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Perhaps the most essential distillation of the Founders'vision of America, The Federalist Papers consist of a series of 85 essays in favor of the ratification of the U.S. Constitution. Attributed to Alexander Hamilton, John Jay, and James Madison, the essays tackle an array of topics that are just as relevant today as they were more than 200 years ago, including human rights, republican governance, the proper scope and jurisdiction of a federal government, and much more.

This authoritative edition of the complete texts of the Federalist Papers, the Articles of Confederation, the U.S. Constitution, and the Amendments to the U.S. Constitution features supporting essays in which leading scholars provide historical context and analysis. An introduction by Ian Shapiro offers an overview of the publication of the Federalist Papers and their importance. In three additional essays, John Dunn explores the composition of the Federalist Papers and the conflicting agendas of its authors; Eileen Hunt Botting explains how early advocates of women's rights, most prominently Mercy Otis Warren, Judith Sargent Murray, and Charles Brockden Brown, responded to the Federalist-Antifederalist debates; and Donald Horowitz discusses the Federalist Papers from the perspective of recent experiments with democracy and constitution-making around the world. These essays both illuminate the original texts and encourage active engagement with them.

Die Federalist Papers sind nicht nur das Credo der US-amerikanischen Verfassung, sondern auch ihr wichtigster Kommentar. In ihnen verknüpften Alexander Hamilton, James Madison und John Jay die bis dahin als Gegensätze geltenden Ideen von Demokratie und Repräsentation. Damit wurde es möglich, Demokratie nicht nur im Kleinstaat, sondern auch in einem ausgedehnten Flächenstaat mit einer vielfältigen Bevölkerung zu verwirklichen. Die Untersuchung von Beatrice Brunhöber geht über die Rezeption dieses Werkes, das den europäischen Klassikern der Verfassungstheorie ebenbürtig ist, hinaus. So zeigt die Autorin in ihrer fundierten Analyse der Federalist Papers auf, wie demokratische Repräsentation einheitliche politische Entscheidungen in einer pluralistischen Gesellschaft überhaupt erst ermöglicht. Sie ebnet mit ihren Grundlagenüberlegungen zudem den Weg für eine Idee demokratischer Repräsentation jenseits des Nationalstaates.

The primary focus of this book is on a specific outcome of the rule of law: the practical enforcement of laws and policies, and the determinants of this enforcement, or lack thereof. Are there significant and persistent differences in implementation across countries? Why are some laws and policies more systematically enforced than others? Are “good” laws likely to be enacted, and if not, what stands in the way?We answer these questions using a theoretical framework and detailed empirical data and illustrate with case studies from Morocco, Tunisia and Jordan. We believe that the best way to understand the variation in the drafting and implementation of laws and policies is to examine the interests and incentives of those responsible for these tasks – policymakers and bureaucrats. If laws and their enforcement offer concrete benefits to these ruling elites, they are more likely to be systematically enforced. If they don't, implementation is selective, discretionary, if not nil. Our first contribution is in extending the application of the concept of the rule of law beyond its traditional focus on specific organizations like the courts and the police, to economic sectors such as customs, taxation and land inheritance, in a search for a direct causal relationship with economic development outcomes. Instead of limiting ourselves to a particular type of organization or a legalistic approach to the rule of law, we present a broader theory of how laws are made and implemented across different types of sectors and organizations. Our second contribution is in demonstrating how powerful interests affect implementation outcomes. The incentives elites have to build and support rule-of-law institutions derive from the distribution of power in society, which is partly a historical given. The point we make is that it is not deterministic. Realigning the incentive structures for reform among key actors and organizations, through accountability and competition, can dramatically improve the chances that rule-of-law institutions will take root. On the other hand, building the capacity of organizations without first changing institutional incentives is likely to lead to perverse outcomes.

The 2015 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2015 Fordham Law School Conference on International Arbitration and Mediation. The papers are organized into the following parts:Keynote Presentation by Hon. Stephen M. SchwebelPART 1: Innovations in International Arbitration by Barru Leon, Sophie Lamn, Hon. William G. Bassler, William W. Park, and Josefa Sicard-MirabalPART 2: Investor-state Arbitration by Edward G. Kehoe, Klaus Reichert, Catherine Amirfar, Nicholas Fletcher QC, and Susan D. FranckPART 3: The Confluence of EU Law and International Arbitration - Both Commercial and Investor-State by John Gaffney, Fidelma Macken SC, and Kaj HoberPART 4: Corporate Issues by Wolfgang Peter, Thomas H. Lee, and Vera Korzun

The 2012 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2012 Fordham Law School Conference on International Arbitration and Mediation, held in London. The 22 papers are organized into the following five parts: Keynote Presentation by Charles N. Brower, Michael Pulos and Charles B. Rosenberg Part I: Investor-State Arbitration by Christoph Schreuer, Philippe Sands, Sam Wordsworth, Barton Legum, Gauthier Vannieuwenhuyse, Jarrod Wong, Donald Francis Donovan Part II: Arbitration of International Financial Disputes by Kenneth M. Kramer, Mark Kantor, Edna Sussman, Jennifer L. Gorskie Part III: Arbitration of International Construction Disputes by C. Mark Baker, Lucy Greenwood, Louis B. Kimmelman, Suyash Paliwal, C. Ryan Reetz, John W. Hinchey, Barbara Helene Steindl Part IV: Arbitration in Asia by Jessica Fei, Damien McDonald, Remington Huang, Michael Pryles, Lawrence Boo Part V: Mediation by Chris Newmark, Donna Ross, Nancy M. Thevenin

With the American revolutionaries in discord following victory at Yorktown and the Paris Peace Treaty of 1783, the proposed federal Constitution of 1787 faced an uncertain future when it was sent to the states for ratification. Sensing an historic moment, three authors--Alexander Hamilton, James Madison and John Jay--circulated 85 essays among their fellow statesmen, arguing for a strong federal union. Next to the Constitution itself, The Federalist papers are the most referenced statement of the Founding Fathers'intentions in forming the U.S. government. This book takes a fresh look at the papers in the context of the times in which they were created.

