Two centuries of norwegian constitution: between tradition and innovation - ebook (9789462743380)

Eleven international publishing

This volume is the final product of the congress that took place in Tromsø at the end of June 2014. Italy's Public Comparative and European Law Association (DPCE) wanted to celebrate the two century anniversary of the Norwegian Constitution organizing a seminar where a group of Italian scholars would focus on different parts and profiles of the Norwegian Constitutions and a number of Norwegian scholars would discuss and comment on their papers. The proceedings of the Tromsø seminar represent a good mix of domestic approach and external statements. The method of dialectic confrontation, founded on comparative law, should have been successful, but the last word is to the readers. What can be definitely said is that the meeting of national schools and the exchange of ideas and commentaries between scholars of different countries always helps the growing of scientific progress.

Agreed sums payable upon breach of an obligation - pascal hachem - ebook

Eleven international publishing

Courts, interpretation, the rule of law - ebook (9789460948671)

Eleven international publishing

This volume is a follow-up to the international conference `Courts, Interpretation, the Rule of Law, which was organized on October 19, 2012, at the Faculty of Law, University of Belgrade. This is an annual conference of the Serbian Association for Legal and Social Philosophy, which operates as the Serbian section of the International Association for Philosophy of Law and Social Philosophy (IVR). At the same time, the conference was convened as part of the ongoing project `Constitutionalism and Rule of Law in the Nation-State Building the Case of Serbia, which is funded by the Ministry of Science of the Republic of Serbia.

Law is too important to leave to lawyers - marijke malsch - ebook (9789089745507)

Eleven international publishing

Far-reaching changes are presently occurring in legal systems. The rule of law is becoming less self-evident in several countries worldwide. New types of crime - like organizational crime, human trafficking, money laundering and various types of online crime - are on the rise. Several miscarriages of justice have been detected worldwide, creating an imperative for in-depth analysis of their potential causes. The involvement of disciplines other than the legal in the court system is becoming increasingly important. A considerable challenge is posed by the communication between the legal discipline and the social sciences and forensic disciplines. This booklet, an enriched version of the author's inaugural lecture, examines the extent to which empirical studies are used in legal practice, how more extensive use could be promoted, and what risks are associated with these studies being ignored. The lecture also contains a look into the future: various new topics for research are presented. It thereby intends to help to promote further growth of the field of Empirical Legal Studies.

Towards sustainability - christine van basten bodin - ebook (9789460948565)

Eleven international publishing

This book covers the presentations held at the launching event of the Institute for Corporate Law, Governance and Innovation Policies (ICGI) at Maastricht University. The thought provoking presentations were held by three distinguished speakers: Willem Lageweg (Director of MVO Nederland and member of the ICGI Advisory Board), Prof. Dr. Jacqueline Cramer (Director of the Utrecht Sustainability Institute and Professor in Sustainable Innovation at Utrecht University) and Dr. André Veneman (Corporate Director Sustainability/Health Safety and Environment at AkzoNobel). In addition to these presentations, the inaugural lectures of Professor Eijsbouts and Professor De Hoo have been updated and are included in the book. This book is of interest not only to legal scholars and practitioners with an interest in the legal challenges brought about by the corporate social responsibility debate, but also for managers of stock quoted- as well as small- and medium sized companies.

Waste management in european law - ebook (9789460949678)

Eleven international publishing

A few years ago, almost daily television reports on the `waste crisis in the Campania, the region of Naples, showed vividly that waste management can become a rather nightmarish undertaking. Is this an Italian speciality or is it also more in general a complex and difficult subject? For many years already waste management is an activity regulated by European law. This book analyses the salient features of the relevant law by critically assessing the relevant instruments and the jurisprudence of both the European Court of Justice and the European Court of Human Rights. The Neapolitan waste crisis is used as a major point of reference.

