Kooperativer Bibliotheksverbund

UID:

Format: X, 317 S.

ISBN: 3406383424 , 8470169688 , 2802708848 , 9065448217 , 321405659X , 3727290978 , 0421521708

Series Statement: Law books in Europe

Language: English

Subjects: Political Science , Law

Keywords: Europäische Union ; Europäische Union ; Recht ; Aufsatzsammlung

Author information: Dehousse, Renaud 1960-

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Format: 1 Online-Ressource (405 Seiten)

ISBN: 9781509923687

Note: Description based on publisher supplied metadata and other sources , Intro -- Editors' Preface -- I. Introduction -- II. The Changing Union -- III. The EU's Judicial Actors: Evolving Roles -- IV. Rights of the Individual in Times of Change -- V. EU External Relations and New Horizons -- VI. Concluding Remarks -- Contents -- List of Contributors -- Part I : The Changing Union -- 1. The Court of Justice of the European Union and the Refugee Crisis -- I. Judicial Review of the EU's Response to the Crisis -- II. Interpreting EU Asylum Law in Times of Crisis -- III. Concluding Remarks -- 2. How Trustworthy is Mutual Trust? Opinion 2/13 Revisited -- I. Introduction -- II. Mutual Recognition and Mutual Trust -- III. The Evolution of the Principle of Mutual Trust -- IV. Opinion 2/13 Revisited -- V. Final Remark -- 3. National Identity and European Construction -- I. National Identity and European Union Law -- II. Constitutional Courts and the Court of Justice -- III. National Identity as Public Policy: Fürstin von Sayn-Wittgenstein -- IV. Transformation of National Identity -- V. The Challenge of Defining National Identity -- VI. Concluding Observations -- 4. Nationality and Citizenship: Integration and Rights-Based Perspectives -- I. Introduction -- II. Acquisition and Loss of Nationality from an ECHR and an EU Perspective -- III. Enjoyment of Citizenship-Type Rights as per Strasbourg and Luxembourg Case Law -- IV. Conclusions -- 5. EU Law and Sovereign Debt Relief -- I. Financial Assistance under EU Law -- II. Financial Assistance and Debt Relief -- III. Conditionality and Debt Relief -- 6. Economic Governance in a Changing Union Fiscal Rules and Market Discipline in the Euro Area -- I. Market Discipline -- II. Efficient Financial Markets: Science or Religion? -- III. Keynes' Third Way and the Limits of the Market -- IV. Market Discipline or Spending Rule? -- V. Conclusions , Part II: The EU's Judicial Actors: Evolving Roles -- 7. Judging at the Court of Justice of the European Union Is there a Need for Dissenting Opinions? -- I. Seriatim, Dissenting and Per Curiam Opinions -- II. Arguments in Favour of Dissenting Opinions -- III. Arguments Against Dissenting Opinions -- IV. Specificities of the ECJ -- V. Final Remarks -- 8. The Future of the General Court Within the Court of Justice of the European Union -- I. Introduction -- II. The Court of Justice of the European Union - An Ordinary EU Institution? -- III. One Institution - Several Courts: The Emergence of a Judicial Organisation -- IV. The EU Judicial System: Seeking a Balance -- V. Internal Measures for Transforming the General Court -- VI. Concluding Observations -- 9. Judicial Dialogue between National Supreme Administrative Courts and the Court of Justice of the European Union -- I. Introduction -- II. The Common Roots of Member State Supreme Administrative Courts and the Court of Justice -- III. Highest Administrative Jurisdiction in the Court Systems of the European Union Member States -- IV. Europeanisation of National Public Law -- V. Evolution and Scope of Preliminary References by the Member State Supreme Administrative Courts -- VI. The Example of the Finnish Supreme Administrative Court - An Active National Partner in the Judicial Dialogue with the CJEU -- VII. Challenges and Loyalty - Cohn-Bendit v Landtová -- 10. Acts of Rebellion, or the Enemy Within? A Consideration of the Combative Ruling of the Supreme Court of Denmark and the Imperative of Genuine Judicial Dialogue -- I. Introduction -- II. The Danish Case -- III. The Italian Case -- IV. Uncharted Waters -- V. Concluding Remarks -- 11. The Principle of Mutual Trust in the Area of Freedom, Security and Justice Some Reflections on its Corollaries -- I. Introduction , II. Independent Judicial