The 2014 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2014 Fordham Law School Conference on International Arbitration and Mediation. The papers are organized into the following parts:Keynote Presentation by Catherine KessedjianPART 1: Investor-State and Commercial Arbitration by Peter Michaelson, Stanimir A. Alexandrov, James Mendenhall, Laurence Shore, Liang-Ying Tan, Rocío Digón, and Marek KrasulaPART 2: Ethics by Bruce A. Green, Margaret Moses, Doak Bishop, Isabel Fernández de la Cuesta, Catherine A. Rogers, and Idil TumerPART 3: Mediation by Lorraine M. Brennan, Anna Joubin-Bret, Josefa Sicard-Mirabal, Rachael Clarke, James M. Rhodes, and Carrie Menkel-MeadowPART 4: International Trade Arbitration by Kaj Hobér, Luiz Olavo Baptista, Giorgio Sacerdoti, and Gonzalo BiggsPART 5: Investor-State and Commercial Arbitration (2) by John J. Barcelo III, Roland Ziadé, Lorenzo Melchionda, and Dr. Wolfgang KühnPART 6: International Tax Arbitration by Alexis Foucard, Léa Grandfond, Michael Lennard, and Natalia Quinones Cruz

What makes the relationship between Switzerland and the EU so challenging? For both parties, mutual relations are of crucial importance, not least economically. As a result of the Swiss voters'rejection of the European Economic Area 30 years ago, there is at present a large number of agreements that provide for Switzerland's partial participation in the EU's internal market as well as other matters. At the same time, there has now for more than a decade been an increasing degree of institutional and legal uncertainty. The present volume offers an inventory of different sides of this special relationship, which is interesting also in a comparative context.

Die Rede vom'Volk'hat Konjunktur. Seit der Französischen Revolution gilt es als letzter Grund politischer Legitimität. Es ist damit an jene Stelle getreten, die zuvor mit'Gott'besetzt war. Und weil das Volk ebenso wenig greifbar ist, bedarf es einer Stellvertretung auf Erden. Somit kann man ein Verständnis des Politischen heute nur über ein Verständnis der'Logik politischer Repräsentation'erlangen: Keine politische Forderung, kein Urteilsspruch, kein parlamentarischer Beschluss, kurz: kein politischer Akt, kann auf die Behauptung verzichten, den eigentlichen Allgemeinwillen zu artikulieren. Damit wird der politische Streit zum Streit darum, wer mit der Stimme des Volkes spricht - und wer stattdessen nur partikulare Interessen vertritt. Der Band fragt, wo dieses'Volk'zu finden ist und wer mit welchem Recht in seinem Namen handelt.

Seit der Verabschiedung des Vertrags von Amsterdam im Jahre 1997 hat die Europäische Union eine Vielzahl von Verordnungen auf dem Gebiet des Internationalen Privat- und Verfahrensrechts erlassen. Die daraus resultierenden Probleme der konsistenten Auslegung und wechselseitigen Abstimmung dieser Instrumente waren Gegenstand einer Konferenz, die im Oktober 2014 in Freiburg i.Br. stattfand. Die dort gehaltenen Referate sind in dem vorliegenden Band versammelt. Sie arbeiten Wertungswidersprüche zwischen den verschiedenen Rechtsakten heraus, beleuchten die Rahmenbedingungen für eine kohärentere Regelung und zeigen Perspektiven für eine mögliche Kodifikation des europäischen Internationalen Privat- und Verfahrensrechts auf. Zudem enthält der Band englische Zusammenfassungen der gehaltenen Referate sowie ausführliche Diskussionsberichte.

Very few authors have ever had their collected papers published in a series of volumes. As far as we know, Anthony D'Amato is the first legal scholar to be accorded this signal honor. Martinus Nijhoff Publishers is pleased to announce the third volume of this acclaimed series. In this volume, the author updates his essays on sources and the foundational questions of international law with new commentary.

The Markland Group is a Canadian non-governmental organization founded in 1987 by Douglas Scott. It is composed of lawyers, academics and other professionals with a special interest in the compliance aspects of disarmament treaties. The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals. These two organizations joined forces in March 1995 to conduct a workshop on compliance, a topic which they felt had received insufficient attention from the international legal community. Thirty-eight experts from Canada, the United States and Great Britain were assembled for a series of meetings at the University of Toronto under the chairmanship of Walter Dorn and Christine Elwell. Five of the papers presented at the workshop have since been edited, expanded and updated for publication in this volume. The papers analyse compliance measures under various treaties, with particular attention being given to: The Biological Weapons Convention; the Chemical Weapons Convention; the Nuclear Non-Proliferation Treaty (Safeguards); Trade and Environment Compliance Measures; and International Humanitarian Law Compliance and Enforcement Mechanisms and their potential impact on Arms Control and Disarmament Treaties. The Markland Group and the CCIL believe that the study of treaty compliance methodology is still in its infancy. The development of effective, reliable and acceptable compliance systems is imperative, particularly for treaties dealing with disarmament. It is hoped that this volume will provide an impetus for enhanced study of this crucial issue.

