While global constitutional ideas migrate across countries, continents, agencies and institutions, internationally accepted principles of constitutionalism and human rights influence national governments that have been able to keep their sovereignty. This book looks into the fascinating question of convergence and sovereignty by approaching the issue from various angels: the use of foreign and international law in national constitution-making and constitutional interpretation on the one hand, and the use of international human rights by domestic courts on the other. The book covers ten countries through different perspectives, focussing on the interplay between the national jurisdiction and international and foreign law. The author argues that despite the different postures towards the use of foreign and international law, constitutionalism and judicial review have `gone global, and there is definitely a growing horizontal communication between constitutional systems. The consequence of this development is the emergence of a `transnational or cosmopolitan constitutionalism. According to the author, this process can be sped up by the inevitable constitutionalization of international law.
This book examines the African Union Convention on the Protection and Assistance of Internally Displaced Persons known as the Kampala Convention which entered into force on 6 December 2012. The book sets out the shortcomings of international law relating to internal displacement, more specifically the `protection gap. The author shows how the Kampala Convention not only fills this protection gap, but also how it contributes to the overall development of norms in international, regional and national laws governing internal displacement. The book is of interest to scholars of international law and human rights, as well as to experts in peace and security and practitioners in humanitarian organizations, the African Union, the United Nations, and Regional
Economic Communities.
Arbitration is still a time- and cost-efficient, professional way of resolving cross-border disputes. However, its advantages seem to vanish if one party is obstructive and tries to delay or even sabotage the proceedings. For example, a party may initiate state court proceedings in violation of the arbitration agreement, refuse to pay the advance on costs or fail to follow a document production order of the arbitral tribunal. This work first deals with the obligations that arise from an arbitration agreement. Subsequently, the author introduces 'obstructionist behavior' as a generic term and identifies situations in which, according to case law, mere tactical behavior turns into obstructionist behavior. Finally, the author extensively discusses measures against obstructionist behavior such as adverse inferences, interim measures and astreintes. The author examines the jurisdictions of Switzerland, England, the US and France as well as the established arbitration rules. As this work relies to a substantial extent on unpublished ICC arbitral awards, the author provides a valuable insight in arbitral tribunals dealings with obstructionist parties.
This book provides a roadmap of the law applicable to the food sector in the EU. Rules and regulations are to be found at the international level, the European level and the private sector level. National legislation of the individual Member States is not covered in this book. International food law largely is a meta-framework providing models and setting limits to the way states and other entities, such as the EU, regulate the food sector. The Codex Alimentarius plays a central role at the international level. European law comprises a mix of rules. In the food sector the core of European food law can be found in a Regulation best known as the 'General Food Law' Regulation. An increasing number of EU Regulations applicable in this field directly address consumers and businesses in the same way national legislation does. In addition, there are EU directives requiring Member States to include harmonized provisions in their national legal system. Finally, the private sector has formulated schemes consisting of private standards that are embedded in certification procedures. These schemes are based on EU legislation taking it beyond the borders of the EU, elaborating it in more detail or simply ensuring compliance. Some schemes are based on international models.
The roadmap provides an overview of the structure and content of food law in such a way that it is clear which rules are applicable. As the food sector has become one of the most heavily regulated sectors in the EU, a book that specifically deals with the law in this field cannot fail to be of importance to anyone interested in food law.
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.
This book deals with the topic of shareholder democracy from a comparative point of view. Shareholders have important rights which they can exercise democratically at the general meeting. They have the power to control and supervise management of the company. The term shareholder democracy relates to the different ways in which shareholders can influence or even determine a company's course of life. One of the disadvantages of shareholder democracy is a risk that most democratic systems face - it can lead to opportunistic behaviour of, in this case, influential shareholders with personal interests which are not in line with the interest of the company. Globalizing financial markets call for a general debate of this topic in an international context. Shareholder democracy does not only play a part in takeover situations, it touches the very core of every company law system. The position of shareholders within the company model, for example, influences the corporate interest definition, which in turn has significant consequences for the position of the board of directors. This book places the topic of shareholder democracy in an international context. It contains contributions from authors from various Legal systems discussing the issue of shareholder democracy within their own jurisdiction. The book covers among other topics the power of shareholders in Germany, the UK, South Africa, Belgium and the Netherlands.