Authorities -- III. Common EU Standards on Criminal Procedure and on Penitentiary Systems -- IV. The Very Legal Structure of the EU, Implying and Justifying Mutual Trust -- V. Concluding Remarks -- 12. Allan's Legal Battles before the Court, Acting as the Commission's Agent -- I. Preliminary References -- II. Direct Action: The Two Dorsch Consult Cases -- III. Infringement Actions: The 'Open Skies' Cases -- Part III : Rights of the Individual in Times of Change -- 13. Balancing Security Reasons and the Adversarial Principle The New Article 105 of the Rules of Procedure of the General Court -- I. Introduction -- II. A Need for a Special Procedural Framework -- III. The Emergence of New Procedural Techniquesin ECHR and EU Case Law -- IV. The Process Behind the New Procedural Framework -- V. The Balancing Mechanism Introduced by the New Article 105 of the RPGC -- VI. Concluding Remarks -- 14. The EU Citizens' Right to have Rights and the Courts' Duty to Protect it -- I. Introduction -- II. The Right to have Rights and the Role of the Court -- III. The Rule of Law and the Duty to Protect it -- IV. Adjudicating the Duty to Protect EU Rights and the Rule of Law -- V. Conclusion -- 15. From Daily Mail to Polbud: An "Ever-Changing' Case Law on Cross-Border Mobility of Companies? -- I. The Scope of the Freedom of Establishment Prior to Polbud -- II. The Scope of the Freedom of Establishment after Polbud -- III. Future Challenges -- 16. Free Movement of Goodsin a Changing Union The Evolving Relationship Between Fundamental Rights, Grounds of Justification and Mandatory Requirements -- I. Introduction -- II. Measures Having an Equivalent Effectto Quantitative Restrictions -- III. Justification Regimes -- IV. Interests Justifying Restrictions to the Free Movement of Goods -- V. Principle of Proportionality -- VI. Concluding Remarks , 17. Religion in the Workplace When is Enforcing a Religious Ethos Acceptable? and When is Neutrality Discrimination? -- I. 'Un Peu d'Histoire' -- II. Setting the Scene -- III. The 'Veil' Cases: When is 'Neutrality' Discrimination? -- IV. Qualified Job Candidates without the 'Appropriate' Protestant Religious Affiliation and Divorced Remarrying Roman Catholic Physicians:When is Enforcing a Religious Ethos Acceptable? -- V. A Parting Reflection -- 18. The Impact of Austerity on the Protection of Human Rights -- I. Introduction -- II. Defining Austerity -- III. A Case Study of the United Kingdom -- IV. Austerity as a Policy Choice -- V. The Response to Austerity on the Part of Human Rights Bodies -- VI. Conclusion -- Part IV EU External Relations and New Horizons -- 19. The European Union's Accession to the Istanbul Convention -- I. Introduction -- II. The Istanbul Convention in a Nutshell -- III. The European Union Perspective -- IV. Final Remarks -- 20. The Exercise of Non-Exclusive Competence of the EU and the Conclusion of International Agreements -- I. Introduction -- II. The Exercise of Competence in Areas of Non-Exclusive EU Competence -- III. Circumscription of the Freedom of the Institutions and the Member States to Conclude Facultative Mixed Agreements in Matters Falling within the EU's Non-Exclusive Competence -- IV. Obligations Concerning the Exercise of EU and Member State Competence in the Context of the Conclusion of Facultative Mixed Agreements -- V. Conclusions -- 21. Extradition and EU Law: An Unexpected 'Pas de Deux' -- I. Introduction -- II. First Steps: Petruhhin -- III. Classic EU Law in a New Context? -- IV. EU-US Extradition: Pisciotti -- V. Completing the Picture: Raugevicius -- VI. Implications of the Case Law -- VII. Other Recent Developments -- 22. Expulsion of a Member State from the European Union: Ultimate Remedy? , I. Introduction: Expulsion as the Ultimate Remedy? -- II. The Broader Context: Expulsion from International Organisations -- III. EU Treaties: The Absence of an Explicit Expulsion Clause -- IV. Excursus: Can a Member State be Expelled from the EU? -- V. Conclusion: An Ultimate Safeguard Never to be Used? -- 23. The Lessons of Brexit -- I. Sovereignty -- II. Immigration -- 24. From Rome to Lisbon and from Lisbon to Brexit -- I. Genesis -- II. Impact -- III. Future -- IV. Conclusion -- Index -- Untitled -- Untitled -- Untitled

