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The Nordic Constitutions: A Comparative and Contextual Study (Hart Studies in Comparative Public Law)
by Helle Krunke Björg ThorarensenThis book analyses the Nordic constitutional systems of Denmark, Finland, Iceland, Norway and Sweden in a comparative context. It has two main aims: first to fill a gap in the literature by providing an accessible English language account of the Nordic constitutions, and second to provide a comparative analysis of them, revealing their similarities and differences within their political, historical and cultural contexts. In this respect, the book challenges the assumption that the Nordic countries form a homogeneous constitutional system due to their cultural and historical affinities, a view not necessarily supported by a close comparative examination. A key issue is EU membership –where the Nordic countries have made different choices at different times – and the book will show how this has affected the individual countries and whether a divide between EU member states (Denmark, Finland and Sweden) and non-members (Iceland and Norway) has appeared. Another key issue is how the ECHR has impacted the Nordic constitutional systems and whether the convention draws the Nordic systems closer to each other. The book represents a first of its kind in the English language, and will provide constitutional scholars with a valuable comparative resource on the Nordic region.
The National Security Constitution (Hart Studies in Security and Justice)
by Paul F ScottThis book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assesses the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena that threaten the security of the state: the body of counter-terrorism legislation that has grown up in the last decade and a half; the evolving law of investigatory powers; and, to the extent relevant to the domestic constitution, the law and practice governing international military action and co-operation. Following on from this, the author demonstrates that considerations of national security – as a good to be protected and promoted in contemporary Britain – are reflected not merely in the existence of discrete bodies of law by which it is protected at home and abroad, but simultaneously and increasingly leaked into other areas of public law. Elements of the constitution which are not directly and inherently linked to national security nevertheless become (by both accident and design) implicated in the state's national security endeavours, with significant and at times far-reaching consequences for the constitutional order generally. A renewed and strengthened concern for national security since September 2001 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.
Environmental Rights in Europe and Beyond (Swedish Studies in European Law)
by Sanja Bogojevic Rosemary RayfuseThe growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.
Granville Sharp's Cases on Slavery
by Andrew LyallThe purpose of Granville Sharpe's Cases on Slavery is twofold: first, to publish previously unpublished legal materials principally in three important cases in the 18th century on the issue of slavery in England, and specifically the status of black people who were slaves in the American colonies or the West Indies and who were taken to England by their masters. The unpublished materials are mostly verbatim transcripts made by shorthand writers commissioned by Granville Sharp, one of the first Englishmen to take up the cause of the abolition of the slave trade and slavery itself. Other related unpublished material is also made available for the first time, including an opinion of an attorney general and some minor cases from the library of York Minster. On the slave ship Zong, there are transcripts of the original declaration, the deposition by the chief mate, James Kelsall and an extract from a manuscript that Professor Martin Dockray was working on before his untimely death.The second purpose, outlined in the Introduction, is to give a social and legal background to the cases and an analysis of the position in England of black servants/slaves brought to England and the legal effects of the cases, taking into account the new information provided by the transcripts. There was a conflict in legal authorities as to whether black servants remained slaves, or became free on arrival in England. Lord Mansfield, the chief justice of the court of King's Bench, was a central figure in all the cases and clearly struggled to come to terms with slavery. The material provides a basis for tracing the evolution of his thought on the subject. On the one hand, the huge profits from slave production in the West Indies flooded into England, slave owners had penetrated the leading institutions in England and the pro-slavery lobby was influential. On the other hand, English law had over time established rights and liberties which in the 18th century were seen by many as national characteristics. That tradition was bolstered by the ideas of the Enlightenment. By about the 1760s it had become clear that there was no property in the person, and by the 1770s that such servants could not be sent abroad without their consent, but whether they owed an obligation of perpetual service remained unresolved.
The Shifting Meaning of Legal Certainty in Comparative and Transnational Law
by Mark Fenwick Mathias M Siems Stefan WrbkaThe principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level.This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.