Money laundering is criminalised virtually all around the world and has been a law enforcement priority since the early 1990s. The international nature of money laundering, combined with estimations on the scope and the distorting effects it may bring about, make it a grave danger to national and international financial markets. At the same time monehy laundering is considred to be a danger to society due to its strong interaction with organised drugs and white-collar crime. Over the years a 'twin-track approach'has been developed, aiming at the prevention of money laundering on the one hand, and punishing the money launderers on the other.
This book analyses the effectiveness of the anti-money laundering supervision of banks, real estate agents and accountants in the Netherlands, Spain, Sweden and the United Kingdom. It thoroughly analyses the legislation, the institutional settings and competences of anti-money laundering supervisors, as well as the application of these competences in practice. Based on this analysis, a number of recommendations for the EU legislators and the national legislators are formulated in order to strengthen and increase the effectiveness of anti-money laundering supervision.
The essays in this volume span a broad array of geographic conditions, historical experiences, and legal systems. Each offers valuable insights in its own right, but collectively they take useful positions on the theory and practice of borrowing legal ideas, with a special emphasis on the role of the legislature. Each essay presents a view on how legal transplantation and synthesis happensin the moment of constitutional creation or as an ongoing exercise in regular lawmakingand whether it is a coherent and valuable practice. The essays in this volume suggest that culture and institutions stand in a dialectical relationship: informality can yield relatively informed, robust choices to borrow legal ideas where an encouraging culture exists. Where cultural resistance to borrowing prevails, increased formality may be the best antidote to surreptitious or poorly considered efforts at ideological takings
This volume is a follow-up to the conference `Constitutional Review and Democracy' organized from 24 to 25 November 2013 at the Faculty of Law, University of Belgrade. The conference was convened as part of the ongoing project `Constitutionalism and Rule of Law in the Nation-State Building - the Case of Serbia'. The aim of this volume is to shed new light on the complex relation between democracy and judicial review of constitutionality. The book starts off with some general and theoretical aspects of the debate. The second part discusses constitutional review in the European transnational setting, while the third part explores the dynamics between parliaments and highest courts in constitutional democracies without the formalized constitutional review. Finally, the book addresses the role of constitutional review in the processes of democratic transition and consolidation.
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.
Through a comparative review of eight legal systems, this book examines the legal aspects of parenthood and nationality following inter-country surrogacy arrangements and the influence of European and international human rights law on the determination of parentage, the establishment of nationality and the prevention of statelessness as well as identity rights, continuation of relationship rights and, more broadly, child protection. This research considers whether national laws on parenthood and the establishment of nationality sufficiently protect the interests of surrogate-born children and the parties to a surrogacy arrangement in accordance with identifiable standards under European and international human rights law. Soft law and hard law recommendations are provided to protect the interests of these children.
Legal English is a professional language. This means that
a good command of ordinary English does not make a
student automatically proficient in legal English. Many
foreign law students on English language programmes
experience problems when suddenly all their lectures,
textbooks, discussions and written work have to be in
English. A lack of familiarity with legal English can
seriously impede their progress. And a command of legal
English is not just a desirable academic skill. It has become
an absolute `must' for today's legal professionals working
in internationally orientated law firms.
This book is designed for law students who have followed
their law studies in a language other than English.
Textbooks on English law are too detailed for those who
want to understand English legal terminology rather than
English law itself. Legal dictionaries are useful but, as the
words are ordered alphabetically, terms are treated in
isolation.
This book offers:
o vocabularies providing sets of legal terminology
associated with the legal system, civil procedure,
EU law, tort, contract law and company law;
o text putting the terms in the vocabulary into their
legal context;
o case discussion questions in order to practice using
the terminology;
o knowledge questions to ensure that the reader has
understood the legal concepts.
As well as being useful to law students, the book is also a
practical introduction to basic legal concepts and reasoning
for non-lawyers.
Protection of the Roma Minority under International and European Law is a comprehensive coverage of all international legal aspects relating to the protection of Europe's biggest minority group, the Roma. This book combines a practical approach with in-depth analysis, based on the most up-to-date international documents and more than 160 international and national cases. A unique comparison is made with respect to the similarities of indigenous peoples and the Roma. Issues of indigenous peoples are highly featured in the work of the United Nations, and as such the possibility of extending this protection to the Roma - besides Article 27 of the ICCPR - is analysed. At the European level, the author covers the relevant case-law of the European Court of Human Rights and the European Court of Justice, as well as that of the OSCE, the Council of Europe, the European Committee of Social Rights, and the EU. Besides material law, the book also guides the reader in procedural aspects by advising on which forum to choose for a Roma-related discrimination case.
