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Principles of European Constitutional Law

For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective.From Reviews of the First Edition:"...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review."Common Market Law Review"an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]."European Law Journal"...real scholarship in the profound sense of the word..."K Lenaerts, Professor of European Law, Leuven

Principles of International Criminal Law

Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.

Privacy in Context: Technology, Policy, and the Integrity of Social Life

Privacy is one of the most urgent issues associated with information technology and digital media. This book claims that what people really care about when they complain and protest that privacy has been violated is not the act of sharing information itself—most people understand that this is crucial to social life —but the inappropriate, improper sharing of information. Arguing that privacy concerns should not be limited solely to concern about control over personal information, Helen Nissenbaum counters that information ought to be distributed and protected according to norms governing distinct social contexts—whether it be workplace, health care, schools, or among family and friends. She warns that basic distinctions between public and private, informing many current privacy policies, in fact obscure more than they clarify. In truth, contemporary information systems should alarm us only when they function without regard for social norms and values, and thereby weaken the fabric of social life.

Privacy in Location-Based Applications: Research Issues and Emerging Trends (Lecture Notes in Computer Science #5599)

Location-based applications refer to those that use location data in a prominent manner. Location data can be very effective for service provisioning, enabling the birth of a new generation of information services. Although data security and privacy issues have been extensively investigated in several domains, current techniques are not readily applicable to location-based applications. Conciliating the effectiveness of these applications with privacy concerns constitutes a unique challenge, mostly due to the semantic richness of location and time information. Research in this field involves aspects of spatio-temporal reasoning, query processing, system security, statistical inference, and more importantly, anonymization techniques. Several research groups have been working in recent years to identify privacy attacks and defense techniques in this domain. This state-of-the-art survey provides a solid ground for researchers approaching this topic to understand current achievements through a common categorization of privacy threats and defense techniques. This objective is particularly challenging considering the specific (and often implicit) assumptions that characterize the recent literature on privacy in location-based services. The book also illustrates the many facets that make the study of this topic a particularly interesting research subject, including topics that go beyond privacy preserving transformations of service requests, and include access control, privacy preserving publishing of moving object data, privacy in the use of specific positioning technology, and privacy in vehicular network applications.

Privacy, Security, and Trust in KDD: Second ACM SIGKDD International Workshop, PinKDD 2008, Las Vegas, Nevada, August 24, 2008, Revised Selected Papers (Lecture Notes in Computer Science #5456)

This book constitutes the thoroughly refereed post-workshop proceedings of the Second International Workshop on Privacy, Security, and Trust in KDD, PinKDD 2008, held in Las Vegas, NV, USA, in March 2008 in conjunction with the 14th ACM SIGKDD International Conference on Knowledge Discovery and Data Mining, KDD 2008. The 5 revised full papers presented together with 1 invited keynote lecture and 2 invited panel sessions were carefully reviewed and selected from numerous submissions. The papers are extended versions of the workshop presentations and incorporate reviewers' comments and discussions at the workshop and represent the diversity of data mining research issues in privacy, security, and trust as well as current work on privacy issues in geographic data mining.

Private International Law in Nigeria (Studies in Private International Law)

This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.

Privatising Peace: A Corporate Adjunct to United Nations Peacekeeping and Humanitarian Operations

The history of United Nations peacekeeping is largely one of failure. This book puts a case for augmenting ad hoc peacekeepers with competent contract labour; and within the constraints of a new legal regime, supporting future operations with well-trained contractors who might subdue by force those who inflict gross human rights abuses on others.

Privatsphäre durch die Delegation von Rechten

Personalisierte Dienstleistungen setzen eine Weitergabe persönlicher Daten zwischen Dienstleistern voraus. Der Autor schlägt mit der Delegation von Rechten eine Verbesserung des gegenwärtig in der Praxi angewendeten Vertrauensmodells zur Einhaltung der Datenschutzrechte vor. Er stellt ein Identitätsmanagementsystem vor, mit dem Nutzer die Regeln zur Datenerhebung und Weitergabe nach den rechtlichen und funktionalen Anforderungen des Customer Relationship Management (CRM) durchsetzten und kontrollieren können. Eine Proof-of-Concept Implementierung zeigt die Funktionsweise und Schutzwirkung der Protokolle.

