Judicial Cosmopolitanism

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Author :
Publisher : BRILL
ISBN 13 : 9004297596
Total Pages : 915 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Judicial Cosmopolitanism by : Giuseppe Franco Ferrari

Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.

The Constitutional Boundaries of European Fiscal Federalism

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Publisher : Cambridge University Press
ISBN 13 : 1108830099
Total Pages : 565 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Constitutional Boundaries of European Fiscal Federalism by : Brady Gordon

Download or read book The Constitutional Boundaries of European Fiscal Federalism written by Brady Gordon and published by Cambridge University Press. This book was released on 2022-04-14 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an authoritative source for which models of fiscal federalism are compatible with the constitutional boundaries of the European legal order. It offers an encompassing guide to the leading constitutional case law in all EU Member States.

Commentaries on Selected Model Investment Treaties

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Publisher : OUP Oxford
ISBN 13 : 0191651974
Total Pages : 990 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Commentaries on Selected Model Investment Treaties by : Chester Brown

Download or read book Commentaries on Selected Model Investment Treaties written by Chester Brown and published by OUP Oxford. This book was released on 2013-01-17 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.

Ethnic Diversity, Plural Democracy and Human Dignity

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Publisher : Springer Nature
ISBN 13 : 3030979172
Total Pages : 279 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Ethnic Diversity, Plural Democracy and Human Dignity by : Mario Krešić

Download or read book Ethnic Diversity, Plural Democracy and Human Dignity written by Mario Krešić and published by Springer Nature. This book was released on 2022-04-25 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Given their ethnic diversity, to what extent, and at what cost and benefit to human dignity, can European countries adopt and adapt plural democracy?” The contributors to this volume offer answers to this question from a variety of multidisciplinary perspectives within the framework of the integral theory of law and the state. Their shared aim is to explain legal phenomena in the context of other relevant issues and to identify, analyse and critique conceptualizations, problems and situations. This volume is rooted in the historical and contemporary European experience with special cases from Bosnia and Hercegovina, Croatia, Latvia, Slovenia, Spain and Canada which are relevant for understanding the European problem. Solutions to the problem are sought through innovative interpretations of the rule of law, democracy and human dignity, which are followed by argumentation about how these concepts, when recognized as European legal principles, can be implemented in order to avoid ethnic conflicts. Following an introduction that defines the problem at the centre of the book and explains how legal theory can be used to address it, the book consists of eleven contributions divided into three thematic sections. The first covers topics concerning the European principles which can help avoid ethnic conflicts: the principle of compulsory adjudication in interstate relations, the principle of democracy, and principles regarding the recognition of individual and collective identities. These European principles are then investigated by drawing on legal and political theories. The second section presents three ways of conceptualizing ethnical needs in multi-ethnic states: asymmetric federalism, dêmoicratic account and cooperative federalism. The third and final section elaborates on issues concerning the protection of minority rights: the role of judicial ideology in protecting minority rights, citizenship, the EU mechanism for the protection of minority rights, and the importance of remembering tragic events affecting minorities.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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Author :
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Bulletin on Constitutional Case-law

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Author :
Publisher :
ISBN 13 :
Total Pages : 452 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Bulletin on Constitutional Case-law by :

Download or read book Bulletin on Constitutional Case-law written by and published by . This book was released on 2013 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Guide to Foreign and International Legal Citations

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Author :
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Guide to Foreign and International Legal Citations by :

Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.

The Impact of the ECHR on Democratic Change in Central and Eastern Europe

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316558835
Total Pages : 559 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Impact of the ECHR on Democratic Change in Central and Eastern Europe by : Iulia Motoc

Download or read book The Impact of the ECHR on Democratic Change in Central and Eastern Europe written by Iulia Motoc and published by Cambridge University Press. This book was released on 2016-08-18 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.

Public Digitalisation in a legal perspective

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Publisher : Nordic Council of Ministers
ISBN 13 : 9289377852
Total Pages : 279 pages
Book Rating : 4.2/5 (893 download)

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Book Synopsis Public Digitalisation in a legal perspective by : Motzfeldt, Hanne Marie

Download or read book Public Digitalisation in a legal perspective written by Motzfeldt, Hanne Marie and published by Nordic Council of Ministers. This book was released on with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available online: https://pub.norden.org/temanord2024-503/ In this report leading researchers within law and digitalisation from Norway, Sweden, Finland, Latvia, Estonia, Lithuania, and Denmark present the fundamental characteristics of the digitalization of their national public administrations from a legal perspective. An important conclusion of the DigiLaw project is that the Nordic-Baltic countries possess different specialised expertise and experiences when it comes to public digitalisation, and from different angles and at various levels, all researchers recommend strengthening the Nordic-Baltic cooperation when it comes to sharing experiences and handling challenges related to public digitalization.

Gender-Based Violence and the Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1003815529
Total Pages : 230 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Gender-Based Violence and the Law by : Agnė Limantė

Download or read book Gender-Based Violence and the Law written by Agnė Limantė and published by Taylor & Francis. This book was released on 2023-12-06 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a novel and insightful examination of gender-based violence, inviting readers to consider this topic from various perspectives. It encompasses various conceptual discussions and international regulations and trends, while concurrently emphasising the legal regulations and practices of select Central and Eastern European countries. Significantly underrepresented in legal scholarship, this region has been overlooked and subject to limited comprehensive analyses. The authors address different aspects of gender-based violence, also covering some areas that have received little attention in academic literature, such as gender-based violence in academia and cyberstalking. Furthermore, the book incorporates recent empirical studies, thereby endowing readers with valuable insights into the specific challenges encountered in the region. By contributing to current research on gender-based violence in Europe, this publication is an invaluable resource for researchers, students, policymakers, and general readers interested in gender-based violence and the fight against it in the Central and Eastern European region.