This publication contains a set of 26 EU Cross-Border Insolvency Court-to-Court Cooperation Principles (`EU JudgeCo Principles') and 18 EU Cross-Border Insolvency Court-to-Court Communications Guidelines (`EU JudgeCo Guidelines'). These EU JudgeCo Principles will strengthen efficient and effective communication between courts in EU Member States in insolvency cases with cross-border effects. They have been produced in a period of two years (2013-2014), developed by a team of scholars of Leiden Law School and Nottingham Law School, in collaboration with some 50 experts, including 25 judges representing just as many different EU countries. The principles are set in EU stone, in that they especially function within the framework of the EU Insolvency Regulation. The texts have been aligned with the text of the recast of the Regulation, as published early December 2014.
The EU JudgeCo Principles try to overcome present obstacles for courts in EU Member States such as formalistic and detailed national procedural law, concerns about a judge's impartiality, uneasiness with the use of certain legal concepts and terms, and, evidently, language. The texts further build on existing experience and tested resources, especially in cross-border cases in North America, but tailor-made into an EU insolvency law context. These Principles include a set of very practical EU JudgeCo Guidelines to facilitate communications in individual cross-border cases. The project was funded by the European Union and the International Insolvency Institute (III) (www.iiiglobal.org) and we thank both sponsors for their continued support.
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 'fair and just'?
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.
Proponents of multiculturalism do not usually subscribe to Islamist goals. Yet, across Europe, these are being furthered. Sharia councils are deeply at odds with Western moral and legal principles of equality, freedom and justice. But high-profile multiculturalists tend to present a romanticised view of these councils, which obscures both the ideology that motivates them and their practical consequences. Are Sharia councils a legitimate expression of the longing for identity, as multiculturalists claim? What do Islamists really want? And why do multiculturalists find it so difficult to counter their claims?
Choosing Sharia? explores the implications of multiculturalism and Islamic fundamentalism. It provides a vivid account of what really goes on inside Sharia councils, and discusses the challenges they pose to liberal democracy. With impressive clarity, this vitally important book offers insight into two ideologies crucial to Europe's future.
This book contains an up-to-date analysis on the legal aspects of nuclear non-proliferation
and disarmament. It scrutinizes the effectiveness, the limits, the adaptation, and the future
challenges of the regime on the control of nuclear weapons which is still based on the 1968
Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and supported by the IAEA
controls.
It also deals with new challenges to the non-proliferation legal order deriving mainly from
new nuclear weapon states, the North Korean withdrawal from the NPT, the Iranian nuclear
programs, activities of non-state actors, the easier access of states and other entities to sensitive
materials, the still remote entry into force of the Comprehensive Test Ban Treaty and the
debate on a fissile material cut-off treaty.
As nuclear proliferation and disarmament are among the main threats to international peace
and security, this publication is also of interest outside the circle of academics and
practitioners in the field.
EU Member States must continually review their anti-corruption policy and regulation to ensure that they provide effective, proportionate and dissuasive criminal penalties to protect the financial interests of the EU. Best practices from other countries can provide guidance. The US practice of negotiated settlements for corruption offences has proven to be of growing importance and the spread of such settlements as a mechanism for anti-corruption enforcement in other countries raises the question of how the EU should respond to this development. Do negotiated settlements align with the particular character of European criminal law enforcement systems? What socio-economic, political or legal factors affect the use of negotiated settlements in Europe? National rapporteurs and experts considered such questions in order to evaluate the practice of negotiated settlements from a European perspective at a 2014 seminar on Negotiated Settlements for Corruption Offences: A European Perspective sponsored by the European Anti-Fraud Office and The Hague University of Applied Sciences. Their findings are presented here in this volume.
Contributing national rapporteurs are Alan Bacarese, Paola Mariani, Arkadiusz Matusiak, Anna Oehmichen, Maud Perdriel-Vaissière, Claes Sandgren, Gerben Smid, Tina Søreide, Karolina Stawicka and Karin van Wingerde. Paul Arlman, Hans de Doelder, Jan Eijsbouts, Sharon Oded and Jaap de Zwaan provided expert opinions.