The growing population of Europe needs adequate and wholesome food at reasonable prices and a sufficient supply of pure drinking water. Accommodating this need and the many other pressures on land while maintaining biodiversity, ecosystems, and cultural landscapes is a matter of continuing concern and debate in Europe. The changing nature of agriculture, concerns about agricultural subsidies and surpluses, food and water quality issues, and discussion of the future of the European Union (EU)'s Common Agricultural Policy have all increased the intensity of this debate in recent years. Through its discussion of how best to achieve sustainable land use, Agriculture and Sustainable Land Use in Europe tackles this wide range of issues, examining problems faced by the EU concerning the future of rural communities, the maintenance of an attractive and diverse countryside, and more. This work comprises papers presented at two conferences organised by groups of European Environmental Advisory Councils. These papers offer the reader access to a broad range of experience and points of view, making Agriculture and Sustainable Land Use in Europe a contribution of particular value to the debate on these issues.

The celebration of the Centennial of the First International Peace Conference took longer than the original conference itself. For almost two years experts from all over the world exchanged views on the progress, failures, lacunae, and prospects of international law. They focussed their attention on the three topics of the 1899 Hague Conference: disarmament, humanitarian law and laws of war, and peaceful settlement of disputes. Starting with preliminary reports by world-renowned experts in their respective fields of competence (Hans Blix on disarmament, Christopher Greenwood on humanitarian law and laws of war, and Francisco Orrego Vicuña and Christopher Pinto on peaceful settlement of disputes), discussions took place at regional legal advisers meetings, universities, NGO conferences, expert seminars, and over the internet. These culminated in 1999 in two major expert conferences in The Hague (The Netherlands), and St. Petersburg (Russia). The results were reported to the United Nations General Assembly at the closing of the Decade of International Law, later that year. The present volume, compiled by the Centennial organizers and edited by Frits Kalshoven (emeritus professor of international law at the University of Leiden and chairman of the International Fact-Finding Commission established under Article 90 of the 1977 Protocol I for the protection of victims of international armed conflicts), includes both the major documents produced in the course of the Centennial celebrations (printed) and the various discussion papers as they appeared on the internet (on complementary CD-ROM). In addition to the Centennial discussion documents, historical papers on the 1899 conference diplomacy have been provided by Governments representing the 1899 delegations (also on CD-ROM). Together, they provide invaluable information on the achievements of the last century as well as on the direction of international law at the threshold of the new millennium, for both practitioners and students.

One of the most dominant security issues of the twenty-first century has been the US led battle against transnational terrorism – the aptly named Long War. Over the past fifteen years the Long War has been examined using multiple perspectives. However, one central mechanism is missing in current Long War analyses: defence diplomacy. Defence diplomacy enhances the diplomatic and security capacity of a state, providing the only link between executive office and the ministries of foreign affairs and defence, two vital institutions in the Long War. Using a case study of US defence diplomacy in Afghanistan from 2001 to 2014, the paper argues simply that the practice of defence diplomacy far outweighs current theories on what it is, how it works and why it matters. The paper aims to generate a more nuanced understanding of defence diplomacy, as well as identify it as a key component of the US CT/COIN strategy to achieve their Long War policy objectives.

In November 2016 the University of Brighton hosted a one day conference entitled “The Future of Human Rights in the UK”. Legal academics and practitioners from across the UK and Ireland attended to discuss the various topical issues that arise under the title of the conference. Papers were presented on terrorism and counter-terrorism, the role of the European Court of Human Rights, surrogacy and parental rights, union rights, social and economic rights and Brexit; to name but a few. This edited collection comprises a selection of the papers presented. It is a thought-provoking collection designed to make the reader ask themselves: what does the future of human rights in the UK look like?

Information society projects promise wealth and better services to those countries which digitise and encourage the consumer and citizen to participate. As paper recedes into the background and digital data becomes the primary resource in the information society, what does this mean for privacy? Can there be privacy when every communication made through ever-developing ubiquitous devices is recorded? Data protection legislation developed as a reply to large scale centralised databases which contained incorrect data and where data controllers denied access and refused to remedy information flaws. Some decades later the technical world is very different one, and whilst data protection remains important, the cries for more privacy-oriented regulation in commerce and eGov continue to rise. What factors should underpin the creation of new means of regulation? The papers in this collection have been drawn together to develop the positive and negative effects upon the information society which privacy regulation implies.

The authors of these papers vary in age, nationality and professional background. They share a belief that all too often older people are not treated justly or fairly, and also a belief that this is particularly true with regard to a proper respect for their dignity as people and a proper allocation of medical and social resources. Their papers, in various ways, give evidence as to what is happening and arguments, based on philosophical ethics, as to why it is wrong. The authors also have a range of proposals, backed by argument and evidence, and drawing on factual material as well as philosophical argument, as to what could be done to improve the situation. This is a book for anyone, whether themselves elderly, looking after an older person, professionally involved in working with older people, or simply realising that one day they will be old, who wants to learn about what is wrong with the present situation and how it might be made better.

