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Author: Basil Markesinis Publisher: ISBN: 9781472560414 Category : Comparative law Languages : en Pages : 452
Book Description
The number of books about foreign or comparative law or comparative methodology has grown over the years - in Europe because of European integration, the world over because of the globalization phenomenon. This book discusses about foreign law, the law of a country other than that of the 'national' lawyer, and how to engage with it.
Author: Basil Markesinis Publisher: ISBN: 9781472560414 Category : Comparative law Languages : en Pages : 452
Book Description
The number of books about foreign or comparative law or comparative methodology has grown over the years - in Europe because of European integration, the world over because of the globalization phenomenon. This book discusses about foreign law, the law of a country other than that of the 'national' lawyer, and how to engage with it.
Author: Basil S Markesinis Publisher: Bloomsbury Publishing ISBN: 184731497X Category : Law Languages : en Pages : 464
Book Description
This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.
Author: J. F. R. Boddens Hosang Publisher: Oxford University Press, USA ISBN: 0198853882 Category : Law Languages : en Pages : 369
Book Description
The book systematically analyses the relationship and interaction between rules of engagement (ROE) and the legal framework regulating armed conflicts, both at the international and national levels. At the international level, the relationship between ROE and human rights law and international humanitarian law is explored. At the national level, the book relates ROE to (comparative) criminal law. A separate chapter analyses the complex relationship between self-defence law and rules of engagement. It is the first monograph to comprehensively examine these issues and to analyse how ROE interact with the various sources of the (international) law of military operations, both in terms of the law as a source for these rules and how the law is reflected and implemented through them. In doing so, and based on the author's own experience, the book provides examples of how complicated, often controversial issues of law can be resolved while keeping the rules understandable at all levels of military operations. Aimed at both scholars and practitioners, the book provides a bridge between the academic world and the operational world. It provides new insights for both of those audiences in terms of understanding how the law applies to - and through - the rules on the use of force for military operations.
Author: María Campo Comba Publisher: Springer Nature ISBN: 3030614816 Category : Law Languages : en Pages : 380
Book Description
This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.
Author: Susan Harris Rimmer Publisher: Edward Elgar Publishing ISBN: 1785363921 Category : LAW Languages : en Pages : 592
Book Description
For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.
Author: Eithne Dowds Publisher: Bloomsbury Publishing ISBN: 1509921915 Category : Law Languages : en Pages : 280
Book Description
This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.
Author: André Nollkaemper Publisher: Oxford University Press ISBN: 0192864181 Category : Law Languages : en Pages : 465
Book Description
The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.
Author: Ljiljana Biukovic Publisher: Edward Elgar Publishing ISBN: 1785367196 Category : Languages : en Pages : 304
Book Description
Providing an analysis of global regulation and the impact of international organizations on domestic laws, this collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. The common thread of the papers in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining.
Author: Basil Markesinis
Author: Basil Markesinis
Author: Basil S Markesinis
Author: Basil S Markesinis
Author: J. F. R. Boddens Hosang
Author: María Campo Comba
Author: Susan Harris Rimmer
Author: Edith Brown Weiss
Author: Eithne Dowds
Author: André Nollkaemper
Author: Ljiljana Biukovic