Implementing eu environmental law in italy - - ebook

Eleven international publishing

Globalization versus regionalization - - ebook

Eleven international publishing

Climate change remedies - - ebook

Eleven international publishing

Arguments that work - renata uitz - ebook

Eleven international publishing

Shaping the law for global crises - jaap spier - ebook

Eleven international publishing

Frontline command - jelle groenendaal - ebook (9789462743458)

Eleven international publishing

Some frontline organizations presume that frontline command (defined as the direct supervision of frontline workers by frontline commanders) is required for frontline work to be effective. However, little scholarly effort has been devoted to investigate frontline command. This thesis therefore investigates the effectiveness of frontline command in the police organization responsible for major criminal investigation and the response organization of the fire service. Several research methods are used to get a better understanding of the degree to which frontline command can be studied. Contrary to the expectations of frontline organizations and many frontline commanders, the findings suggest that in current practice frontline commanders contribute to the effectiveness of frontline work only to a limited extent. However, in theory there is still a need for frontline command.This thesis suggests that frontline command can be appropriately studied and therefore calls for more empirical research to uncover the effects of frontline command and the degree to which it can be improved in practice. Implications for practice are provided.

Warnings and product liability - 2 civilology - sanne barbara pape - ebook

Eleven international publishing

Principles on climate obligations of enterprises - expert group on climate obligations of enterprises - ebook (9789059318113)

Eleven international publishing

Climate change is the most important challenge humankind ever faced. GHG emissions must be reduced at great pace and to a significant extent to keep global warming below fatal thresholds. This can only be achieved if the obligations of major players are sufficiently clear. The Principles on Climate Obligations of Enterprises' main focus is on the obligations of enterprises. They identify the reduction obligations, and articulate a series of related obligations. The Principles aim to provide a legal basis for active investment management and engagement geared at stimulating enterprises to comply with their legal obligations. This edition also contains obligations of accountants, credit rating agencies, (re)insurers and attorneys. An extensive commentary explains the Principles and their legal underpinning. The members of the Expert Group are: Jaap Spier, Bastiaan Kock, Brian J. Preston, Daniël Witte, Thomas Pogge, Philip Sutherland, Yann Aguila, Jörg Fedtke, Miquel Martin Casals, Qin Tianbao, Eva Schulev-Steindl, Jim Silk, Jessica Simor, and Elisabeth Steiner. “The principles, as now updated, can be taken as a fair indication as to how the law stands or is likely to develop.” Lord Carnwath, former Justice of the UK Supreme Court

Fair and just solutions - ebook (9789462742109)

Eleven international publishing

The title of this book, Fair and Just Solutions?, refers to the norm for the assessment of ownership claims to Nazi-looted art as codified in the so-called Washington Principles in 1998: If the pre-War owners of art that is found to have been confiscated by the Nazis and not subsequently restituted, or their heirs, can be identified, steps should be taken expeditiously to achieve a just and fair solution, recognizing this may vary according to the facts and circumstances surrounding a specific case. The question mark in the title is a reference to the lack of clarity surrounding this norm. What is 'sfair and just's? This publication aims to evaluate the status quo in the field of non-governmental restitution claims to Nazi-looted art. In addition, through contributions by leading experts and a discussion amongst stakeholders, it explores a way to move forward.

Boundaries and intersections - ebook (9789462741003)

Eleven international publishing

This book explores how the Convention on Contracts for the International Sale of Goods (CISG) interacts with non-uniform domestic laws, international laws and soft laws in jurisdictions around the world. It covers topics as diverse as: recent US federal court encounters with mthe CISG; roots and traces of the CISG in the Common European Sales Law (CESL); and potential coverage of `emotional defects by the CISG. Other chapters pose a novel approach to determining the CISGs scope or look beyond the CISG to future developments and directions. This volume is sure to provide food for thought for anyone advising on or interested in international commercial transactions, and is a valuable addition to the collections of academics and practitioners alike.

Islamic divorces in europe - pauline kruiniger - ebook (9789462741928)

Eleven international publishing

This book addresses the issue of the recognition of Islamic divorces in European states. Repudiation-based divorces are particularly notorious for their presumed violation of fundamental rights of women and are consequently often not recognized. The resulting limping of legal relationships affects other fundamental rights of the persons involved, such as the right to marry and the right of free movement. For this reason, the author scrutinizes classical Islamic divorce law and the contemporary divorce laws and practices of Egypt, Iran, Morocco and Pakistan, as well as the Dutch, English and French recognition policies and relevant EU (case) law. By introducing various soft and hard law solutions, she provides legal practitioners with the information and tools to tackle major shortcomings in the recognition of Islamic divorces. The book is therefore a mustread for legal practitioners such as registrars, notaries and members of the judiciary, as well as academics.