This collection of papers addresses two main themes: firstly, whether there is a distinctively European contribution to or even leadership in the contemporary formation and evolution of international law; secondly, the extent to which non-governmental actors (e.g. NGOs, international organizations, companies, individuals) contribute decisively to the formation of international law at the present time. These issues are explored within a number of different contexts of contemporary significance, in particular: the protection of human and minority rights; protection of the environment; control of transnational organized crime; prosecution of war crimes and crimes against humanity; the definition of statehood and the right to self-determination; transnational commercial and economic activity. The discussion is firmly located within the theory of international law and relations and also the continuum of international history.Comparisons are drawn with both global and other regional developments to test the hypothesis of a'European international law'. The work will be of interest to teachers, students and practitioners (legal and otherwise) in the field of international law and relations.

The Proceedings of the Conferences on Air and Space Law, organized in Asia by the Asian Institute of Air and Space Law, are establishing themselves as a major source of up-to-date and thought-provoking literature on the latest international developments. The organizers have again succeeded in attracting the most influential and provocative contributors, and their well-edited papers make a significant addition to the worldwide discussions on the vital question of the use of Air and Outer Space.

This book is a direct result of the publication of the 1994 Netherlands Yearbook of International Law, published in 1995. It was decided that the publication of the 25th Yearbook should be marked by a special volume written by current and former members of the Board of Editors, omitting the usual documentation sections. The central theme of this special volume is whether the secondary rules form a potential risk, constituting a threat to the global unity and efficacy of the international legal order. As many fields of international law as possible have been included: diplomatic law, the law of war, human rights, environmental law, and the law of international organizations (e.g. GATT/WTO and the European Communities). The research methods used are presented in an introductory paper, and results and conclusions are provided. The UN legal system is also accorded its rightful place in the research.

Modern Law of Self-Determination examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general `Balkanization'of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination.Modern Law of Self-Determination is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.

The very nature of international air transportation and outer space activities means that they have an international perspective. This is more evident today than at any time in the past, due to the intensification of trans-boundary trade, the internationalization of the division of work and the acceleration of technological progress. The Asian Institute of Air and Space Law, the Graduate School of Law, Soochow University, Taipei, the International Institute of Air and Space Law, Leiden University, and the Institute of Air and Space Law, McGill University, have instituted international conferences in order to provide a world platform for eminent specialists and scholars. The Tokyo Conference, upon which this excellent collection of papers is based, was concerned with a wide range of legal and practical questions arising from regulatory developments in international air transportation and in the exploration, exploitation and use of outer space and celestial bodies. The main topics of deliberation were: megacarriers in the 21st century, the need to revise the Bermuda Capacity Formula and the Chicago Convention, liability and responsibility in international aviation, safety, security and environment, airline industry competition, legal and political aspects of space transportation and manned space flights, the protection of the space environment and dispute settlement in air and space law. They are discussed in this volume with unparalleled authority.

This volume contains the scientific papers presented at the 6th International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 19 May 2023 online on Zoom. The conference is organized every year by the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: www.alpaconference.ro. The scientific studies included in this volume are grouped into three chapters: I. Specific Interdisciplinary Interactions in the 21st Century Public Law; II. On the Vital Public Interest in Efficient, Effective and Fair Administration at All Levels of Government and III. Regulatory Practice and Judicial Procedures in Public Law. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.

The German Association of Comparative Law presents in this volume the German contributions to the 21st International Congress of Comparative Law 2022 in Asunción (Paraguay) organised by the International Academy of Comparative Law. One main topic of the congress is the digitalization and its legal, social and economic consequences, including the phenomenon of hate speech, smart contracts, streaming and artificial intelligence accountability of public administration. A further set of papers refers to climate change and bioethics. Several contributions deal with classical topics of comparative law from a more contemporary perspective, such as access to justice, emergency law, force majeure, and the rule of law. The volume provides an overview of the state of discussions within German legal scholarship.

This book offers a new perspective on public law and public policies. The collection of papers gathered here begins with an in-depth discussion on gender perspectives in constitutional law, which can support gender justice, but also perpetuate patriarchal norms. The book then analyzes the role of the European Ombudsman in the area of gender discrimination. Despite its limited jurisdiction, this institution has become a significant complementary tool in the protection of gender equality and the elimination of gender discrimination at the EU level. Particular attention is paid to the importance of mainstreaming gender into public policies. Thus, the legal and institutional frameworks of Spain and Serbia are presented, which can serve as an inspiration to other countries. Another important aspect covered in the book is an analysis of systemic differences between the average wages of women and men in the six countries of the Western Balkans. In turn, the book presents a discussion on female genital mutilation as a highly gendered crime based on extreme versions of rigid, patriarchal ethnic and religious norms and customs. It is analyzed through the lenses of the Istanbul Convention, as a tool for combating violence against women. Particular attention is paid to femicide, its definitions, forms, and phenomenological characteristics. Having been only recently acknowledged, femicide is still characterized by an inadequate judicial response in many countries. In this regard, a special focus is on German and Serbian experiences in acknowledging femicide and combating it through various measures. Finally, the importance of stalking laws is discussed, as stalking is a highly gendered crime that many states fail to combat adequately. The collection of essays offered in this book will be of interest to all those working in the field of public law, to policymakers, and to students and academics looking to broaden and deepen their research on various issues in public law and policies from gender perspectives.