What role, skills, and ethics should legal professionals have in order to contribute meaningfully to the challenges of contemporary societies? How should universities prepare students for their future roles as lawyers, judges,or legal scholars?
In her inaugural lecture, Elaine Mak discusses the origin and the emergence of the T-shaped lawyer perspective, which has become a prominent topic of debate in law schools and legal practice. She demonstrates how organisational demands for public management reform and a societal demand for digitalisation and globalisation have prompted an emphasis on technological awareness, interdisciplinary skills, and social responsiveness of legal professionals. Based on a critical analysis, Mak argues that contemporary legal education should encompass three main elements: differentiation to allow for generalists, specialists, and interdisciplinary legal professionals; Bildung to develop a critical view on the legal professional's role; and training aimed at handling professional ethical dilemmas.
This book sets out to answer two main questions: what is the status quo of the position of Dutch works councils in multinational corporations? And which tools within the Dutch legal framework can be utilised in order to secure the successful involvement of the works council in the decision-making process in light of the increasingly globalised economy?
The findings show that many participation rights are frequently used in practice, but not always. The inventory of good practices further revealed that a multitude of potential solutions are applied in practice. They show that, through negotiation and long-term experiences with participation mechanisms, tailor-made employee participation processes can be achieved.
Overall, the position of the examined Dutch works councils is solid. However, works councils, management and supervisory boards and other stakeholders need to work on several aspects in order to improve the position of works councils and to safeguard their statutory rights - a theme that is emphasised throughout this study.
When you buy a home, should that also mean you have to inform the whole world where you live, how much you paid for it, and whether you financed the purchase with a mortgage loan? In essence, the Netherlands and England & Wales answer this question in the affirmative. The only thing that stands in the way of anyone accessing this information in the land registry is the payment of a small fee. In Germany, on the other hand, access to this personal data is restricted to the person who can show a legitimate interest in the information.
This study examines the principle of publicity of property rights and how it has developed in light of technological advances made in information collection, processing, and dissemination. How does this publicity principle and its practical application in land registries hold up against the fundamental rights to privacy and data protection?
As such, the study may be of interest to legislators, conveyancing professionals, as well as other researchers.
This is the published version of the first Maastricht Private Law Lecture which was delivered by Reinhard Zimmermann on 27 January 2017. According to a widely held view, the law of succession is shaped by the cultural values of the society within which it prevails. Related to this is the perception that the law of succession is marked by great stability. It is thus resistant both to change and to legal harmonization. Comparative research, too, has traditionally been regarded as impractical and unrewarding. In his lecture Zimmermann challenges this view. He points to transsystemic constants as well as transsystemic tendencies of development, to outdated peculiarities and thinking patterns as well as to the benefits to be gained by critical reflection, and he analyses historical examples of the phenomenon of legal charge and the reception of rules and ideas. The focus is, throughout, on two central problem areas within the province of the law of succession: testamentary formalities and the intestate succession regime. Insofar as it obstructs or prevents a critical comparative discourse in this field, the 'legal culture' thesis, according to Zimmermann, must be rejected.
De ontwikkeling van strafrecht in het kader van de Europese Unie kan niet of nauwelijks op enthousiasme rekenen. Het ontbreekt aan 'Europese idealen' die het EU-strafrecht (meer) overtuigingskracht zouden kunnen geven. In zijn oratie gaat prof. mr. P.A.M. Verrest op zoek naar die Europese idealen. Een aanknopingspunt vindt hij in de strafrechtwetenschap in de negentiende eeuw, die vreemd genoeg veel Europeser was dan nu. Waar waren de Europese idealen van toen op gebaseerd? Het strafrecht werd gezien als dialectisch proces, en rechtsvergelijking als belangrijkste middel om tot verbetering van het eigen recht te komen. Wat volgt is een inspirerend verhaal over de theorie en de praktijk van de totstandkoming van het EU-strafrecht, afgezet tegen deze 'oude' Europese idealen. Dat leidt uiteindelijk tot zeer concrete aanbevelingen voor de ontwikkeling van het strafrecht in de Europese Unie. In die aanbevelingen staat het belang van rechtsvergelijkend onderzoek centraal. Tot besluit volgen nog enkele rechtsvergelijkende aandachtspunten voor de op handen zijnde modernisering van het Wetboek van Strafvordering.
