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Indeterminacy of International Law?
The most important (in)determinacy theses in international law since the 1920s are scrutinised in this book. As Severin Meier demonstrates, the extent of legal determinacy depends neither on some linguistic essence found in the text nor on theories that allegedly stand above practice. Instead, the (in)determinacy of law is shown to arise purely from practice. This reconceptualisation of a key discussion in legal philosophy provides a new perspective on the frame of meaning of legal norms.
Between Islamic and Secular Law
When describing the legal systems and laws of today’s Muslim-majority states in the Middle Eastern and North African region, two categories of laws are identified: one derived from Islamic and one from non-Islamic law. Following this notion, the literature finds that novel legal areas do not have any connection to Islamic law since they were not regulated by classical Islamic law. In contrast, the topic of organ transplantation is inherently connected to Islamic law because Islam considers itself to encompass all aspects of life. This research based on the analysis of organ transplantation laws of the MENA states encourages to rethink that a strict dichotomy between Islamic and non-Islamic laws does not exist. Organ transplantation laws in MENA states generally follow an international legal standard while also complying with the sharia.
Mandatory Family Protection
This book is about the protection from disinheritance. Regardless of what a person's will might say, the closest relatives usually have a claim to some of the deceased's property. The book explores this issue in a sample of countries in Europe as well as in the USA, Canada, Latin America, China, South Africa, Australia, and New Zealand.
Law and Economics in Europe
This anthology illustrates how law and economics is developing in Europe and what opportunities and problems – both in general and specific legal fields – are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.
Blockchain and Collective Rights Management of Copyright and Related Rights at the Global Level
Online music streaming has become an important source of revenue within the music industry, but the necessary licensing of musical works and sound recordings can still be quite cumbersome. The thesis discusses what blockchain is, how it could facilitate global licensing, and whether it could replace or improve the current system of collective rights management.
Expedited Procedures in International Commercial Arbitration
International arbitration has enjoyed remarkable success. However, in recent years repeated concerns relating to the efficiency of the proceedings have emerged. These concerns have led to the introduction of provisions for expedited arbitral procedures. Through analysing various arbitration rules, this book will examine the require-ments under which expedited procedures are admissible, what the central char-acteristics of such procedures are, and how such procedures can be classified and described in comparison to a conventional arbitral procedure. A significant part will examine the tension between procedural efficiency on the one hand and on quality of the procedure and award on the other. In an excursus, early determination procedures will be examined to complete the tool box to increase procedural efficiency.
Due Process as a Limit to Discretion in International Commercial Arbitration
The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, dr...
Foreign Electoral Interference: Normative Implications in Light of International Law, Human Rights, and Democratic Theory
Foreign interference in elections may have attracted increased public attention since 2016, but it is a practice virtually as old as modern electoral democracy itself. This book offers the most comprehensive account of its normative implications yet. It discusses relevant standards of international law, human rights, and democratic theory, thereby casting a net wide enough to address the fundamental value of human dignity as well as the conditions of real political autonomy. Ultimately, the book identifies potential deficits of legality, accountability, and legitimacy ensuing from certain types of foreign electoral interference, and it provides ideas on what can and should be done in response.
Erosion, Conservation, and Small-scale Farming
Selection of papers presented at the 6th International Soil Conservation Conference of the International Soil Conservation Organisation (ISCO) held in Ethiopia and Kenya, 6-12 November 1989
Symposium Eugen Huber: Modernisierung modo legislatoris
Am 18. und 19. Mai 2023 fand ein Symposium zum 100. Todestag von Eugen Huber statt. Grundthema war das Richterrecht modo legislatoris, welches Eugen Huber auf einen Schlag weltberühmt gemacht hat. Das vorliegende Buch sammelt die gehaltenen Referate in einem Band, wobei insbesondere – nach einer Einleitung von Heinrich Honsell – Aspekte des Narrativs Eugen Hubers zur Sprache kommen (René Pahud de Mortanges) und danach die Differenzierung Eugen Hubers zwischen Gesetz und Gesamtrechtsordnung herausgearbeitet wurde (Stephan Meder), aber auch Eugen Huber und das Obligationenrecht einer neueren Betrachtung unterzogen wurden (Corinne Widmer Lüchinger). Eugen Hubers erbrechtliche Arbeiten im...