The plausibility of policy - vasco lub - ebook (9789462742253)

Eleven international publishing

The social domain has seen a growing debate on the effectiveness of public measures. The realisation is taking shape that the legitimacy of social policies such as the socialisation of vulnerable groups, anti-radicalisation programs or regeneration projects in deprived neighbourhoods has to go beyond the intuition that they `should work. But unlike methods in spheres such as medicine and healthcare, social programs typically have no sharp demarcation in time, intensity or target group and are implemented in a rich context of unforeseen and unknown variables. This makes it difficult (if not impossible) to assess their impact with research methods that centralise a monocausal effect.

Good, bad and next in public governance - - ebook

Eleven international publishing

Tortured reality - laura henderson - ebook

Eleven international publishing

Agricultural policy and eu competition law - anna gerbrandy, sybe de vries - ebook

Eleven international publishing

Interstate liability for climate change-related damage - elena kosolapova - ebook

Eleven international publishing

European human rights law a manual - dragoljub popovi - ebook

Eleven international publishing

Ideas in conflict - eric engle - ebook

Eleven international publishing

Keep moving - - ebook

Eleven international publishing

Between hobbes leviathan and smith's invisible hand - vincent buskens - ebook

Eleven international publishing

Shareholder democracy - - ebook

Eleven international publishing

The russian legal practitioner - w.e. butler - ebook

Eleven international publishing

Credit rating agency liability in europe - d.j. verheij - ebook (9789054549239)

Eleven international publishing

The credit rating industry called for many debates on its civil liability since the origin of the industry at the beginning of the twentieth century. In 2013, the Union legislature introduced a right to damages, which issuers and investors can directly enforce against credit rating agencies under Article 35a CRA Regulation. This provision has drawn attention because of its remarkable structure: Article 35a CRA Regulation introduced a legal ground for civil liability at the European level, while general tort law has not been harmonised at the European level. This book investigates Article 35a CRA Regulation from multiple legal perspectives. Combining EU law, Private International Law and Dutch, French, German and English national private law, this book answers the main question of whether Article 35a CRA Regulation achieves its post-crisis goal of being an adequate right of redress for issuers and investors whilst it has to be interpreted under various systems of national law. In answering this question, the book takes a broader European approach and also rates the usefulness of Article 35a CRA Regulation as a European template for civil liability to be used by the Union legislature.

The art of moving borders - ebook (9789051899603)

Eleven international publishing

This liber amicorum is dedicated to Prof. dr. Hildegard Schneider who has shaped the study of European migration and asylum law and was a pioneer in fighting against legal and practical barriers to free movement. Hildegard's profound impact on the faculty of law of Maastricht University is well noticeable due to her multidisciplinary research and teaching initiatives, the creation of several multidisciplinary institutes and because of her early emphasis on the societal relevance of legal research. Besides being an excellent academic and an exquisite professional in the field of European law, Hildegard is a true master of the 'art' of crossing borders. She is not only an expert in migration law, but has a profound knowledge of 'art law' as well, specifically when it comes to the import and export of cultural goods. In this book, we have gathered a collection of academic contributions about topics that are close to her heart written by persons that are dear to her. We hope we will continue crossing Hildegard many times in the future, wherever it may be. The contributors: Louis Berkvens, Anna Bolz, Sergio Carrera, Monica Claes, Sjoerd Claessens, Marie-Sophie de Clippele, David de Groot, Anna de Jong, Bruno De Witte, Bert Demarsin, Katharina Eisele, Michael Faure, Sacha Garben, Joel Günthardt, Kathrin Hamenstädt, Viola Heutger, Tiana Isacu, Patrícia Jerónimo, Moritz Jesse, Lavinia Kortese, Katja Lubina, Pauline Melin, Pim Mertens, Yuri Michielsen, Anke Moerland, Peter-Christian Müller-Graff, Phedon Nicolaides, Niels Philipsen, Sarah Schoenmaekers, Jan Smits, Martin Unfried, Stefaan Van den Bogaert, Anne Pieter van der Mei, Bastiaan van der Velden, Frans van der Velden, Lars van Vliet, Zvezda Vankova, Ellen Vos and Lisa Waddington. About the Maastricht Law Series: Created in 2018 by Boom juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed book series that allows researchers an excellent opportunity to showcase their work.

