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This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".
Assessing the impact of increasing calls for wider fiscal autonomy in the UK, Spain, Switzerland, Argentina, Brazil, Germany, Italy and the USA this volume updates and adds significant new context to the debate. Framing the discussion on fiscal autonomy and drawing out ethical considerations it portrays the problems connected with the devolution of responsibilities and financial resources to sections of the population, sometimes content to be part of a lower layer of government, sometimes aspiring to an asymmetrical position or total independence.
"All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy ...
This Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives.
This two-volume handbook provides readers with a comprehensive interpretation of globality through the multifaceted prism of the humanities and social sciences. Key concepts and symbolizations rooted in and shaped by European academic traditions are discussed and reinterpreted under the conditions of the global turn. Highlighting consistent anthropological features and socio-cultural realities, the handbook gathers coherently structured articles written by 110 professors in the humanities and social sciences at Bonn University, Germany, who initiate a global dialogue on meaningful and sustainable notions of human life in the age of globality. Volume 1 introduces readers to various interpretations of globality, and discusses notions of human development, communication and aesthetics. Volume 2 covers notions of technical meaning, of political and moral order, and reflections on the shaping of globality.
This book tells the story of the German Democratic Republic from “the inside out,” using the lens of generational change to deconstruct an intriguing array of social identities that had little to do with the “official GDR” version authoritarian rulers regularly sought to impose on their citizens. The author compares the “identities” of five societal subgroups (GDR writers and intellectuals; pastors and dissidents; women; youth; and working-class men), exploring the policies defining their lives and status before/during/after the 1989 Wende, as well as the diverging “exit, voice and loyalty” dilemmas encountered by each. The “dialectical” components treated in this work ce...
The People's Republic of China is one of the largest importers and exporters of food products in the world. After the melamine crisis fundamentally challenged its food legal infrastructure, the PRC now boasts one of the most modern systems of food law in the world. This makes Chinese food law very interesting for its own sake but also as a source for comparison and inspiration. This book aims to make Chinese food law accessible to a non-Chinese audience. The book follows the same legal-systematic approach that has proven its usefulness in explaining EU food law in the EU Food Law Handbook. Topics discussed include the history of Chinese food law, general principles, the institutional framewo...
This book provides a comprehensive portrait of how international responsibility of the EU and the Member States is structured under the EU’s international investment protection agreements. It analyses both the old regime as represented by the Energy Charter Treaty and the new regime as represented by the new EU investment treaties, such as CETA, TTIP, the EU-Singapore Agreement and the EU-Vietnam Agreement. The international responsibility of the EU, being a “special” international organisation, is in and of itself an important and challenging topic in public international law. However, in the context of international investment law, and especially with regard to the emerging new EU in...
The handbook presents an overview of Industry 4.0 and offers solutions for important practical questions. The law and its current challenges regarding data assignment (who owns the data? / EU guidelines), data security, data protection (General Data Protection Regulation), cyberattacks, competition law (right to access vs. monopolists, permissible and prohibited exchanges of information, possible collaborations) is the point of departure. In turn, the book explores peculiarities in specific areas of Industry 4.0 (Internet of Production, mechanical engineering, artificial intelligence, electromobility, autonomous driving, traffic, medical science, construction, energy industry, etc.). The book’s closing section addresses general developments in management, the digital transformation of companies and the world of work, and ethical questions.