About the bookWith the passage of time, the existing State Depositor Protection Laws have proven inadequate in protecting the general public from unscrupulous deposit-taking firms. Parliament has though it fit to remedy the situation by bringing out Banning of Unregulated Deposit Schemes Act, 2019.While there is no end to the kingdom of knowledge in this fast-changing society, there was dearth of suitable books on Depositor Protection Laws. This book is a brief, analytical, section-wise legal commentary on the recently enacted Banning Act which is an umbrella law covering all kinds of deposits-Central and State.It attempts to highlight and analyse the various issues, problems, short-comings, lapses and merits in the Banning Act and allied laws in the backdrop of the litigation surrounding the various State/UT Acts that this new Central Act replaces. This book will be of value to anyone concerned to understand the rights and remedies under this law.It would be immensely useful for legal practitioners, company secretaries, chartered accountants, law makers, enforcement agencies, judges and depositors.Key featuresThis book is an exhaustive treatise on the Banning of Unregulated Deposit Schemes Act, 2019 including - Detailed analysis of judicial precedents relating to the constitutional vires of Central Deposit Law and State Deposit Laws; Compiles and analyses various judicial precedents relating to pari materia provisions found in State Deposit Laws; Detailed analysis of amendments carried out in other laws, including the Securities and Exchange Board of India Act 1992, and the Reserve Bank of India Act 1934; Detailed analysis of related laws, including the Delhi Special Police Establishment Act 1946; Detailed analysis of priority of depositors qua the provisions of the Insolvency and Bankruptcy Code, 2016; Covers latest developments in law including those relating to crypto-currency; Covers the public consultation papers issued by the Central Government; and Detailed coverage of related foreign deposit related laws, including the law of United Kingdom from where important aspects have been borrowed and incorporated in the Act.

Contributions from members of the German Association for Comparative Law will be among the papers presented at this summer's twentieth International Congress of Comparative Law, to be held for the first time in Asia at Fukuoka, Japan, in July. In a strong range of topics, one focus during the six-day congress will be on questions of multiculturalism and language that concern both comparative law methodology and other legal fields such as family law. Further dealt with will be matters particularly relevant to consumer protection, ranging from choice of court agreements to price control in contracts, duty of information, the regulation of crowd-funding, as well as leisure and travel contracts. Another focus will be on digitalisation's far-reaching economic, societal and legal implications, with questions of data protection in the realm of comparative law accentuated by contributions on the right to be forgotten or current national legal orders. Overall, the volume will reflect the present state of discussions within German jurisprudence. With contributions by: Christina Breunig, Moritz Brinkmann, Johanna Croon-Gestefeld, Anatol Dutta, Katharina Erler, Matthias Fervers, Stefan Grundmann, Beate Gsell, Dirk Hanschel, Wolfgang Hau, Leonhard Hübner, Luca Kaller, Jürgen Kühling, Sebastian Mock, Joachim Münch, David Rüther, Anne Sanders, Bianca Scraback, Stefanie Schmahl, Martin Schmidt-Kessel, Boris Schinkels, Andreas Spickhoff, Klaus Tonner; Jan Thiessen, Tobias H. Tröger, Lars Viellechner, Marc-Philippe Weller, Matthias Weller, Bettina Weisser

National criminal justice systems are slowly integrating in an effort to combat cross border criminality. New Perspectives on the Structure of Transnational Criminal Justice provides a forum for critical perspectives on this evolving system, with the goal of testing and challenging conceptions of transnational criminal law. Collectively, the papers in this special issue investigate the main symbolic and material characteristics of this space of justice, how it is organized and what dynamics shape its functionality and impact.

In August 2015, international legal scholars and expert practitioners from Denmark, Finland, Iceland, Norway, and Sweden gathered to discuss contemporary issues of international law from a Nordic perspective: Do the “shared Nordic values” extend to embrace a common perspective on international law and policy beyond the Nordic region? And do international legal scholars in the Nordic countries share a professional outlook enabling us to speak of a distinct “Nordic approach to international law”? This book contains a selection of the conference papers, which all address aspects of Nordic approaches to international law - varying significantly in terms of subject area, methodology and style. The book is relevant to international legal scholars in the Nordic countries and beyond.

Half a century ago, on 16 December 1966, the UN General Assembly adopted the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). While the adoption of the two UN human rights covenants was celebrated all over the world, their 50th anniversary has received very little attention from the international community. The present book marks this anniversary by taking stock of the first half-century of the existence of what are probably the world's two most important human rights treaties. It does so by reflecting on what the covenants have achieved (or failed to achieve) in the years that have passed, by determining and comparing their current influence in the various regions of the world, and by assessing their potential roles in the future. The book contains papers that were presented during a symposium held in Zurich in 2016, which brought together experts and stakeholders from a range of disciplines and world regions. Some fundamental issues that are addressed by the contributors are as old as the two covenants themselves. They concern, for example, the division of human rights into first- and second-generation rights, and the question of whether there should be one central monitoring body - possibly a world court - or more than just one. However, the contributors go beyond such questions that have been explored before; they develop new answers to old questions and point to new challenges.

