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Collective Actions
This volume of essays examines whether collective actions can enhance access to justice for multilayer interests.
The Impact of Uniform Laws on the Protection of Cultural Heritage and the Preservation of Cultural Heritage in the 21st Century
Since Emer de Vattel’s (1714-1767) pioneerering work on the importance of the protection of cultural property in the interests of mankind and human society, international law has broadened the scope and strengthened protection in these areas. However, it is the work of UNESCO and it’s original mission of producing international instruments that has, in recent years, enhanced the protection and safeguarding of various types of cultural heritage. Providing an overview of the seven Conventions with the two Protocols adopted by UNESCO and UNIDROIT, this book offers comparative analysis of legal schemes for the protection or safeguarding of cultural heritage in 15 countries. This is the publication of the reports presented at the First Intersessional Thematic Congress of the International Academy of Comparative Law in November 2008.
European Consumer Access to Justice Revisited
This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
Private Enforcement of EU Competition Law
During the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.
Research Handbook on Contract Design
Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.
Biodiversity Litigation
Biodiversity is in accelerated decline and urgent action is needed. In 2020, the Strategic Plan for Biodiversity ended, and none of its Aichi Targets were met. Despite the legally disappointing situation on a global level, the role of national courts in adjudicating climate change litigation is showing potential for effective mitigation and adaptation, and judges have become key actors in linking internationally agreed goals with tangible national commitments to mitigate climate change. Can this pursuit of globally agreed goals at a local level be transposed and lead a similar trend for biodiversity governance? This edited collection gives readers an overview of the shape and reach of biodiv...
Justice As Message
International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the ...
Research Handbook on Private Enforcement of Competition Law in the EU
The Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues.
Outsourcing Rulemaking Powers
Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made by autonomous public or private actors.
Procedural Fairness in Competition Proceedings
How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.
