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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
xxi, 241 pages ; 25 cm.
This book serves as a guide to the major development in EU tax law, the Common Consolidated Corporate Tax Base (CCCTB) proposal. In October 2016, the European Commission relaunched its plan to harmonize national income tax systems via the CCCTB by introducing a single set of rules to calculate companies' taxable profits in the EU. This timely book offers an early analysis of this important proposal and its implications, covering issues such as the project's scope and main elements, international considerations, the relationship with OECD's base erosion and profit shifting (BEPS) initiative, consolidation, and anti-abuse rules.
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
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
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
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
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.
  • The place and space of causation
  • Causation in the law : philosophy, doctrine, and practice
  • Actual causation in the second and third restatements : or, the expulsion of the substantial factor test
  • The European ways to causation
  • Preliminary remarks on methodology
  • The case studies
  • Summary and survey of the results.
Law Library (Crown)
Book
vi, 223 pages : illustrations ; 25 cm.
  • Introduction / Dave de Ruysscher, Albrecht Cordes, Serge Dauchy, Heikki Pihlajamäki
  • What is a small firm? : some indications from the business organization of late Medieval German merchants / Ulla Kypta
  • Making size matter less : Italian firms and merchant guilds in late Medieval Bruges / Bart Lambert
  • Late scholasticism and commercial partnership : persons and capitals in the sixteenth and seventeenth centuries / Luisa Brunori
  • Legal structure of early enterprises : from commenda-like arrangements to chartered joint-stock companies (Early Modern Period) / Anja Amend-Traut
  • Delving for diversity in early modern company law : mining companies in seventeenth-century Liège / Bram Van Hofstraeten
  • Incorporation and limited liability in seventeenth-century England : the case of the East India Company / Stefania Gialdroni
  • From commercial guilds to commerical law : Spanish Company regulations (1737-1848) / Carlos Petit
  • Partnerships as flexible and open-purpose entities : legal and commerical practice in nineteenth-century Antwerp (c.1830-c.1850) / Dave De ruysscher
  • Form, size, "governance" : remarks on Italian late nineteenth-century companies / Annamarie Monti.
"This volume brings together nine chapters by specialist legal historians that address the topic of the scale and size of companies, in both legal and economic history. The bundled texts cover different periods, from the Middle Ages, the Early Modern Period, to the nineteenth century. They analyse the historical development of basic features of present-day corporations and of other company types, among them the general and limited partnership. These features include limited liability and legal personality. A detailed overview is offered of how legal concepts and mercantile practice interacted, leading up to the corporate characteristics that are so important today."-- Back cover.
Law Library (Crown)
Book
xxiii, 478 pages ; 25 cm.
  • Introduction
  • Concepts
  • Manifestations
  • History
  • Debates
  • Autonomy of subnational entities
  • Participation of subnational entities at the national level
  • Financial relations
  • Prevention and resolution of conflicts
  • Local government
  • Fundamental rights
  • Social welfare and healthcare
  • Environmental protection
  • Immigration and migrant integration
  • External relations
  • Concluding remarks.
This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book's two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. "This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume." Professor G Alan Tarr, Rutgers University "Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries." Professor Balveer Arora, Jawaharlal Nehru University New Delhi "This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field." Professor Cheryl Saunders, The University of Melbourne "This is a remarkable book - for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Koessler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges." Professor Nico Steytler, University of the Western Cape.
(source: Nielsen Book Data)9781509901494 20180205
Law Library (Crown)
Book
viii, 278 pages ; 24 cm
  • Introduction
  • A background for Article 6
  • Equality of arms
  • Equality of arms and the right to challenge and call witness evidence
  • Equality of arms and the right to adequate time and facilities
  • Equality of arms and the right to legal assistance
  • Concluding overview.
Inherent to and at the very core of the right to a fair criminal trial under Article 6 of the European Convention on Human Rights is the concept of equality of arms (procedural equality) between the parties, the construct given detailed and innovative treatment in this book. As a contextual prelude to a more specific analysis of this concept under Article 6, certain influential historical developments in trial safeguards which mark a centuries-long evolution in standards of, and the value attributed to, procedural fairness are identified to establish a background for Article 6 before its inception. Thereafter, the book offers a thorough theoretical insight on equality of arms, investigating its multi-faceted value, identifying its contemporary legal basis in Article 6 and wider international law, and defining its fundamental constituent elements to elucidate its nature, including its underpinning relationship with Article 6(3). The author argues that the most important of these constituent elements--the requirement of 'disadvantage'--is not equated by the European Court of Human Rights with inequality in itself, which would be a dignitarian interpretation, but with inequality that gives rise to actual or, in some circumstances, inevitable prejudice. This proposition is the golden thread running through the analytical heart of the book's survey of case-law in which the Court's approach to procedural equality in practice is demonstrated and assessed within the context of the Article 6(3) rights to challenge and call witness evidence, to adequate time and facilities, and to legal assistance. The book is for both scholars and practitioners. It will not only provide an enhanced general understanding of procedural fairness safeguards and standards, but will also provoke, more specifically, a new reflection on the concept of equality of arms.
(source: Nielsen Book Data)9781780681641 20170829
Law Library (Crown)
Book
viii, 299 pages ; 25 cm.
  • Introduction
  • The outset : the Livonian and Swedish legal orders at the time of the Swedish conquest
  • The reorganisation of the Livonian judiciary under the Swedish rule
  • The procedure in the Livonian courts of the Swedish era
  • Transplanting Swedish law? : the legal sources at the Livonian courts
  • Conclusions.
