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The Common European Sales Law in Context
The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.
Made-to-Measure Future(s) for Democracy?
This open access volume analyses the development of democracy at different levels of governance (from local to global). The Basque search for an institutional and democratic model that adapts to its social needs and solves its problems offers an interesting perspective for analyzing the way in which democracy is seeking new forms of materialization from the local to the global. The volume is divided into four parts. The chapters in Part I analyze the tensions between the neoliberal vision of democracy and the voices contesting it, with projections at different levels of government. The chapters in Part II focus on the emerging framework and scales of Western democracy. The chapters in Part I...
Preventing Corporate Corruption
This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the futu...
Rethinking Investment Law
There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more...
Cultural Heritage and International Law
This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.
Private Law
The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.
Citizenship in Segmented Societies
European Union citizenship is increasingly relevant in the context of both the refugee crisis and Brexit, yet the issue of citizenship is neither new nor unique to the EU. Using historical, political and sociological perspectives, the authors explore varied experiences of combining multiple identities into a single sense of citizenship. Cases are taken from Canada, Croatia, Czech Republic, Estonia, Spain, Switzerland and Turkey. These examples of communities being successfully incorporated into one entity are exceptionally useful for addressing the challenges facing the EU today.
A Re-definition of Belonging?
Language and integration tests as a condition for naturalisation and various types of legal residence permits are topical issues in several European Member States. The introduction of the tests reflects a change in ideas on the relationship between legal status and integration. Since the introduction of the tests is a rather recent development, little is known of the effects of the formalised testing schemes. Whether the tests have in fact contributed to the integration of immigrants in the host society or whether they function as a mechanism for selection and exclusion is unknown. In this book, experts from Austria, Belgium, Denmark, France, Germany, Hungary, Latvia, the Netherlands and the United Kingdom analyse the policies concerning the integration of newcomers and/or future citizens in their countries.
Transitional Justice
The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).
Environmental Impact III
Delegates to the 3rd International Conference on Environmental and Economic Impact on Sustainable Development contributed the peer-reviewed papers contained in this book. The papers discuss the most serious problems affecting sustainable development. They consider the impact of economic constraints on the environment, taking into account the social aspects as well as the over-use of natural resources. Uncontrolled development can also result in damage to the environment in terms of the release of toxic substances and hazardous waste. Thus, attention is paid to issues related to whether some forms of development are compatible with environmental protection, particularly in cases of possible s...