The last sharia court in europe - maurits berger - ebook (9789089746641)

Eleven international publishing

The only Sharia court that exists in Europe is located at the eastern tip of Greece. In this travelogue of his fieldtrips to the region, professor Maurits Berger gives a unique insight into the workings of that court. His encounters with Muftis, Muslims and Christians are interspersed with background information and personal reflections on the larger issues, such as religious courts, Islamic law, Turkish-Greek politics, Islam in Europe, minorities and human rights. This book is intended for anyone who is interested in today's issues of Muslims and Islam in Europe. The book is accompanied by unique film material about the mufti of the last Sharia Court in Europe.

Notes from isolation - ebook (9789089744500)

Eleven international publishing

This volume includes topics analysing the meaning of the Covid-19 pandemic and the social responses to it in various domains: from sex work to wildlife crimes, from new forms of social control in Brazil, Ecuador, Canada and Thailand to the role of music, the symbolism of face masks, the spreading of conspiracy theories, domestic violence, and more. It is composed of studies conducted by criminologists who belong to the 'Utrecht school'. Criminology 'Utrecht style' is unique in the world in the sense that cultural, critical and global criminology are central to its research and teaching programme, ethnographic and netnographic methods are rigorously applied and further developed. The researches here presented - in all their variety, improvisation, and cross-pollination - contribute to the body of cultural criminological work, and go beyond. They explore themes and concepts underexposed in cultural criminology so far, and contribute to the further growth of this academic perspective through their combined understandings of crime and social reactions under extreme social circumstances.

The impact of europeanization in cyprus contract law and the spill-over to matters of civil procedure - nicholas mouttotos - ebook (9789089745415)

Eleven international publishing

Major processes of transformation in the legal system of Cyprus have only begun as a result of the effects of the financial crisis, despite initial hopes of combining accession with modernization of the law. Over-indebtedness problems and court congestion have been the impetus for change, with the EU having a major role in the adopted solutions. This book aims at examining the impact of European contract law and civil procedure upon the legal system of Cyprus, taking into account its mixed elements and whether these elements have contributed towards a smooth reception of EU law. The analysis in this book focuses on contract law and civil procedure. The New Deal for Consumers and the recent emphasis on ensuring the effectiveness of EU (consumer) law is an important part of the study. The analysis of the jurisprudence from Cyprus and the cross-comparisons with other jurisdictions are available to both Cypriot jurists and academics on the one hand, and jurists and academics of comparative and European contract law on the other.

Family group conference research - ebook (9789089744913)

Eleven international publishing

In social care, mobilizing network support is a topical issue. Networks are at the heart of Family Group Conferencing, or Family Group Decision Making. FGC originated in New Zealand but has spread to many countries worldwide. In this book, FGC researchers with different methodological orientations discuss their findings and reflect candidly on the methodological choices they made and the challenges faced. The 'what works' versus 'context' controversy in social work research is highlighted from different perspectives. Moreover, the interaction between FGC and the care system in which it is embedded, is illustrated through a variety of disciplines including governance studies, law, and economic analysis. The wealth of insights collated make this book unique. The book is relevant for researchers, care professionals and (inter-) national policy makers. They will benefit from the experiences and visions shared in this book. Ten different research teams have contributed to this book. The editors are associate professors at Erasmus University, Rotterdam. This publication was financially supported by the Netherlands Organization for Scientific Research and the Municipality of Rotterdam.

