Alemann Florian Von
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Alemann Florian Von
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Author : Marten Breuer
language : en
Publisher:
Release Date : 2013
Alemann Florian Von written by Marten Breuer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
The Exercise Of Public Authority By International Institutions
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Author : Armin Bogdandy
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-02-11
The Exercise Of Public Authority By International Institutions written by Armin Bogdandy and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-11 with Law categories.
The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http://www.germanlawjournal.com). We would like to express our sincere gratitude to the journal’s editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.
Peace Through International Law
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Author : Georg Nolte
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-10-03
Peace Through International Law written by Georg Nolte and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-03 with Law categories.
Georg Nolte Excellencies, dear Colleagues, Ladies and Gentlemen, I welcome you to our colloquium on the occasion of the sixtieth an- versary of the International Law Commission. The Ludwig Maximilians University of Munich and the Humboldt University of Berlin are happy that you have followed our invitation. We are particularly proud that a majority of the members of the Int- national Law Commission have accepted our invitation. The presence of one former member of the Commission deserves special mention: Bruno Simma is now not only a Judge at the International Court of J- tice but also, if I may say so, the “local hero”, having held the wond- ful Chair for International Law at the University of Munich for more than thirty years. He is still living in Munich when he is not in The Hague. We are glad that participants have come from nearby, from neighbouring regions and countries, as well as from countries as far away as Brazil and China. I am personally very content that our group represents a fine mixture of experienced international lawyers and younger colleagues and students. This composition gives us the opp- tunity for fruitful exchanges, and for the ILC to reach out and to - ceive feedback. The International Law Commission needs no introduction. Like a few happy persons, at age sixty it can look back onto a largely successful - reer.
The Three Branches
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Author : Christoph Möllers
language : en
Publisher: Oxford University Press
Release Date : 2013-03-14
The Three Branches written by Christoph Möllers and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Law categories.
The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.
Israel And The Palestinian Refugees
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Author : Eyal Benvenisti
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-02-17
Israel And The Palestinian Refugees written by Eyal Benvenisti and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-17 with Law categories.
This book offers diverse perspectives on the Palestinian refugee problem and the possible ways to facilitate its resolution. It contains contributions of Israeli, Palestinian and other scholars, and its main goal is to initiate an informed dialogue that will bridge the "knowledge gap" between the different camps. The book provides a comprehensive picture of the various aspects of the problem and of the possible means of its resolution.
Legitimacy In International Law
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Author : Rüdiger Wolfrum
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-02-26
Legitimacy In International Law written by Rüdiger Wolfrum and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-26 with Law categories.
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
The European Court Of Human Rights Overwhelmed By Applications Problems And Possible Solutions
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Author : Rüdiger Wolfrum
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-04-21
The European Court Of Human Rights Overwhelmed By Applications Problems And Possible Solutions written by Rüdiger Wolfrum and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-21 with Law categories.
The European Court of Human Rights is faced with a huge and ev- growing workload. Up until 1998, the Court pronounced only 837 judgments, while it rendered 4. 000 judgments in the last three years alone. On 18 September 2008, the European Court of Human Rights th delivered its 10. 000 judgment; currently, there are some 100. 000 cases pending before the Court. This enormous caseload is both a testimony to the Court’s success and of the considerable threat posed to the eff- tiveness of the protection of the rights and freedoms guaranteed by the European Convention on Human Rights and its Protocols. Moreover, Protocol No. 14, which was intended to alleviate the problem by - creasing the efficiency of the Court, is still not in force. This publication is intended to contribute to the ongoing discussion about the reforms that are necessary to prevent a failure of the Eu- pean system of human rights protection. It compiles the contributions of a workshop which took place on 17-18 December 2007 at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and the discussions following the presentations. The c- vening of this workshop was recommended by Christian Tomuschat. The conference brought together academics and practitioners and thus offered an excellent opportunity for the discussion of possible - proaches to the dilemma.
Religion In The Public Sphere A Comparative Analysis Of German Israeli American And International Law
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Author : Winfried Brugger
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-06-22
Religion In The Public Sphere A Comparative Analysis Of German Israeli American And International Law written by Winfried Brugger and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-22 with Law categories.
How closely connected should church and state be? May a state endorse the role and meaning of religion at all? Can it treat distinct religious groups differently? This book addresses these questions and more through a portrayal and comparison of the legal systems of Germany, Israel, France, and the United States. This thought-provoking book brings the often opposing demands of religious and secular freedoms into clear focus.
The Global Administrative Law Of Science
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Author : Matthias Ruffert
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-06-21
The Global Administrative Law Of Science written by Matthias Ruffert and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-21 with Law categories.
We live in a world of science. Yet this is impossible without a legally guaranteed freedom to practise it. Findings with regard to the elements of such freedom can be deduced from an analysis of international and domestic provisions and principles. There are a plethora of international institutions, legal rules and global norms for the purpose of the international governance of science. The institutions and rules are to be interpreted in light of this freedom to guarantee the continuous existence of the knowledge-based society by means of a global administrative law of science. These aspects were analysed in a research project funded by the German Research Foundation. The book’s purpose is to present the jurisprudential results. In addition, empirical results are collected in a freely available database. The study is composed of 5 parts: The Concept of Science/Global Administrative Law/Constitutional Basis: The Freedom of Science/Institutional Design/Governance Mechanisms.
The Outer Limits Of The Continental Shelf
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Author : Suzette V. Suarez
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-06-26
The Outer Limits Of The Continental Shelf written by Suzette V. Suarez and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-26 with Science categories.
A. The Outer Limits of the Continental Shelf The 1982 United Nations Convention on the Law of the Sea (herein- ter the “Convention”) marks the beginning of a new era in the law of 1 the sea. The negotiations for this treaty at the Third United Nations Conference for the Law of the Sea (hereinafter “UNCLOS III”), lasted for nine years, from 1973 to 1982. The Convention regulates the principal aspects of international oceans affairs. It establishes and fixes the limits of maritime zones, provides for the rights and duties of states in these zones, establishes the law app- cable in the international seabed area on the basis of the principle of common heritage of mankind, imposes obligations on states to protect the marine environment, and provides for the means of dispute sett- ment. One of the most contentious and divisive issues at UNCLOS III were the outer limits of the continental shelf. Previously, in the 1958 Con- 2 vention on the Continental Shelf (hereinafter the “1958 Convention”), no limits were established for the continental shelf. States were allowed to claim areas of continental shelves based on their capacity to exploit the mineral resources of the shelf. The legal framework in the 1958 Convention would obviously conflict with the principle of the common heritage of mankind. Delegates realized that limits have to be est- lished, but up to where and on the basis of which principles, was a c- tentious question.