Transitional Justice and the Prosecution of Political Leaders in the Arab Region: A Comparative Study of Egypt, Libya, Tunisia and Yemen (Studies in International and Comparative Criminal Law)
by Noha AboueldahabThe dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
Religion, Equality and Employment in Europe: The Case for Reasonable Accommodation
by Katayoun AlidadiThe management of religious and ideological diversity remains a key challenge of our time – deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms?Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination law and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion and belief in the workplace in Europe. In so doing, it draws on the case law of Europe's two supranational courts, three country studies –Belgium, the Netherlands and the UK – as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significance to academics, students, policy-makers, business leaders and anyone interested in a deeper understanding of the potentials and limits of European and Western inclusion, freedom and equality in a multicultural context.
Tiley’s Revenue Law
by Glen LoutzenhiserThis is the eighth edition of John Tiley's major text on revenue law, now restructured to cover the UK Tax system, Income Tax, Capital Gains Tax, and Inheritance Tax, as well as incorporating sections dealing with Corporation Tax, International and European Tax, Savings and Charities which had previously been published in a separate volume entitled Advanced Topics in Revenue Law. This new version of Revenue Law is fully revised and updated for the latest case law, statutory and other developments including Finance Act 2016, the Supreme Court decision in UBS/DB, the G20/OECD Base Erosion and Profit Shifting project, Diverted Profits Tax, EU State Aid investigations, the 2016 business tax road map, and recent reforms to the UK taxation of capital gains, savings income, dividends and employment benefits.The book is designed for law students taking the subject in the final year of their law degree course or for more advanced courses and is intended to be of interest to all who enjoy tax law. Its purpose is not only to provide an account of the rules but to include citation of the relevant literature from legal periodicals and some discussion of, or reference to, the background material in terms of policy, history or other countries' tax systems.
Arctic Law and Governance: The Role of China and Finland (Studies in International Law)
by Timo Koivurova Qin Tianbao Sebastien Duyck Tapio NykänenThe objective of this book is to identify similarities and differences between the positions of Finland (as an EU Member State) and China, on Arctic law and governance. The book compares Finnish and Chinese legal and policy stances in specific policy areas of relevance for the Arctic, including maritime sovereignty, scientific research, marine protected areas, the Svalbard Treaty and Arctic Council co-operation. Building on these findings, the book offers general conclusions on Finnish and Chinese approaches to Arctic governance and international law, as well as new theoretical insights on Arctic governance.The book is the result of a collaboration between The Northern Institute for Environmental and Minority Law (Arctic Centre, University of Lapland) and researchers from Wuhan University.
The European Union under Transnational Law: A Pluralist Appraisal (Modern Studies in European Law)
by Matej AvbeljFor almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law. This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.
Erwachsene Amoktäter: Eine qualitative Untersuchung der Motive aus kriminologischer Sicht
by Anna-Lena BraunDas kriminologisch angelegte Thema behandelt das aktuelle und selten empirisch untersuchte Phänomen sogenannter Amoktaten – Mehrfachtötungen aus unklarer Motivlage, die vornehmlich im öffentlichen Raum begangen werden. Die Autorin liefert einen umfangreichen Überblick über bisherige Erkenntnisse zu verschiedenen Tötungsphänomenen. Dabei wird der Aspekt der Rekonstruktion der Tätersicht in ausgewählten Fällen besonders berücksichtigt, um aufzuzeigen, dass den Taten gemeinsame Strukturen zugrunde liegen.
The European Union and Social Security Law (Modern Studies in European Law)
by Jaan PajuThe aim of this book is to examine how EU law relates to and impacts on the national social security systems of the Member States. It asks three key questions. Firstly, it looks at how the internal market and its developments have eroded Member States' sovereignty over their social security systems, despite the fact that the EU has limited competence in the field. It then explores, secondly, how the Union Citizenship and, thirdly, the Charter of Fundamental Rights has affected the coordination of these regimes.
The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms (Studies of the Oxford Institute of European and Comparative Law)
by John Cartwright Simon WhittakerThe provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.
Questioning the Foundations of Public Law
by Michael A Wilkinson Michael W DowdleIn 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.
Administrative Regulation Beyond the Non-Delegation Doctrine: A Study on EU Agencies (Modern Studies in European Law)
by Marta SimonciniThe importance of administration in the EU has been growing progressively together with the development of EU competences and tasks in the internal market. From the original model of a Community leaving enforcement with the Member States, the EU has become a complex legal order where administrative tasks are spread among different actors, including EU institutions, EU agencies and national administrations. Within this complex administrative law landscape, agencies and their powers have been essentially 'upgraded'. This volume asks whether any such 'upgrade' is compatible with EU law and its principles. Exploring both the case law of the CJEU and the regulation relating to EU agencies, the volume asks a crucial question about the legitimacy of the ever-increasing role of agencies in the enforcement of EU law.
