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International Air Law and ICAO
"This book offers a compact - yet exhaustive - and easily comprehensible reference book that deals with the most general aspects of international air law, as well as with the constitutional issues and law-making functions of the International Civil Aviation Organization (ICAO). Specialized legal literature dealing with different aspects of international air law is rare, the developments often overtake the existing writings and there is a continuous need not only for updating but also for future-oriented thinking. This book cannot fail to be of importance to anyone interested in international air law."--Jacket.
EU Public Procurement Law & Self-organisation
The nexus between EU public procurement law and self-organisation of the Member States and their public authorities in the European Union is often misunderstood. This book is the fi rst comprehensive analysis of this relationship and aims to provide a greater understanding of this topic. It creates food for thought to improve the law. This book offers in-depth studies on how EU public procurement law interacts with the most noteworthy aspects of self-organisation on the national level. The allocation of responsibilities and competences, self-supply, institutionalised cooperation, non-institutionalised cooperation, cooperation based on exclusive rights and the make-or-buy decision are scrutin...
Routledge Handbook of Constitutional Law
The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One...
The Space Law Stalemate
The governing international space law regime has been locked in a norm-creation stalemate for over 40 years. This stalemate endangers the preservation of established, guiding legal principles, as well as the sustainability of the parts of outer space that humans utilize. The discrepancy between norm creation, technological advancement, and the ecosystem of novel actors could generate serious consequences for future space activities and the nature of international relations. Besides the return of old rivalries in a New Cold War, new activities and actors emerging amidst a legal void emphasizes the risks of the stalemate: unstable peace, fragile cooperation, uneven technological development, a...
Beyond Illiberalism
Arguing that there has never been a consensus on which rights all people are entitled, Beyond Illiberalism: Rights, Rhetoric, and Reality in a Pluralistic World traces how the concept of human rights is tied to a global project rooted in colonialism and grounded in nineteenth-century liberalism and post-World War II social democratic principles. This book contends that human rights are conceived, imagined, and promoted by dominant states, organizations, and activists within a specific liberal framework, and that, after more than 200 years, the dream of a universal history rooted in the worldview of G.W.F. Hegel has been displaced by the stuff of practical reality. Robert J. Shepherd shifts our attention to rights as a matter of human practice and emphasizes the importance of the actualization of rights within local contexts, demonstrating the spuriousness of categorizing governments as "liberal" or "illiberal" based on preconceived notions of what counts as legitimate rights. This book will appeal to scholars of anthropology, sociology, socio-legal studies, and cultural studies.
The Human Rights of Migrant Women in International and European Law
The Human Rights of Migrant Women in International and European Law shows the existence of a gender bias in European norms-at both the EU and domestic level-regulating migrant women's family life and employment. It analyzes the potential of European human rights and fundamental rights law to expose and correct this bias. The author argues that migrant women's most common life circumstances must come to the fore in order to achieve this. The author assesses relevant examples of human rights and fundamental rights jurisprudence at supranational and domestic levels. Effective judicial interpretations are identified to ensure migrant women's enjoyment of their rights and benefits based on equality and non-discrimination. This book will be of interest to human rights lawyers. [Subject: Human Rights Law, International Law, Public Law, Immigration Law, Women & the Law]
Militant Democracy
The term ‘militant democracy’ was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors. This book offers a broad comparative look at the legal concept of militant democracy. It analyses both theoretical and substantive aspects of this concept, investigating its practice in a number of countries and on a diverse array of issues. Examini...
Technology and the Law on the Use of Force
As governmental and non-governmental operations become progressively supported by vast automated systems and electronic data flows, attacks of government information infrastructure, operations and processes pose a serious threat to economic and military interests. In 2007 Estonia suffered a month long cyber assault to its digital infrastructure, described in cyberspace as ‘Web War I’. In 2010, a worm—Stuxnet—was identified as supervisory control and data acquisition systems at Iran’s uranium enrichment plant, presumably in an attempt to set back Iran’s nuclear programme. The dependence upon telecommunications and information infrastructures puts at risk Critical National Infrastr...
Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective
This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how r...
On the Origin of Products
Resource added for the Prototype and Design program 106142.