Of Courts and Constitutions

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782256024
Total Pages : 753 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Of Courts and Constitutions by : Kieran Bradley

Download or read book Of Courts and Constitutions written by Kieran Bradley and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays which appear in this volume have been written to pay tribute to the Hon Mr Justice Nial Fennelly, judge of the Supreme Court of Ireland and former Advocate General at the European Court of Justice, on the occasion of his retirement. The overall theme of the book is the relationship between European Union law and national law, and the role of courts in defining that relationship. The book consists of four main parts – the structure and functioning of the European Court of Justice, material issues of European Union law, aspects of Irish law and transversal issues of national and European law. The contributors are all past and present members of the European bench, members or former members of the Irish judiciary or Bar and/or experts in European Union law, many of whom have worked with Mr Justice Fennelly during his long and distinguished career at the Bar and on the bench.

International Law from a Baltic Perspective

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Publisher : BRILL
ISBN 13 : 9004433155
Total Pages : 349 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International Law from a Baltic Perspective by : Ineta Ziemele

Download or read book International Law from a Baltic Perspective written by Ineta Ziemele and published by BRILL. This book was released on 2020-11-04 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Celebrating the 20th anniversary of the Baltic Yearbook of International Law, this volume contains a selection of articles chosen by the editors to showcase the Yearbook’s important contribution to international legal scholarship and practice. It thus offers ground-breaking articles on diverse legal areas, including international humanitarian law, international human rights law, peaceful settlement of disputes, European Union law, and the history of international law. Naturally, issues relevant to the international legal status of the Baltic States and the consequences of their occupation by the Soviet Union are also explored, as well as to transitional justice and the collapse of communism. Finally, articles on new areas, such as bioethics and cyperspace, are also included, showing where the development of science prompts the need for legal regulation. This wide-ranging selection reflects the Yearbook’s aim to offer a unique forum among international legal periodicals - where the past meets the future.

The Max Planck Handbooks in European Public Law

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Publisher : Oxford University Press
ISBN 13 : 0191039853
Total Pages : 1141 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Max Planck Handbooks in European Public Law by : Armin von Bogdandy

Download or read book The Max Planck Handbooks in European Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2020-03-12 with total page 1141 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.

Judicial Application of European Union Law in post-Communist Countries

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Author :
Publisher : Routledge
ISBN 13 : 1317110080
Total Pages : 258 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Judicial Application of European Union Law in post-Communist Countries by : Tatjana Evas

Download or read book Judicial Application of European Union Law in post-Communist Countries written by Tatjana Evas and published by Routledge. This book was released on 2016-05-06 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses how the plurality of legal norms operating in the European Union can be balanced to produce a functioning, sustainable and legitimate legal system. Presenting a conceptual framework for assessing and comparing transformations of national judicial systems in the context of EU membership, the book contributes to the EU legal theoretical debate on the relationship between 'authority' and 'coherence'. The author develops an original analytical framework of coherence to assess the application of EU law by national courts and uses interdisciplinary scientific methods and research design that combine legal doctrinal and social science methodology to the study of 'classical' legal questions. Providing an extensive database of 2004-2009 national judgments of national courts in Latvia and Estonia, the book offers an extensive comparative review of the jurisprudence of constitutional and supreme courts, as well as providing insight into the jurisprudence of ordinary national courts. It will appeal to legal scholars and political scientists studying courts and jurisprudence.

Corporate Acquisitions and Mergers in Latvia

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403540265
Total Pages : 88 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Corporate Acquisitions and Mergers in Latvia by : Valters Kronbergs

Download or read book Corporate Acquisitions and Mergers in Latvia written by Valters Kronbergs and published by Kluwer Law International B.V.. This book was released on 2023-03-20 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from Kluwer’s multi-volume Corporate Acquisitions and Mergers, the largest and most detailed database of M&A know-how available anywhere in the world, this work by a highly experienced partner in the leading international law firm Kronbergs Čukste provides a concise, practical analysis of current law and practice relating to mergers and acquisitions of public and private companies in Latvia. The book offers a clear explanation of each step in the acquisition process from the perspectives of both the purchaser and the seller. Key areas covered include: structuring the transaction; due diligence; contractual protection; consideration; and the impact of applicable company, competition, tax, intellectual property, environmental and data protection law on the acquisition process. Corporate Acquisitions and Mergers is an invaluable guide for both legal practitioners and business executives seeking a comprehensive yet practical analysis of mergers and acquisitions in Latvia. Equivalent analyses of M&A law and practice in some 50 other jurisdictions, all contributed by leading law firms, are accessible on-line at www.kluwerlawonline.com under Corporate Acquisitions and Mergers.

Performance of the Prosecution Services in Latvia A Comparative Study

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Author :
Publisher : OECD Publishing
ISBN 13 : 9264725792
Total Pages : 235 pages
Book Rating : 4.2/5 (647 download)

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Book Synopsis Performance of the Prosecution Services in Latvia A Comparative Study by : OECD

Download or read book Performance of the Prosecution Services in Latvia A Comparative Study written by OECD and published by OECD Publishing. This book was released on 2021-01-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latvia has embarked on an ambitious agenda to tackle the challenges posed by complex types of criminality to public prosecution services, with particular emphasis on economic and financial crimes. This report carries out a benchmark analysis of Latvia’s prosecution practices along with those in ten OECD member countries, international good practices and the experience of globally renowned prosecution experts.

International Law in Domestic Courts

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Author :
Publisher :
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law in Domestic Courts by : André Nollkaemper

Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.