Terrorism and counterterrorism after the caliphate - ebook (9789059316485)

Eleven international publishing

The Islamic State (ISIS) perplexed the world when its leader Abu Bakr Al-Baghdadi declared a caliphate in 2014. This declaration was not just followed by territorial expansion, but also by several new developments in terrorism's actors, ideology, methods and geopolitics. Terrorism and Counterterrorism after the Caliphate analyzes these new developments in terrorism and counterterrorism in the wake of the ISIS-caliphate. This multidisciplinary volume combines legal, philosophical and international relations perspectives in two main lines of inquiry. First, the concepts relevant to terrorism and counter-terrorism studies are analyzed, such as the status of the 'caliphate', the role of 'ideology' and the links with 'militant democracy'. Second, country-specific contributions discuss the latest developments in terrorism and counterterrorism in Belgium, the Netherlands, Germany, Italy and the United States. Terrorism and Counterterrorism after the Caliphate is essential reading for researchers and policy makers alike, grappling with the postcaliphate world of terrorism. The book constitutes a timely follow-up to earlier volumes in which Leiden Jurisprudence researchers collaborated with other Dutch and international scholars on the issues of terrorism, counter-terrorism and militant democracy: Terrorism: Ideology, Law and Policy (2011), The State of Exception and Militant Democracy in a Time of Terror (2012) and Militant Democracy - Political Science, Law and Philosophy (2018). Afshin Ellian is Professor of Jurisprudence at Leiden University. His latest book is Reflections on Democracy in the European Union (2020, as coeditor). Bastiaan Rijpkema is Associate Professor of Jurisprudence at Leiden University. His most recent book is Militant Democracy: The Limits of Democratic Tolerance (2018). Gelijn Molier is Associate Professor of Jurisprudence at Leiden University. In 2018 he co-edited Strijd om de democratie: essays over democratische zelfverdediging [Struggle for democracy: essays on democratic selfdefense]

Populism and democracy - ebook (9789054546696)

Eleven international publishing

Are liberal democracies in decline? If they are, what role does populism play in this? What can and should democracies do to defend their core features against 'democratic decay'? And which features can be considered essential? These are difficult questions further complicated by the realisation that their answers depend on perspective. Populism and democratic decay are global phenomena but they play out differently in different countries and regions. They also cannot be properly understood through the lens of one discipline alone. This book brings together scholars of political science and law, who look at populism, democratic decay, and possible means to protect democratic constitutionalism from global, regional (European) and national angles. The book is made up of two parts. The first part discusses general aspects of populism. The second part of the book consists of seven country reports and one regional report; each analysing the success or failure of national constitutional safeguards against populism in the local constitutional and socio-political context. From East-Central Europe to the United Kingdom, from Italy to the Philippines, the pictures painted in these articles are diverse, yet enlightening and relevant from a comparative perspective. This volume is part of a research project on populism and democracy conducted at Maastricht University, Faculty of Law, and funded by the Statesman Thorbecke Fund at the Dutch Royal Academy of Sciences (knaw).

A critical approach to police science - ebook (9789462749573)

Eleven international publishing

The social, economic and technological developments of the late modern society have radically changed policing approaches both at national and supranational levels. With the anti-terrorism discourse and the global crises of mobilities, the security needs of citizens is now at the pinnacle of government priorities. At the same time, traditional law enforcement faces an epistemological crisis through the digitalisation and privatization of security. Governments, and especially the police, are expected to either prevent or respond to security threats, and if necessary, to ensure order through rigorous measures. The traditional means of policing, however, is met with increasing difficulties to sustain their legitimacy on all fronts. Regarding the current subject of public security, several challenges can be identified. The shifting relationship between organizational and management rules between the state and other governing bodies, the use of new technologies, and the fusion of different security units, such as intelligence services, the military, and the police, all contribute to new tensions in policing practices. These changes urge the need of a reflective policing science and the adaptation of existing theoretical approaches. Although several conceptual differentiations are made between policing practices, hardly any theoretical studies discuss the implication of current contextual differences between traditional welfare states and post-transitional societies. This book provides a critical interdisciplinary approach through contextualized thematic analyses of policing practices after the digital turn. All topics are discussed from different conceptual perspectives, and will assess how digitalization, global threats and privatization have changed traditional policing approaches. While challenging existing theoretical approaches in Anglo-Saxon policing studies, this editorial volume aims to promote critical law enforcement studies and the need for more empirical research and new conceptual methodologies in a digitized society.

