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Courts and Comparative Law
A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.
The Imaginative Institution: Planning and Governance in Madrid
Every 20 years since 1920, Madrid has undergone an urban planning cycle in which a city plan was prepared, adopted by law, and implemented by a new institution. This preparation-adoption-institutionalization sequence, along with the institution's structures and procedures, have persisted - with some exceptions - despite frequent upheavals in society. The planning institution itself played a lead role in maintaining continuity, traumatic history notwithstanding. Why and how was this the case? Madrid's planners, who had mostly trained as architects, invented new images for the city and metro region: images of urban space that were social constructs, the products of planning processes. These im...
Institutional Investors and Corporate Governance
The volume contains 23 articles by international experts, both scholars and practioners dealing with the development of institutional investors (such as banks, insurances, investment companies, pension funds etc.), their investment and voting policies, the impact on managements of the companies concerned and related issues. The consequences of the international development on capital markets as well as policy implications for the respective national legislations are treated.
The Coherence of EU Law
The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law? In addressing these issues the idea of 'common concepts' has played a crucial role - it is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. To what extent can these concepts be trusted to provide a firm basis for the coherence of the EU legal order? Believers in common concepts argue tha...
The Right to a Fair Trial in International Law
This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Administrative Discretion and Problems of Accountability
Co-rapporteur: mrs. Mavis Maclean.
A Three-Dimensional Theory of Law
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
Practising Virtue
International arbitration is one of the main mechanisms to settle cross-border disputes between states, private commercial actors, and private and public entities. Yet its theoretical penetration is incomplete. This book, by arbitrators, counsel, and scholars, provides fundamental theoretical insights into international arbitration.