Additional Edition: Erscheint auch als Druck-Ausgabe Lenaerts, Koen An Ever-Changing Union? London : Bloomsbury Publishing Plc,c2019 ISBN 9781509923663

Language: English

Subjects: Law

Keywords: Europäische Union ; Europäische Integration ; Rechtsfortbildung ; Festschrift ; Aufsatzsammlung ; Festschrift

URL: Volltext  (lizenzpflichtig)

Author information: Lenaerts, Koen 1954-

Author information: Pohjankoski, Pekka

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Format: ix, 543 Seiten

Edition: Second edition, expanded and updated edition

ISBN: 9780190696023

Series Statement: SUNY series in Israeli studies

Content: Introduction -- Jurisdiction and justiciability -- Local law, military orders and administrative law -- The international law of belligerent occupation -- International human rights law -- Israeli constitutional law -- The Oslo Accords -- Public order and civil life -- Gaza after 2005 -- Civilian settlements -- Israeli settlers -- The separation barrier -- Planning and building in Area C -- Residence and family reunification -- Security measures : basic issues -- Internment -- Interrogation practices -- Punitive house demolitions -- Deportations -- Hostilities -- Conclusions.

Content: "This book is an updated and expanded study of the manner in which the Supreme Court of Israel has related to petitions challenging actions of the Israeli authorities in the territories occupied by Israel during the 1967 War. The first edition of the study was published two decades ago by one of the present authors, David Kretzmer. The original work was completed just before the second intifida began in September 2000. It covered decisions of the Supreme Court both during the formative years of the Court's jurisprudence on the occupation, and during the first intifada that broke out in December 1987. As stated in the preface to the first edition, the beginning of the second intifada proved that the hopes that the historic Oslo Accords between Israel and the PLO (1993-1995) would lead to peace between Israel and the Palestinians and to the end of the occupation were premature. At the present time (2020) an end to direct Israeli control over the West Bank and restrictions on life in Gaza does not seem to be in sight. The so-called peace plan published by the Trump Administration in February 2020, as we were completing the manuscript, does not alter that picture, although it may contribute to changes in the regime in the West Bank. Much that has happened since the first edition was published has affected the type of cases that reach the Supreme Court, and consequently the topics covered in this study. After a wave of suicide bombings in Israel in 2001 and 2002 the IDF embarked on a military operation in the West Bank. This operation and subsequent hostilities between the IDF and armed Palestinian groups yielded a host of petitions relating to means and methods of warfare and to judicial review during active hostilities. In 2002 the Israeli government began the construction of a separation barrier in the West Bank, the declared purpose of which was to make it more difficult for potential Palestinian terrorists to enter Israel itself. The barrier's route not only spurred close to two hundred petitions to the Supreme Court; it was also the subject of an advisory opinion by the International Court of Justice. In August 2005 Israel withdrew its armed forces and civilian settlements from the Gaza Strip under the Disengagement Plan, and the government announced that Israel no longer had responsibility for Gaza. Controversy arose whether Gaza remained occupied territory. In 2006 the Hamas movement gained control over Gaza and the Government of Israel declared Gaza to be 'hostile territory.' The relations between Israel and Gaza have been tense ever since, with firing of rockets and bombs on Israeli towns and villages, severe restrictions on supply of goods to Gaza and movement of people between Gaza and the West Bank, and periods of active hostilities between Israel and Gaza. Since the first edition of this study was completed there has been a dramatic expansion in the number of Israeli settlements and settlers in the West Bank. This expansion has had various legal and practical consequences, including the emergence of two different legal regimes applicable to Israelis and to Palestinians resident in the West Bank"--