The Use of Force and Article 2 of the ECHR in Light of European Conflicts (Modern Studies in European Law)
by Hannah RussellArticle 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2. With the belief that Article 2 is still relevant, this book investigates how the right to life can be better protected within Europe. It advocates for the modernisation of Article 2 through codifying legislative and judicial developments relevant to this provision in the form of guidelines. It also considers the improvements that can be made by the Council of Europe (CoE) bodies – the European Court of Human Rights (ECtHR), the Committee of Ministers (CoM), the Parliamentary Assembly of the Council of Europe (PACE) and the CoE Commissioner for Human Rights – to encourage adherence to Article 2 and promote effective remedies to prevent future violations. It uses the experience from four internal European conflicts – the Basque conflict, the Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.
Legal Tech und Legal Robots: Der Wandel im Rechtsmarkt durch neue Technologien und künstliche Intelligenz (essentials)
by Jens WagnerDieses Buch beschreibt und systematisiert die Einsatzbereiche von Legal Tech, einschließlich künstlicher Intelligenz, erörtert die Auswirkungen auf Kanzleien und Rechtsabteilungen und zeigt die damit einhergehenden strategischen sowie rechtlichen Implikationen auf. Der Autor geht sowohl auf die theoretischen Möglichkeiten als auch auf aktuelle Anwendungsbeispiele aus der Praxis ein.
Cases, Materials and Text on European Law and Private Law (Ius Commune Casebooks for the Common Law of Europe)
by Arthur Hartkamp Carla Sieburgh Wouter DevroeThis Casebook deals with the horizontal effects of EU law, which is to say its effects on relationships between individuals. To a large extent, these effects have been created by the Court of Justice of the European Union (CJEU) on the basis of the European Treaties. The main focus of the Casebook is on the developments relating to primary EU law and their influence on national private law. It studies instances where EU primary law has already directly or indirectly influenced the case law in the Member States, or where it is expected to do so soon. Compared to the well-known impact of EU directives on private law, these developments concerning primary EU law are hardly noted by private lawyers and perhaps not sufficiently explained by scholars of EU law. Therefore the book makes an important contribution to scholarship and education.This book highlights developments in the areas of competition law, fundamental freedoms, non-discrimination, general principles of EU law, ex officio application of provisions of EU law and implementation of directives, including harmonious interpretation and Francovich liability.In its analysis of the ways in which EU law interacts with private law, the book will be an invaluable resource to students, practitioners and academics of EU private law.
Allocating Authority: Who Should Do What in European and International Law?
by Joana Mendes Ingo VenzkeThe question of which European or international institution should exercise public authority is a highly contested one. This new collection offers an innovative approach to answering this vexed question. It argues that by viewing public authority as relative, it allows for greater understanding of both its allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into governance processes. Put succinctly, the volume illustrates that public authority is relative between actors and relative to specific legitimacy assets. Drawing on the expertise of leading scholars in the field, it offers a thought-provoking and rigorous analysis of the long debated question of who should do what in European and international law.
Chasing Criminal Money: Challenges and Perspectives On Asset Recovery in the EU (Hart Studies in European Criminal Law)
by Katalin Ligeti Michele SimonatoThe fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions. This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets – particularly money – cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders. The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.
Democracy and Ontology: Agonism between Political Liberalism, Foucault and Psychoanalysis (European Academy of Legal Theory Series)
by Irena RosenthalThis book investigates the relationship between liberal democracies and ontology, that is, philosophical claims about the constitution of agents and the social world. Many philosophers argue that ontology needs to be avoided in political and legal philosophy. In fact, political liberalism, a highly influential paradigm founded by the philosopher John Rawls, makes the avoidance of ontology a core ambition of its 'political, non-metaphysical' programme. In contrast to political liberalism, this book argues that attending to ontological disputes is essential to political and legal philosophy. Illuminating, criticising and developing ontological arguments does not only enhance our understanding of justice, but also highlights key features of democratic citizenship. The argument is built up by bringing together three traditions of thought that have so far not been confronted with one another: political liberalism, the work of Michel Foucault, and the psychoanalytic theories of Sigmund Freud and Donald Winnicott. The book also investigates more concrete implications of ontological disputes by drawing on several case studies: a Dutch political-legal debate about greeting rituals; an American conflict about the legalisation of religious freedom; and the struggles for resilience of two American social movement groups.