In the years since 1994, when the UN Convention on the Law of the Sea (UNCLOS) entered into force, the ocean law regime has been profoundly affected by an interplay of new forces in global ocean affairs. Numbered among them are innovations in technology and science, the emergence of intensified piracy and other challenges to maritime security, national, and regional programs. In Ocean Law and Policy: Twenty Years of Development under the UNCLOS Regime, experts from fourteen countries present nineteen papers that provide insightful analyses of these wide-ranging issues that form the emerging new context of UNCLOS as a keystone to a working regime system. Accessible as well as authoritative, this volume offers to general readers as well as academics, policy officials, and legal experts a set of important analyses and provocative insights, forming a major contribution to the literature of ocean studies.

This volume The Culture of Judicial Independence in a Globalised World is an academic continuation of the previous three volumes: Judicial Independence: The Contemporary Debate, edited by Professor Shimon Shetreet and Chief Justice Deschenes (Brill/Nijhoff, 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Brill/Nijhoff, 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Brill/Nijhoff, 2014). This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence – both national and international.

Da quando il regionalismo previsto dalla Costituzione del 1947 è entrato a regime, sono passati 46 anni – quasi mezzo secolo –: un arco di tempo nel corso del quale la questione regionale ha attraversato stagioni molto diverse l'una dall'altra, passando, dopo la ventennale ibernazione iniziale, dalla fase della prima attuazione (che molti qualificavano enfaticamente “costituente”), alla progressiva erosione degli spazi di autonomia riconosciuti ai nuovi enti, fino alla svolta, rappresentata dalla riforma costituzionale del titolo V (1999-2001), la quale, con nuova oscillazione del pendolo, ha avviato una diversa stagione: una stagione “federale”, secondo la vulgata corrente.L'ultimo decennio può dividersi in due. Nella prima parte, la spinta riformatrice del 2001 ha seguitato a far sentire i suoi effetti, mentre, nella seconda, il pendolo ha iniziato a spostarsi verso il polo unitario del sistema, preannunciando un altro momento di discontinuità, destinato a trovare la sua sanzione nella riforma approvata dai due rami del Parlamento nell'attuale legislatura.È in questo arco di tempo che sono stati elaborati gli scritti compresi nel volume. Essi affrontano, anche alla luce delle esperienze straniere più significative, i maggiori temi posti sul tappeto dalle riforme della XIII legislatura e si confrontano con i tentativi di riforma esperiti nel medesimo periodo, nonché con la riforma costituzionale di cui si è appena detto.Il volume è completato da un'appendice on-line comprendente i testi di riforma che si sono susseguiti nell'ultimo decennio: dalla Bozza Violante alla riforma Renzi-Boschi (nelle sue diverse stesure), passando per la Bozza Monti. Antonio D'Atena è professore emerito di diritto costituzionale nell'Università di Roma “Tor Vergata” e professore di diritto delle autonomie territoriali nella LUISS di Roma, è uno dei maggiori conoscitori dei sistemi federali e regionali, ai quali ha dedicato numerosissime pubblicazioni. Tra esse figurano la seconda edizione del Diritto regionale, pubblicata da Giappichelli nel 2013, L'Italia verso il “federalismo”. Taccuini di Viaggio (Giuffrè, 2001) e Le Regioni dopo il Big Bang. Il viaggio continua (Giuffrè, 2005). Membro fondatore e già Presidente dell'Associazione italiana dei costituzionalisti (AIC) e della Conferenza delle Associazioni Scientifiche di Area Giuridica (CASAG), membro fondatore e già componente del Direttivo (Vorstand) della Societas Iuris Publici Europaei (SIPE), fondata a Francoforte nel 2003, componente del comitato scientifico del Centro di ricerca sui sistemi costituzionali comparati dell'Università di Genova e membro onorario dell'Instituto Mexicano del Amparo, A.C., ha diretto per sette anni l'Istituto del CNR che si occupa di federalismo, regionalismo ed autonomie (l'ISSiRFA). Direttore di Italian Papers on Federalism, è membro dei comitati direttivi e dei comitati scientifici di numerose riviste giuridiche anche straniere. Sue opere sono pubblicate in Germania, Spagna, Austria, Portogallo, Francia, Belgio, Grecia, Lituania, Polonia, Brasile, Costa Rica.

The Freedom of Information Act allows any person—individual or corporate, citizen or not—to request and obtain existing, identifiable, and unpublished agency records on any topic. Pursuant to FOIA, the public has presumptive access to agency records unless the material falls within any of FOIA's nine categories of exception. Disputes over the release of records requested pursuant to FOIA can be appealed administratively, resolved through mediation, or heard in court. FOIA is a tool of inquiry and information gathering for various sectors—including the media, businesses, scholars, attorneys, consumers, and activists. Agency responses to FOIA requests may involve a few sheets of paper, several stacks of records, or information in an electronic format. Assembling responses requires staff time to search for records and make duplicates, among other resource commitments. Agency information management professionals are responsible for efficiently and economically responding to, or denying, FOIA requests. This book examines and analyzes agency administration of FOIA. It also draws on the testimony and comments received by the Committee to illustrate the barriers to access that citizens face with respect to FOIA.