Note: Includes bibliographical references (517-534) and index (535-543)

Additional Edition: ISBN 9780190696047

Additional Edition: ISBN 9780190696030

Additional Edition: ISBN 9780190696054

Additional Edition: Erscheint auch als Online-Ausgabe Kretzmer, David, 1943 - The occupation of justice New York, NY : Oxford University Press, 2021 ISBN 9780190696047

Additional Edition: ISBN 9780190696030

Additional Edition: ISBN 9780190696054

Language: English

Subjects: Law

Keywords: Israel ; Oberster Gerichtshof ; Israel ; Besetzte Gebiete ; Bürgerrecht ; Geltungsbereich des Rechts

DOI: 10.1093/oso/9780190696023.001.0001

URL: Inhaltsverzeichnis

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Format: 1 Online-Ressource (xxiv, 234 Seiten)

Edition: First edition

Edition: London Bloomsbury Publishing

ISBN: 9781509925759 , 9781509925735 , 9781509925742

Series Statement: Studies in international law volume 70

Content: "The ever-growing interaction between member States and international organisations results, all too often, in situations of non-conformity with international law (eg peacekeeping operations, international economic adjustment programmes, counter-terrorism sanctions). Seven years after the finalisation of the International Law Commission's Articles on the Responsibility of International Organisations (ARIO), international law on the allocation of international responsibility between these actors still remains unsettled. The confusion around the nature and normative calibre of the relevant rules, the paucity of relevant international practice supporting them and the lack of a clear and principled framework for their elaboration impairs their application and restricts their ability to act as effective regulatory formulas. This study aims to offer doctrinal clarity in this area of law and purports to serve as a point of reference for all those with a vested interest in the topic. For the first time since the publication of the ARIO, all international responsibility issues dealing with interactions between member States and international organisations are put together in one book under a common approach. Structured around a systematisation of the interactions between these actors, the study provides an analytical framework for the regulation of indirect responsibility scenarios. Based on the ideas of the intellectual fathers of international law, such as Scelle's 'dédoublement fonctionnel' theory and Ago's 'derivative responsibility' model, the book employs old ideas to add original argumentation to a topic that has been dealt with extensively by recent commentators."--Bloomsbury Publishing