Restatement of Labour Law in Europe: Vol I: The Concept of Employee
by Bernd Waas Guus Heerma van VossThe concept of 'employee' is arguably the most important one in labour law, defining, as it does, the scope of the discipline as a whole. This important new publication aims to develop a restatement of the concept of the employee in European labour law. The study identifies both problems and solutions that have emerged, clearly setting out comparisons between the different member states' approaches. The country reports explore both statutes and case law, tracking their contribution to legal doctrine. The objective of the restatement is to increase knowledge and gain a better understanding of one of the most crucial aspects of European labour law.Assistant Editors:- Marta Otto- Effrosyni Bakirtzi
IT-GRC-Management – Governance, Risk und Compliance: Grundlagen und Anwendungen (Edition HMD)
by Matthias Knoll Susanne StrahringerIT-Governance, das vorausschauende, strukturierte strategische Planen und Steuern der IT, IT-Risikomanagement, das Beherrschen auch neuartiger IT-Risiken und IT-Compliance, das Beachten und Umsetzen relevanter Vorgaben gewinnen insbesondere im Zeitalter der digitalen Transformation zunehmend an Bedeutung. Ziel des Buches in der Reihe Edition HMD ist daher eine umfassende Beschäftigung mit den drei Disziplinen.Der Grundlagenteil des Herausgeberwerkes definiert die wichtigsten Begriffe und stellt den Zusammenhang zwischen den drei Eckpunkten des IT-GRC-Dreiecks vor. Denn obwohl Governance, Risk und Compliance getrennt betrachtet werden können, besteht zwischen ihnen eine charakteristische Verbindung. Erst im gut orchestrierten Zusammenspiel entfalten sie ihre volle Wirkung mit Blick auf die Steigerung des IT-Wertbeitrags für das Gesamtunternehmen.In den Beiträgen im zweiten Teil werden spezielle Fragestellungen im Kontext der jeweiligen Disziplinen, aber auch übergreifend diskutiert. Soweit möglich orientieren sich die Beiträge dazu an Anwendungsfällen. Die Diskussion anhand praxisorientierter Fragestellungen zeigt in besonderer Weise die Notwendigkeit für IT-GRC-Management in einem Zeitalter, in dem die IT nicht nur unterstützt, sondern Teil des Produktes oder sogar das Produkt selbst ist.
Gesellschaftsrecht: Grundlagen und Strukturen (essentials)
by Clemens EngelhardtIn diesem essential werden die Grundlagen des Gesellschaftsrechts kurz und übersichtlich aufbereitet. Dabei werden die in Deutschland üblichen Rechtsformen GmbH, Aktiengesellschaft, BGB-Gesellschaft (GbR) sowie GmbH & Co. KG hinsichtlich Gründung, Kapital, Corporate Governance und Veräußerung beleuchtet. Ihre jeweiligen Besonderheiten werden hervorgehoben: Wer handelt, wer trägt Verantwortung, wer haftet in welcher Höhe für Verbindlichkeiten? Grafische Darstellungen veranschaulichen die Strukturen und Abläufe. Der Leser erfährt, welche Gesellschaft für welchen wirtschaftlichen Zweck sinnvoll und hilfreich ist.
Wirtschaftskriminalität und Prävention: Wie Führungskräfte Täterwissen einsetzen können (essentials)
by Alexander SchuchterDas essential zeigt praxisnah, wie Haftungs-, Vermögens- und Reputationsrisiken, die mit Wirtschaftskriminalität einhergehen, gesenkt werden. Die Vorgehensweise der Täter verstehen zu lernen, verschafft den entscheidenden Vorsprung bei der Entwicklung unternehmensinterner Erkennungs- und Abwehrsysteme. Den Leser erwarten praxisrelevante Inhalte und Auszüge aus Interviews mit Wirtschaftsstraftätern, sprich „aus dem Nähkästchen Geplaudertes“.