Che cosa rimane oggi, nello scenario della crisi economica globale, del Welfare State per come si era forgiato nell'epoca d'oro dei Trenta gloriosi? Le profonde trasformazioni della costituzione economica europea e, di riflesso, delle costituzioni economiche degli Stati membri disegnano i tratti di un inedito, per certi versi inquietante, Stato sociale condizionato, sul piano strutturale, alla stabilità finanziaria e, sul piano funzionale, alla competitività. Le sempre più marcate disparità economico-sociali e l'incapacità dell'Unione di comprenderle e ricomporle minano in radice la legittimità dell'Unione e sono, altresì, la manifestazione di un latente deficit di razionalità della costruzione europea.FEDERICO LOSURDO (Pesaro 1978). PhD, è attualmente Professor Visitante presso il Mestrado em Direito dell'Universidade Federal do Maranhao (Brasile). Già assegnista di ricerca in Diritto costituzionale e docente di Istituzioni di diritto pubblico nell'Università degli Studi di Urbino'Carlo Bo'. Alumnus del Servizio tedesco per lo scambio accademico (DAAD). Ha già pubblicato presso questo editore il volume Il divieto dell'abuso del diritto nell'ordinamento europeo. Storia e giurisprudenza, 2011. È autore di numerosi saggi in lingua italiana e straniera in materia d'integrazione europea, forma di Stato e di Governo, transizioni costituzionali e diritti fondamentali. Tra i suoi scritti più recenti: Il principio di condizionalità nella crisi dell'ordine di Maastricht (Desafios del constitucionalismo ante la integracion europea, 2016), Schuldenbremse e clausola d'identità costituzionale in Germania (Italian Papers on Federalism, 2015), Austerità e riforme strutturali nella crisi dell'ordine di Maastricht (Rivista del diritto della sicurezza sociale, 2014).

The field of law and religion studies has undergone a profound transformation over the last thirty years, looking beyond traditional relationships between State and religious communities to include rights of religious liberty and the role of religion in the public space.This handbook features new, specially commissioned papers by a range of eminent scholars that offer a comprehensive overview of the field of law and religion. The book takes on an interdisciplinary approach, drawing from anthropology, sociology, theology and political science in order to explore how laws and court decisions concerning religion contribute to the shape of the public space.Key themes within the book include: Religions symbols in the public space; Religion and security; Freedom of religion and cultural rights; Defamation and hate speech; Gender, religion and law; This advanced level reference work is essential reading for students, researchers and scholars of law and religion, as well as policy makers in the field.

Since the end of the Cold War a plentitude of books and articles have been published on the subject of democracy and international law. During this same period numerous international treaties, declarations, resolutions and policy papers have been adopted. International Democracy Documents brings together the most important universal documents as well as those from Africa, the Americas, the Arab Region, Asia and Europe. The Editors provide a comprehensive General Introduction to the collection, and contextually introduce each chapter. The volume fills a gap in the literature and contributes to the advancement of the study of human rights, democracy and the rule of law.'À n'en pas douter, ce copieux inventaire constituera un outil fort utile, et en tout cas un excellent point de départ, pour celui ou celle qui s'intéresse à la notion de démocratie en droit international. Puisse cet ouvrage contribuer, comme c'est le vœu de ses auteurs (p. 35), à faciliter la recherche, le développement et le renforcement des standards et valeurs démocratiques au plan international…': Laurent Weyers, Revue Belge de droit international, No. 2014/2'It is no exaggeration to recommend that every library in the “Third World's” law schools should have this volume on their shelves.': Pranoto Iskandar, in: Indonesian Journal of International & Comparative Law (IJICL) Volume III Issue 4 (October 2016), p. 799-806

The papers by international and Ethiopian scholars included in Human Rights and Development: Legal Perspectives from and for Ethiopia focus on the interconnectedness between the protection of human rights and the achievement of development. The book adds to the international debate by providing a unique insight into the Ethiopian perspective on the nexus between rights and development and by discussing how this nexus manifests itself in the Ethiopian context. The comparative and international frameworks and examples constitute a valuable resource for the debate on human rights and development in Ethiopia, which is currently taking place in the context of the developmental state approach pursued by the Ethiopian government.

This book brings together the papers presented at a round table, held in Belgrade in May 2012, to commemorate the 30th anniversary of the International Association of Constitutional Law (IACL). The essays explore the key developments of constitutionalism and constitutional law since the foundation of the IACL in Belgrade, then Yugoslavia, in 1981. Leading scholars in the field analyze a wide range of issues making obvious that a modern statist constitutionalism is going beyond its foundational principles: constitutional democracy challenged by globalization and multiculturalism • constitutional aspects of democratic transition and consolidation in Latin America, Central and South-Eastern Europe, and the SADC states • internationalization of constitutionalism and constitutionalization of international law. New constitutional law topics and their impact on teaching constitutional law are also included. The book concludes with the contributions giving account of the foundation of the IACL and its developing contexts. (Series: Democracy and the Rule of Law - Vol. 4)