Content: I. Introduction -- II. Interaction Between International Organisation and Member States -- III. A Description of the Problem -- IV. Addressing the Problem -- 2. The Function and Nature of International Responsibility -- I. Introduction -- II. Function of International Responsibility: 'No Responsibility, No Law' -- III. International Responsibility and the Subjects of International Law -- IV. Nature of International Responsibility -- V. Conclusion -- PART I -- MEMBER STATE-INTERNATIONAL ORGANISATION INTERACTION ON THE BASIS OF THE PARTICULAR MEMBER -- STATE-INTERNATIONAL ORGANISATION RELATIONSHIP -- 3. Reassessing the Particular Member State-International Organisation Relationship -- I. Introduction -- II. Relationship from an Inside-out Perspective: States in an Organisational Setting -- III. Relationship from an Outside-in Perspective: Ramifications of the International Organisation's Legal Personality -- IV. Exceptions to the 'Exclusive International Organisation Responsibility' Rule -- V. Conclusion -- PART II -- MEMBER STATE-INTERNATIONAL ORGANISATION INTERACTION AS INDEPENDENT SUBJECTS -- OF INTERNATIONAL LAW -- 4. The Applicable Responsibility Models -- I. Introduction -- II. Direct Responsibility: Responsibility in Connection with Own Conduct -- III. Indirect Responsibility: Responsibility in Connection with the Conduct of Another -- IV. Conclusion -- 5. Circumvention of Obligations through Member States -- I. Introduction -- II. ARIO, Article 17(1) and the Derivative Responsibility Model -- III. ARIO, Article 17(2) and the Complicity Model -- IV. Conclusion -- 6. Circumvention of Obligations through the International Organisation -- I. Introduction -- II. A Legal Analysis of ARIO, Article 61 -- III. ECtHR Case Law and Article 61: A Relationship Lost in Causation -- IV. Conclusion -- PART III -- INTERACTIONS INTERTWINED -- 7. Responsibility at the Decision-making Level -- I. Introduction -- II. Control from Within/Derivative Responsibility -- III. ARIO, Article 58(2): Aid or Assistance -- IV. Conclusion -- 8. Concluding Remarks.

Note: Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily , Includes bibliographical references and index , Dissertation King's College London 2015

Additional Edition: ISBN 9781509925728

Additional Edition: Erscheint auch als Druck-Ausgabe Voulgaris, Nikolaos Allocating international responsibility between member states and international organisations Oxford : Hart, 2019 ISBN 9781509925728

Additional Edition: ISBN 9781509946044

Additional Edition: ISBN 1509925724

Language: English

Subjects: Law

Keywords: Völkerrecht ; Internationale Organisation ; Mitgliedsstaaten ; Zuständigkeit ; Verantwortlichkeit ; Hochschulschrift

DOI: 10.5040/9781509925759

URL: Volltext  (lizenzpflichtig)

UID:

Format: Online-Ressource (XXII, 334 p, online resource)

ISBN: 9789067049276

Series Statement: SpringerLink

Content: Since after the Second World War, the crime of aggression is - along with genocide, crimes against humanity and war crimes - a “core crime” under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the book draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States´ legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute´s substantive and procedural provisions pertaining to the exercise of the International Criminal Court´s jurisdiction with respect to the crime of aggression, after 1 January 2017. A first monograph on the crime of aggression written by an author from the Commonwealth of Independent States (CIS) for an international audience, the book assembles the normative experience of States representing the major legal systems of the world, and will be useful to practitioners, academics and students of international law

Note: Description based upon print version of record , Historical background of the criminalisation of aggressionElements of an act of aggression: an overview of modern international law and practice -- International legal foundations of the individual criminal responsibility for the crime of aggression -- The principal approaches towards the criminalisation of aggression at the national level -- The crime of aggression in the Rome Statute of the International Criminal Court -- Conclusion.

Additional Edition: ISBN 9789067049269

Additional Edition: Druckausg. Sayapin, Sergey The crime of aggression in international criminal law The Hague, The Netherlands : T.M.C. Asser Press, 2014 ISBN 9789067049269

Additional Edition: ISBN 9067049263

Language: English

Subjects: Law

Keywords: Internationales Strafrecht ; Völkerrecht ; Angriff ; Geschichte ; Hochschulschrift

DOI: 10.1007/978-90-6704-927-6

URL: Volltext

URL: Volltext  (lizenzpflichtig)

URL: Cover

UID:

Format: 1 Online-Ressource (360 Seiten)

