaveholders deprived of their labor. This landmark comparative study analyzes the debates over compensation within France and Great Britain. It lays out in unprecedented detail the philosophical, legal-political, and economic factors at play, establishing a powerful new model for understanding the aftermath of slavery in the Americas.
(source: Nielsen Book Data)9781785333316 20170612
Green Library
Book
lv, 726 pages ; 24 cm.
  • Preface
  • The place and space of causation / Marta Infantino and Eleni Zervogianni
  • Causation in the law : philosophy, doctrine, and practice / Ingeborg Puppe and Richard W. Wright
  • Actual causation in the second and third restatements : or, the expulsion of the substantial factor test / Anthony J. Sebok
  • The European ways to causation / Marta Infantino and Eleni Zervogianni
  • Preliminary remarks on methodology / Marta Infantino and Eleni Zervogianni
  • The case studies
  • Summary and survey of the results / Marta Infantino and Eleni Zervogianni.
Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.
(source: Nielsen Book Data)9781108418362 20180514
Law Library (Crown)