In Conquest and the Law in Swedish Livonia (ca. 1630-1710), Heikki Pihlajamaki offers an exciting account of the law and judiciary in seventeenth-century Livonia. Immediately after Sweden conquered the province in the 1620s, a reorganization of the Livonian judiciary began. Its legal order became largely modelled after Swedish law, which differed in important ways from its Livonian counterpart. While Livonian legal tradition was firmly anchored in the European ius commune, the conquerors' law was, by nature, not founded in legal learning. The volume convincingly demonstrates how the differences in legal cultures decisively affected the way Livonian judicial and procedural systems were shaped. Based on archival sources, the study presents an important contribution to the comparative legal history of the early modern period.
(source: Nielsen Book Data)9789004331525 20170410
Law Library (Crown)
Book
1 online resource
The Conservative Human Rights Revolution radically reinterprets the origins of the European human rights system, arguing that its conservative inventors envisioned the European Convention on Human Rights (ECHR) not only as an instrument to contain communism and fascism in continental Europe, but also to allow them to pursue a controversial political agenda at home and abroad. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that conservatives believed violated their basic liberties, above all in Britain and France. Human rights were also evoked in the service of reviving a romantic Christian vision of European identity, one that contrasted sharply with the modernizing projects of technocrats such as Jean Monnet. Rather than follow the model of the United Nations, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in an older understanding of European civilization. All told, these efforts served as a basis for reconciliation between Germany and the rest of Europe, while justifying the exclusion of communists and colonized peoples from the ambit of European human rights law. Marco Duranti illuminates the history of internationalism and international law - from the peace conferences and world's fairs of the early twentieth century to the grand pan-European congresses of the postwar period - and elucidates Churchill's Europeanism, as well as his critical contribution to the genesis of the ECHR. Drawing on previously unpublished material from twenty archives in six countries, The Conservative Human Rights Revolution revisits the ethical foundations of European integration after WWII and offers a new perspective on the crisis in which the European Union finds itself today.
(source: Nielsen Book Data)9780199811380 20170206
Book
xi, 507 pages ; 25 cm
  • Introduction
  • The romance of International law
  • Internationalism between nostalgia and technocracy
  • Churchill, human rights, and the European project
  • Postwar reconciliation, colonialism, and Cold War human rights
  • Neoliberal human rights in postwar Britain
  • Neomedieval human rights in the shadow of Vichy
  • Catholic human rights in postwar France
  • Rethinking the ECHR's original intent
  • The ethical foundations of European integration
  • Human rights and conservative politics
  • Revolution and restoration in the history of human rights
  • Conclusion
  • Epilogue: A European Union without qualities.
The Conservative Human Rights Revolution radically reinterprets the origins of the European human rights system, arguing that its conservative inventors envisioned the European Convention on Human Rights (ECHR) not only as an instrument to contain communism and fascism in continental Europe, but also to allow them to pursue a controversial political agenda at home and abroad. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that conservatives believed violated their basic liberties, above all in Britain and France. Human rights were also evoked in the service of reviving a romantic Christian vision of European identity, one that contrasted sharply with the modernizing projects of technocrats such as Jean Monnet. Rather than follow the model of the United Nations, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in an older understanding of European civilization. All told, these efforts served as a basis for reconciliation between Germany and the rest of Europe, while justifying the exclusion of communists and colonized peoples from the ambit of European human rights law. Marco Duranti illuminates the history of internationalism and international law - from the peace conferences and world's fairs of the early twentieth century to the grand pan-European congresses of the postwar period - and elucidates Churchill's Europeanism, as well as his critical contribution to the genesis of the ECHR. Drawing on previously unpublished material from twenty archives in six countries, The Conservative Human Rights Revolution revisits the ethical foundations of European integration after WWII and offers a new perspective on the crisis in which the European Union finds itself today.
(source: Nielsen Book Data)9780199811380 20170206
Law Library (Crown)
Book
viii, 251 pages ; 23 cm
  • Europe, yes--but which Europe?
  • In search of acceptance : on the legitimacy deficit and the legitimacy resources of the European Union
  • Sovereignty in Europe
  • On the status of the EU's democratic legitimacy after Lisbon
  • The democratic costs of constitutionalization : the European case
  • The cause of the European democracy deficit is sought in the wrong place
  • The necessity of Europeanized elections and parties
  • The significance of national constitutions in a united Europe
  • The role of national parliaments in the European Union
  • The role of national constitutional courts in European democracy
  • The basic law as a barrier against a transformation of the EU into a state : comments on the Lisbon judgment of the federal constitutional court
  • Europe needs principles, not pragmatism.
Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK's decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure. This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization of European treaties, which has occurred by raising them to the eminence of a constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EU itself, and contributes to the growing independence of the EU's executive and judicial institutions. The book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of 'parliamentarization' of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament's powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU's legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having 'Europeanized' parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of member states even if this affects the common market.
(source: Nielsen Book Data)9780198805120 20171023
Law Library (Crown)
Book
116 pages ; 30 cm
The publication presents in English, French and Russian the text of this multilateral environmental agreement, the Convention on the Transboundary Effects of Industrial Accidents, as amended on 15 December 2015.
(source: Nielsen Book Data)9789210163736 20171201
SAL3 (off-campus storage)