Freedom of Navigation and Globalization offers a timely analysis of current issues in the Law of the Sea in six Parts. Part I examines co-operative measures taken within the Southeast Asia region to combat piracy and armed robbery against ships, and the historical activities of the Republic of Korea navy in countering piracy. Part II focuses on transnational threats including counter proliferation activities, freedom of navigation, Illegal, Unreported and Unregulated (IUU) fishing, and the regulation of private maritime security companies. Part III consists of two essays on development in the Arctic Ocean. The first updates the activities of the Arctic Council, the second looks at cooperative measures taken by China, Japan, and Korea with respect to science in the Arctic. In Part IV the topic of energy security and sealanes is taken up. Institutional building within ASEAN is examined for maritime security in Southeast Asia. Freedom of navigation is compared with the straight baselines of China in the South China Sea. In the next essay, cooperative efforts to enhance navigational safety and environmental protection in the Straits of Malacca and Singapore are explored. Part V considers balancing marine environmental protection and freedom of navigation. The European Union's Marine Strategy Framework Directive is reviewed. The dispute settlement regime in UNCLOS and the 2001 International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts are analyzed for flag State responsibility for pollution violations. The current mechanisms in the South China Sea marine environment are also evaluated. Part VI discusses marine data collection in the context of its applicability to Part XIII of UNCLOS. Attention is given to the various categories and their legal consequences. The last paper in the volume outlines global challenges such as global warming, rising sea level and changes in the ice over in the Polar Regions.

Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities, and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.

As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative and judicial responses to these issues.The papers gathered in this volume demonstrate how global regulations tend to meet strong cultural resistance, in particular when dealing with the more subtle patterns of conflicts of interest. It is a notion that is far from successfully regulated in every country or addressed in compatible ways. In fact, the comparisons offered demonstrate that even international organizations such as the European Union have failed to fully consolidate their systems for mitigating their own risks of corruption and conflicts of interest.Providing a comprehensive study of the phenomenon of corruption and conflicts of interest from a comparative perspective, this book will prove vital for academics, NGOs and practitioners.Contributors: S.A. Aaronson, M.R. Abouharb, J.-B. Auby, M. Benedetti, E. Breen, E. Chiti, E. D'Alterio, H. Delzangles, L. Folliot-Lalliot, D. Gordon, G. Houillon, P. Lascoumes, Y. Marique, B.G. Mattarella, R.E. Messick, C. Moser, T. Paris, T. Perroud, C. Rose, S. Rose-Ackerman, P. Szarek Mason, Ç. Tansug, S. White

This paper discusses main findings of the Detailed Assessment of Observance of International Organization of Securities Commissions (IOSCO) Objectives and Principles of Securities Regulation in Italy. Italy exhibits a high level of implementation of the IOSCO principles. Overall the legal and regulatory framework is sound, and the regulatory authorities have developed extremely sophisticated arrangements for off-site supervision that have resulted in a robust system of supervision. However, these arrangements need to be complemented by additional on-site inspections to make the system more effective. In addition, the enforcement strategy should be continuously monitored to ensure that there is the right mix of tools to affect behavior.

Since 1971, when the Pentagon Papers were leaked to the New York Times and furious debate over First Amendment rights ensued, free-speech cases have emerged in rapid succession. Floyd Abrams has been on the front lines of nearly every one of these major cases, which is also to say that, more than any other person, he has forged this country's legal understanding of free speech. Litigating everything from national-security and prior-restraint issues to controversies concerning the law of libel and attempts by local officials to censor art, Abrams has worked devotedly to protect the First Amendment, the “crown jewel” of America's Constitution. This collection of Abrams's writings gathers speeches, articles, debates, briefs, oral arguments, and testimony from his entire career. The writings illuminate topics of ongoing import: WikiLeaks, the correctness of the Citizens United case, journalist shield laws, and, not least, the responsibilities of the press. An exceptional writer and a brilliant thinker, Abrams offers a unique perspective on the First Amendment and the unparalleled rights it confers.

Readers will analyze a number of issues relating to abortion and their rights, through a carefully selected collection of essays. Topics include the federal decriminalization of abortion and state laws concerning abortion, parental consent and involvement laws for minors seeking abortion, and public and personal opinion of abortion. Essays are drawn from a diverse selection of primary and secondary sources including journals, newspapers, position papers, and government documents, with particular emphasis on Supreme Court and other court decisions.

This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the'First Symposium on Public Procurement', a conference held in Rome last summer and to be repeated again yearly.As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which represent the four different parts in which this book is divided: Competitive dialogue and contractual design fostering innovation and need analysis, Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV's from award criteria, Retendering a contract for breach of procurement rules or changes to contract (contract execution), Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.

You've planned your revision and you know your subject inside out! But how do you apply what you have learned to get the best marks in the examination room? Routledge Q As give you the ideal opportunity to practice and refine your exam technique, helping you to apply your knowledge most effectively in an exam situation. Each book contains approximately fifty essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. Our authors have also highlighted common mistakes as well as offering you tips to achieve the very best marks. What's more, Routledge Q As are written by lecturers who are also examiners, giving you an exclusive insight into exactly what examiners are looking for in an answer. New editions for 2011-2012 include:An introduction, with essay-writing and exam preparation advice, written specifically to address the unique demands of the subject under consideration.‘Extra marks'text boxes offering tips and advice to help those students aiming for top marks to go the extra mile.? ‘Common Pitfalls'text boxes showing where students often trip up or highlighting areas of potential confusion, to help students avoid making some of these common mistakes.?Key cases and legislation, highlighted within the text for ease of reference. Boxed answer plans after each question, outlining the major points students should be aiming to convey in their answer. Books in the series are also supported by a companion website offering online essay-writing tutorials, podcasts, bonus Q As and multiple-choice questions to help you focus your revision more effectively.