Problem-Solving Courts: Justice for the Twenty-First Century?

The new trend in problem-solving courts—specialized courts utilized to address crimes not adequately addressed by the standard criminal justice system—is examined in this thorough and insight-filled book.At least since the late 1980s, with the development of the first drug court in Dade County, Florida, the justice system has undergone what some believe is a revolution—the movement toward problem-solving courts. Problem-Solving Courts: Justice for the Twenty-First Century? provides a concise, thorough, well-documented, and balanced foundation for anyone interested in understanding this phenomenon.Detailing the "promise and potential perils" of problem-solving courts, the authors represented here examine the development of the problem-solving court movement, the rationale for the courts, the approaches they take, and their anticipated benefits and potential pitfalls. Using case examples and looking at various types of problem-solving courts, the book offers "foundational" information about the specific types of problem-solving courts, their goals and philosophies, their organization and operation, their variation in structure and procedures, and the extensiveness of the court. It draws conclusions about the relative merits or disadvantages of such courts and considers prospects for the future.

Proceedings of the 2007 National Conference on Environmental Science and Technology

Product Liability Law in Transition: A Central European Perspective

This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.

Product Liability Law in Transition: A Central European Perspective

This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.

Professional Testimonial Privileges: A Law and Economics Perspective (Ökonomische Analyse des Rechts)

Ido Baum explores the professional testimonial privileges of attorneys, accountants, and journalists in the United States, England, and Germany. The author provides new insights into the internal effects of the corporate lawyer-client privilege on corporate decision making. Finally, he presents the first model-based efficiency comparison of the American and English rules regarding the revelation of confidential media sources.

Projektmanagement in der öffentlichen Verwaltung: Spezifika, Problemfelder, Zukunftspotenziale

Stefan Hagen leistet mit seiner Arbeit einen innovativen Beitrag zur aktuellen Reformdiskussion öffentlicher Verwaltungen. Auf der Basis einer breiten theoretischen Fundierung führte er eine qualitativ orientierte Einzelfallstudie durch. Die Ergebnisse sind gleichermaßen für praktisch als auch für wissenschaftlich orientierte Berufsgruppen relevant.

Promoting Democracy and the Rule of Law: American and European Strategies (Governance and Limited Statehood)

European and American experts systematically compare U.S. and EU strategies to promote democracy around the world – from the Middle East and the Mediterranean, to Latin America, the former Soviet bloc, and Southeast Asia. In doing so, the authors debunk the pernicious myth that there exists a transatlantic divide over democracy promotion.

Property in the Margins

Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.

Property Rights and Natural Resources (Studies in International Law)

Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009.The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.

Property Rights in Investment Securities and the Doctrine of Specificity

Proportionality Principles in American Law: Controlling Excessive Government Actions

From the ancient origins of Just War doctrine to utilitarian and retributive theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. These concepts all embody the fundamental value that government and private actions should not be demonstrably excessive relative to their moral and practical justifications. In the American legal system, despite frequent though unacknowledged use of proportionality principles, there is no general theory of what permits courts to invalidate intrusive measures. In Proportionality Principles in American Law, two renowned legal scholars seek to advance such a theory. They argue that standards of review should be more clearly and precisely defined, and that in most circumstances every intrusive government measure which limits or threatens individual rights should undergo some degree of proportionality review. Across a wide range of legal contexts, E. Thomas Sullivan and Richard S. Frase identify three basic ways that government measures and private remedies have been found to be disproportionate: relative to fault; relative to alternative means of achieving the same practical purposes; and relative to the likely practical benefits of the measure or remedy. Using this structure, the book examines the origins and contemporary uses of proportionality principles in public law, civil liberties, and the criminal justice system, emphasizing the utility of proportionality principles to guide judicial review of excessive government measures. By constructing a new framework and a general theory for constitutional judicial review, Proportionality Principles in American Law will help courts more consistently and effectively apply proportionality principles to better serve their vital roles as guardians of individual rights and liberties.