Facilitating cross-border real estate transactions in europe - katja zimmermann - ebook (9789089748935)

Eleven international publishing

The acquisition of a plot of land is a complex legal transaction. When a foreign element is added to this transaction, the complexity inevitably increases. In the interest of promoting the proper functioning of the EU internal market, this study investigates how this complexity can be reduced. To this end, it offers an in-depth study ofthe land registration systems of the Netherlands, Germany, and England & Wales to understand how differentland registration systems unfold in legal practice. It then provides an overview of the various challenges that are faced by the different stakeholders that are involved in these transactions. Subsequently, the already existing initiatives, that aim to contribute to a facilitation of cross-border real estate transactions, are discussed. After having synchronized the identified challenges with the solutions provided by these initiatives, different strategies to further reduce the remaining challenges are evaluated. Given that the study is enriched with insights from the reality of legal practice, it is of interest to academics and (legal) practitioners in the field.

Legal shape-shifting - j.m. breemen - ebook (9789089740656)

Eleven international publishing

Struggles over resources are not new for indigenous peoples. One of the latest arenas for recognition of their rights regards their intangibles, such as the protection of their traditional cultural expressions (TCEs). Most attention for protection from unauthorised use has occurred in the sphere of intellectual property law, notably copyright law. However, both protection arguments and context indicate wider implications of the issue, which include preservation of cultural heritage and exercise and enjoyment of human rights such as the rights to self-determination and participation in cultural life. This book breaks new ground by pursuing a transdisciplinary approach in support of the argument that the protection of TCEs cannot be viewed as an isolated issue of intellectual property. In addition to copyright law, the extensive analysis also includes the legal frameworks of cultural heritage and human rights law in order to uncover shared central values to guide efforts and approaches to TCE protection in going forward. Operationalisation of the shared central values can guide the process of moving towards a more comprehensive perspective of the protection of TCEs. Hence, the main aim of the book is to demonstrate the strength of looking across the boundaries of legal domains and mandates and to argue the necessity of pursuing a diverse legal and policy response. With its novel approach and thorough analysis, covering three legal frameworks not usually connected in such an integrated way, the book offers a significant contribution to the field of protection of traditional knowledge and cultural expressions. It is highly relevant for interest groups, scholars, students and professionals in the areas of (international) intellectual property law, cultural heritage and human rights, with a specific focus on cultural rights, the rights of indigenous peoples and heritage. About the author J.M. (Kelly) Breemen is a researcher in information law, cultural heritage and human rights. She graduated in information law from the University of Amsterdam's Institute for Information Law (Research Master, cum laude, 2012). In 2018, she successfully defended her PhD at the same university and Institute. She was awarded the Witteveen Memorial Fellowship in Law & Humanities from Tilburg University in 2018 to further develop her research with a project on indigenous heritage in digital libraries, intellectual property and human rights.

Perspectives of eu pension law to facilitate worker mobility and sustainability of pensions - e.s. schmidt - ebook (9789059315686)

Eleven international publishing

European pension law is a topic that does not always receive the attention it deserves. For many years, the European Union has made efforts to bring the benefits of the EU single market to the realm of occupational pensions with some remarkable successes. However, some aspects of the EU's pension law and policy remain incomplete for a number of reasons. This book studies European (occupational) pension law from the perspective of a pension scheme member by looking at the prerogatives of the EU in the field of occupational pensions and the history of its involvement with the topic. It then assesses the results of those efforts from a pension scheme member's point of view. It does this not just by examining legislation such as the IORP II Directive or the Supplementary Pension Rights Directive, but also Commission Communications, the legislative processes leading up to adopted legislation and failed attempts at legislation. Finally, it studies the recent PEPP Regulation - a personal pension product that could offer lessons for EU occupational pension law.