ISBN: 9789004376960

Content: Front Matter -- Contents -- Tribute -- Preface -- Foreword -- The Human Rights Legacy of Congressman Tom Lantos /Robert R. King -- -- Religious Freedom in Iran and the Middle East: The Case of the Baháʾís in Selected Countries /Geoffrey Cameron and Nazila Ghanea -- Friends in High Places? The Externalisation of Hungarian Minority Rights Claims /Myra A. Waterbury -- Dealing with the Past in the Post-Yugoslav Space: Truth, Memory and Identity after Atrocity /Edin Hodžić -- Human Rights Education and Training: Global Standards and Efforts Underway in China /Gudmundur Alfredsson and Zhang Wei -- Minority Rights in Myanmar: Negotiating Identity Politics and Human Rights /Andrew Fagan -- Sudan: A Country of Many Identities Subdued to One /Rania El Rajji -- Contemporary Forms of the Oldest Hatred: Modern Antisemitism in the Visegrád Countries /Ildikó Barna , Anikó Félix , Grigorij Mesežnikov , Rafal Pankowski and Veronika Šternová*.

Content: Tom Lantos was a Hungarian-born U.S. Congressman remembered for raising awareness and respect for human rights around the world. He was elected to the United States House of Representatives in 1980 becoming the only Holocaust survivor ever to serve in the Congress. In 1983 he co-founded and chaired the Congressional Human Rights Caucus renamed in his honour as the Tom Lantos Human Rights Commission. With articles authored by leading academics this Festschrift remembers Tom Lantos’s extensive human rights activism on the human rights themes he was passionately involved with around the world. The essays offer new insights on a range of topical human rights issues, such as human rights education, religious freedom, post-conflict justice, minority rights and identity politics

Note: Bibliographien

Additional Edition: ISBN 9789004376953

Additional Edition: Erscheint auch als Druck-Ausgabe The noble banner of human rights Leiden : Brill Nijhoff, 2018 ISBN 9789004376953

Language: English

Subjects: Law

Keywords: Menschenrecht ; Festschrift ; Aufsatzsammlung

DOI: 10.1163/9789004376960

URL: Volltext

URL: DOI

UID:

Format: 1 Online-Ressource (xvii, 335 Seiten)

ISBN: 9781474201872

Series Statement: Studies in international and comparative criminal law volume 14

Content: "Criminal law can no longer be neatly categorised as the product and responsibility of domestic law. That this is true is emphasised by the ever-increasing amount of legislation stemming from the European Union (EU) which impacts, both directly and indirectly, on the criminal law. The involvement of the EU institutions in the substantive criminal laws of its Member States is of considerable legal and political significance. This book deals with the emerging EU framework for creating, harmonising and ensuring the application of EU criminal law. This book aims to highlight some of the consequences of EU involvement in the criminal law by examining the provisions which have been adopted in the field of information and communications technology. It provides an overview of the criminal law competence of the EU and evaluates the impact of these developments on the criminal laws of the Member States. It then goes on to consider the EU legislation which requires Member States to regulate matters such as data protection, e-security, intellectual property and various types of illegal content through the criminal law is analysed. In the course of this evaluation, particular consideration is given to issues such as the basis on which the EU institutions establish the need for criminal sanctions, the liability of service providers and the extent to which the Member States have adhered to, or departed from, the legislation in the course of implementation."--Bloomsbury Publishing

Content: The development of EU criminal law -- EU criminal law after Lisbon --EU legislation in the field of information and communications technology -- Criminal law and the protection of intellectual property rights -- Content regulation and the criminal law -- Criminal law and the safeguarding of privacy -- Cybercrime -- Conclusions : Criminalisation, harmonisation, Europeanisation.

Additional Edition: ISBN 9781841137278

Additional Edition: Erscheint auch als Druck-Ausgabe The emergence of EU criminal law Oxford [u.a.] : Hart, 2014 ISBN 1841137278

Additional Edition: ISBN 9781841137278

Language: English

Subjects: Law

Keywords: Europäische Union ; Strafrecht

DOI: 10.5040/9781474201872

URL: Volltext  (lizenzpflichtig)

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