Koh Renz Und Konsistenz Des Verwaltungsrechtsschutzes
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Koh Renz Und Konsistenz Des Verwaltungsrechtsschutzes
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Author : Eberhard Schmidt-Aßmann
language : de
Publisher: Mohr Siebeck
Release Date : 2015-08-17
Koh Renz Und Konsistenz Des Verwaltungsrechtsschutzes written by Eberhard Schmidt-Aßmann and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-17 with Law categories.
Eberhard Schmidt-Assmann leistet auf zwei wichtigen Themenfeldern des gegenwartigen Verwaltungsrechts, den uberstaatlichen und den informationellen Vernetzungen der Exekutive, einen Beitrag zu einem zeitgerechten Rechtsschutzrecht. Das erlautert er an den Begriffen der Koharenz und der Konsistenz. Koharenz thematisiert die praktische Abstimmung, Rucksichtnahme und Kooperation der Gerichte in der europaischen Mehrebenenrechtsordnung, darunter insbesondere die Vorabentscheidungs- und Normenkontrollverfahren. Konsistenz thematisiert den erforderlichen Zusammenhalt der Instrumente des deutschen Rechtsschutzrechts speziell bei Auseinandersetzungen um Datenschutz, freien Aktenzugang, Publikumsinformationen oder verdeckte Informationserhebungen. Welche Konsequenzen stellen sich unter anderem bei Klagebefugnis, vorbeugendem Rechtsschutz, in-camera-Verfahren, und wie sind Richtervorbehalte, Datenschutzbeauftragte und Kontrollkommissionen in das Rechtsschutzkonzept einbezogen?
Politics And The Histories Of International Law
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Author :
language : en
Publisher: BRILL
Release Date : 2021-07-19
Politics And The Histories Of International Law written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-19 with Law categories.
This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.
Transformative Constitutionalism In Latin America
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2017-06-16
Transformative Constitutionalism In Latin America written by Armin von Bogdandy 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 2017-06-16 with Law categories.
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Remedies Against Immunity
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Author : Valentina Volpe
language : en
Publisher: Springer Nature
Release Date : 2021-04-08
Remedies Against Immunity written by Valentina Volpe and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-08 with Law categories.
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Dialogues On Italian Constitutional Justice
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Author : Vittoria Barsotti
language : en
Publisher: Routledge
Release Date : 2021-04-27
Dialogues On Italian Constitutional Justice written by Vittoria Barsotti and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-27 with Law categories.
This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.
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.
Animals In International Law
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Author : Anne Peters
language : en
Publisher: Pocket Books of the Hague Acad
Release Date : 2021
Animals In International Law written by Anne Peters and has been published by Pocket Books of the Hague Acad this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
Chapter I. Animals : a topic for international law --Chapter II. An overview of international rules on animals --Chapter III. The International Convention for the Regulation of Whaling : dead or alive? --Chapter IV. Farm animals in the law of the European Union --Chapter V. Animals in international trade law --Chapter VI. Animals in the law of armed conflict --Chapter VII. Towards international animal rights --Chapter VIII. Towards a global animal protection law.
International Judicial Legitimacy
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Author : Hélène Ruiz Fabri
language : en
Publisher:
Release Date : 2020-07-09
International Judicial Legitimacy written by Hélène Ruiz Fabri and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-09 with International courts categories.
These texts on the legitimacy of international courts were framed as a direct reaction to arguments put forward in the book "In Whose Name?" by Armin von Bogdandy und Ingo Venzke. The subjects ranged from a comparison between international organizations and international courts and how they can contribute to democratize international law to assessing the democratic legitimacy of international human rights courts. Therefore the collection is dealing with both theoretical and practical questions regarding the legitimacy of international courts and how such problems relate to fundamental problems of our times.
Due Diligence In The International Legal Order
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Author : Heike Krieger
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-02-03
Due Diligence In The International Legal Order written by Heike Krieger and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-03 with Law categories.
This book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law. Looking at current tendancies towards proceduralisation and more proactive risk management, it reveals the promises and limits of due diligence as a concept for enhancing accountability and compliance.
Balancing Copyright A Survey Of National Approaches
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Author : Reto Hilty
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-06-15
Balancing Copyright A Survey Of National Approaches written by Reto Hilty 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 2012-06-15 with Law categories.
How does copyright law take into account the interests of third parties, especially the general public’s interest in the greatest possible dissemination of knowledge and culture? Twelve basic questions give copyright law experts from more than forty countries the opportunity to provide answers related to their national law on the following matters: categories of works and subject matter, eligibility conditions, duration, “users’ rights,” the three-step test, misuse, differentiations between categories of right holders, TPM, and relations of copyright law to other legal areas such as fundamental rights, competition law, consumer protection law, media law etc. The standardized form of the reports makes it easy to see the impacts of copyright law in the industrialized countries as well as in emerging economies; in common-law and civil-law approaches; in countries of the Andean Community and of the European Union, as well as in countries that are not party to the WIPO Treaties. A detailed preliminary chapter provides an approachable overview of issues and results. This chapter also discusses the voice of academia, represented by the European Copyright Code of the “Wittem Group.”