Prostitution and Human Trafficking: Focus on Clients

Andrea Cauduro, Andrea Di Nicola, Marco Lombardi, and Paolo Ruspini Client: Have you ever had a […] by an Albanian? Researcher: No… Client: You should have one, they’re great! “I’ll tell you something: between an exploited girl and a ‘free’ one, I choose the exploited one. Because a girl who’s being exploited has to give money to her pimp, otherwise she’ll be beaten. The others, when they’ve earned enough they stop working. The exploited ones no: even they don’t want to work, they have to stay there and if they don’t pay the pimp they’re beaten […] If you think about it, you notice it is more a help than anything else. We all know they’re exploited, so it’s better to go with them, otherwise they’ll be slaughtered!” These two tough excerpts from interviews with clients of foreign prostitution stress the core point of this work: There seems to be a different view, a different logic that moves these men in their search for commercial sex. This is the focus of the discussion and the main reason for this volume. We have attempted to study the phenomenon of trafficking from a different and innovative perspective: the demand. Trafficking in human beings for sexual exploitation (and not only) has involved all the European Union and more in general Western European countries in the past twenty years.

Protecting Persons While Protecting the People: Second Annual Workshop on Information Privacy and National Security, ISIPS 2008, New Brunswick, NJ, USA, May 12, 2008. Revised Selected Papers (Lecture Notes in Computer Science #5661)

The Second Annual Workshop on Privacy and Security, organized by the Center for Interdisciplinary Studies in Information Privacy and Security of the School of C- munication and Information at Rutgers University, was held on May 12, 2008 at the Hyatt Regency, New Brunswick, New Jersey, USA. A few of the papers in this volume were produced through a multi-step process. First, we recorded the talk given by each author at the workshop in May 2008. Next, we transcribed the recording. The authors then produced a draft of their paper from these transcriptions, refining each draft until the final version. Although the papers are not verbatim transcriptions of the talks given, some do retain the informal and conv- sational quality of the presentations. In one instance we have included some material from the question-and-answer period after the talk, since the material covered proved to be relevant and interesting. The majority of authors, however, preferred to include a more formal paper based on the material presented at the workshop.

Protecting Privacy in Video Surveillance

Protecting Privacy in Video Surveillance offers the state of the art from leading researchers and experts in the field. This broad ranging volume discusses the topic from various technical points of view and also examines surveillance from a societal perspective. A comprehensive introduction carefully guides the reader through the collection of cutting-edge research and current thinking. The technical elements of the field feature topics from MERL blind vision, stealth vision and privacy by de-identifying face images, to using mobile communications to assert privacy from video surveillance, and using wearable computing devices for data collection in surveillance environments. Surveillance and society is approached with discussions of security versus privacy, the rise of surveillance, and focusing on social control. This rich array of the current research in the field will be an invaluable reference for researchers, as well as graduate students.

Public Interest Rules of International Law: Towards Effective Implementation

This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.

Public Interest Rules of International Law: Towards Effective Implementation

This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.

Public Participation and Better Environmental Decisions: The Promise and Limits of Participatory Processes for the Quality of Environmentally Related Decision-making

Public Participation and Better Environmental Decisions is about a specific ‘promise’ that participation holds for environmental decision-making. Many of the arguments for public participation in (inter)national environmental policy documents are functional, that is to say they see public participation as a means to an end. Sound solutions to environmental problems require participation beyond experts and political elites. Neglecting information from the public leads to legitimacy questions and potential conflicts. There is a discourse in the literature and in policy practice as to whether decision-making improves in quality as additional relevant information by the public is considered. The promise that public participation holds has to be weighed against the limitations of public participation in terms of costs and interest conflicts. The question that Public Participation and Better Environmental Decisions seeks to answer for academics, planners and civil servants in all environmental relevant policy fields is: What restricts and what enables information to hold the ‘promise’ that public participation lead to better environmental decision-making and better outcomes?