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This book discusses the issue of these links and, more specifically, the question of how EU law defines the link needed to obtain the right to reside in a Member State and the right to social and employment protection in that State.
This book offers a comprehensive yet concise take on the legal regulation of the various phases in the complex cycle of armed conflicts, from prevention to reconstruction, and covering everything in between, in particular the vast body of rules laid down in current international humanitarian law.
Disasters have a devastating effect on the lives of people. It is of essential importance that the response to a disaster is as effective and adequate as possible to limit and alleviate suffering. When in such cases the affected state refuses to accept international humanitarian assistance, the disaster survivors suffer the consequences.
This book focuses on the influence of food safety and quality requirements on international trade in food.
The role of the European judiciary in the process of European integration cannot be overestimated. European integration after the second world war is usually analyzed from the perspective of political decisions. However, in the public debate we very often forget how much we owe to the Court of Justice of the EU and the ECtHR.
The adoption of Security Council resolution 1325 on women, peace and security in 2000 marked the beginning of a global agenda on women in armed conflicts and post-conflict transition. This book discusses this UN agenda and provides a systematic review of its implementation, over the last fifteen years, in peace agreements around the world.
Founded to bring stability and investment to the war-torn countries of South-East Europe, the Energy Community has developed into Europe's key instrument to secure energy supplies. Recent developments highlight the importance of this organisation and its ever-increasing future relevance.
With the spotlight on Magna Carta and the French Declaration of the Rights of Man and Citizen the existence of similar fundamental rights documents in other European countries is often overlooked. Such fundamental rights documents did, however, exist in the precursors to the current European Union Member States.
In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised.
European Product Liability is the result of an extensive international research project funded by the Polish National Science Centre. It brings together experienced scholars associated with the European Group on Tort Law (EGTL) and the European Research Group on Existing EC Private Law (Acquis Group).
Special Procedures is the collective name given to the different mandates of Independent Experts, Special Rapporteurs and Working Groups in the field of human rights appointed by the UN Human Rights Council. This edited volume seeks to contribute to the dissemination of the work undertaken by different mandate-holders for the protection of human rights.
The right to land plays a key role in the realisation of a plethora of human rights, Land is however becoming scarce and the poorest sectors of society are deprived of access to land whilst State authorities and foreign investors practise land grabbing.
This book explains and analyses in depth the theory and practice of Article 8 ECHR with respect to family forms and parenthood.
The international character of shipping and transport has always been a great incubator for harmonisation of law. Recently, there has been increasing interest within the EU in harmonisation of general private law, with different harmonisation instruments such as common core, PECL and DCFR coming into existence.
The European economic unification has come about without any adjusting or accompanying economic and social policies. Its effects on social and human relations go far beyond the economic and commercial domains. This book discusses the changes that are apparent at three levels: the primary economic level, the social level and the general or societal level.
The American Convention on Human Rights contains an in-depth analysis of and comment on crucial rights protected under the American Convention on Human Rights in the light of the decisions of the Inter-American Court of Human Rights.
This book explores the extent to which Responsibility to Protect shifts our understanding of both the potential and practice of international law.
This book examines the current international legal regime relevant to the intentional destruction of the environment during warfare, where it has intentionally been targeted as a 'victim', or somehow manipulated to serve as a 'weapon' of warfare.
From the start of the financial crisis in 2007, which turned into an economic crisis soon afterwards, it was obvious that public law could not prevent the genesis of this crisis. But is there also a connection between private law and the outbreak of the financial and economic crisis?
Genocidal Gender and Sexual Violence examines how the experiences of victims of genocidal gender and sexual violence have been addressed on a theoretical and practical level.
This study provides an overview of the existing acquis communautaire in property law, and presents a proposal for the future development of this field of law. It deals with the influence of the EU's four freedoms on national property law and discusses whether or not the EU would have the competence to actively create property law.
The 'Guidelines'provide a thorough and welcome framework to ensure clarity and consistency throughout the processes of creating, investigating, reporting and follow-up for fact finding bodies to provide necessary documentation which will ensure that those responsible for human rights abuses are brought to justice.
The Spanish transition from the Franco regime to democracy has not been a very popular subject amongst researchers examining transitional justice. This book analyses the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice.
Judicial Law-making in English and German Courts is the first monograph in English that compares English and German legal methodology as applied in judicial practice, appealing to those interested in statutory interpretation, comparative law or legal methodology.
This book addresses the often neglected question of whether African regional human rights instruments impose extraterritorial obligations on State parties, and if so, the extent and scope of these obligations.
At the time of a paradigm change Foreign Investment, Strategic Assets and National Security is a timely analysis of the changing attitude towards foreign investment in major economies.
Islamic Finance is a truly international collaboration of outstanding scholars and practitioners in their field that reveals the complexities involved in applying religious principles and legal theory to the daily practice of business and finance.
This book revolves around major legal developments in the fields of European contract law and tort law from 1981 to today and examines whether similarities or divergences can be observed.
This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure.
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