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  • 1
    ISBN: 9789462651050
    Language: English
    Pages: Online-Ressource (XVIII, 612 p. 2 illus, online resource)
    Series Statement: International Criminal Justice Series 6
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. The Extraordinary Chambers in the Courts of Cambodia
    DDC: 345.59601
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    Keywords: Extraordinary Chambers in the Courts of Cambodia ; Law ; International criminal law ; Law ; International criminal law ; International criminal law ; Kambodscha ; Politisches System ; Strafgerichtsbarkeit ; Internationales Strafrecht ; Friedenskonsolidierung
    Abstract: Introduction: An Extraordinary Court.- Trials and Tribulations: The long Quest for Justice for the Cambodian Genocide -- Allegations of Political Interference, Bias and Corruption at the ECCC -- The 1979 Trial of the People’s Revolutionary Tribunal and Implications for ECCC -- Expectations, Challenges and of the ECCC -- The Legacy of the ECCC -- The Duch Case: The ECCC Supreme Court Chamber’s Review of Case 001 -- The Case 002/01 Trial Judgment: A Stepping Stone from Nuremberg to the Present? -- The Theory of Joint Criminal Enterprise at the ECCC: A Difficult Relationship -- Legal Constraints in the Interpretation of Genocide -- Forced Transfer and Customary International Law: Bridging the Gap between Nuremberg and the ICTY -- Issues of Sexual and Gender-Based Violence an the ECCC -- The Grave Breaches Charges at the ECCC: An Analysis of International Humanitarian Law in the Duch Case -- Past Crimes and the Effect of Statutory Limitations on the ECCC -- Trial Process at the ECCC: The Rise and Fall of the Inquisitorial Paradigm in International Criminal Law? -- Managing Enormous Mass Crimes Indictments: The ECCC Severance Experiment -- Frail Accused and Fitness to Stand Trial -- The Admission of Torture Statements into Evidence -- Recognizing the Limits of Victims Participation: A Comparative Examination of the Victim Participation Schemes at the ECCC and the ICC -- Legal Developments of Civil Party Participation at the ECCC. .
    Abstract: This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.
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  • 2
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462651173
    Language: English
    Pages: Online-Ressource (XVI, 374 p. 1 illus, online resource)
    Series Statement: Legal Issues of Services of General Interest
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Wehlander, Caroline Services of general economic interest as a constitutional concept of EU law
    Parallel Title: Erscheint auch als Wehlander, Caroline Who is afraid of SGEI?
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    Keywords: International law ; Law ; Law—Europe. ; Law ; International law
    Abstract: Introduction: the Constitutionalisation of the EU Concept of SGEI as a Story of Exit, Voice and Loyalty for Public Services in EU law -- “Economic Activity”: Criteria and Relevance in the Fields of EU Internal Market Law, Competition Law and Procurement Law -- The Importance of SGEI in the Post-Lisbon Treaties -- SGEI as a Ground for a Special Regime in the Case Law of the CJEU Related to Public Services -- Meaning of the EU Concept of SGEI Emerging from the CJEU Case Law -- Conclusions of Part II: SGEI Emerges as a Broad “voice” in EU Constitutional Law -- EU Legislation on Public Procurement and State Aid: What is the Pressure on Member States to Enforce SGEI Principles in the Field of Social Services? -- Social Services under the Competence of Swedish Local and Regional Authorities: SGEI? -- Compatibility between EU Secondary Law on SGEIs and Systems of Choice in Swedish Law: the Cases of Elderly Care and School Education -- Conclusions of Part III: EU Market Governance of Social Services a Democratic Issue.
    Abstract: This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden. .
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  • 3
    ISBN: 9789462650961
    Language: English
    Pages: Online-Ressource (IX, 212 p. 21 illus., 5 illus. in color, online resource)
    Edition: 1st ed. 2017
    Series Statement: Information Technology and Law Series 26
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. 3D printing
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    Keywords: International law ; Intellectual property Law and legislation ; Application software ; Law ; Mass media. ; Law ; Application software ; International law ; Intellectual property Law and legislation ; Geistiges Eigentum ; Internationales Privatrecht ; Anwendungssoftware
    Abstract: Introduction -- When 3D printing and the law get together, will crazy things happen? -- CC-PlusDesign.eu – Or How to Apply Creative Commons Licences to 3D Printed Products in the Light of the Most Recent Developments of the European Court of Justice Case Law -- From material scarcity to artificial abundance: The case of FabLabs and 3D printing technologies -- Possible printings: On 3D printing, database ontology and open (meta)design -- The focal practice of 3D printing -- The killer idea: How some gunslinging anarchists held freedom of speech at gunpoint -- Fraud and froth: Free-riding the 3d printing wave -- A taxonomy of online 3D printing platforms -- Adaptivity and rapid prototyping: How 3D printing is changing business model innovation -- How will society adopt 3D printing?.
    Abstract: The book in front of you is the first international academic volume on the legal, philosophical and economic aspects of the rise of 3D printing. In recent years 3D printing has become a hot topic. Some claim that it will revolutionize production and mass consumption, enabling consumers to print anything from clothing, automobile parts and guns to various foods, medication and spare parts for their home appliances. This may significantly reduce our environmental footprint, but also offers potential for innovation and creativity. At the same time 3D printing raises social, ethical, regulatory and legal questions. If individuals can print anything they want, how does this affect existing systems of intellectual property rights? What are the societal consequences of the various types of products one can print with a 3D printer, for example weapons? Should all aspects of 3D printing be regulated, and if so, how and to what ends? How will businesses (have to) change their way of working and their revenue model in light of the shift to printing-on-demand? How will the role of product designers change in a world where everyone has the potential to design their own products? These and other questions are addressed in high quality and in-depth contributions by academics and experts, bringing together a wide variety of academic discussions on 3D printing from different disciplines as well as presenting new views, broadening the discussion beyond the merely technical dimension of 3D printing. Bibi van den Berg is Associate Professor at eLaw, the Center for Law and Digital Technologies at Leiden University, The Netherlands. Simone van der Hof is Full Professor at eLaw in Leiden and Eleni Kosta is Associate Professor at TILT, the Tilburg Institute for Law, Technology and Society at Tilburg University, The Netherlands.
    Description / Table of Contents: IntroductionWhen 3D printing and the law get together, will crazy things happen? -- CC-PlusDesign.eu - Or How to Apply Creative Commons Licences to 3D Printed Products in the Light of the Most Recent Developments of the European Court of Justice Case Law -- From material scarcity to artificial abundance: The case of FabLabs and 3D printing technologies -- Possible printings: On 3D printing, database ontology and open (meta)design -- The focal practice of 3D printing -- The killer idea: How some gunslinging anarchists held freedom of speech at gunpoint -- Fraud and froth: Free-riding the 3d printing wave -- A taxonomy of online 3D printing platforms -- Adaptivity and rapid prototyping: How 3D printing is changing business model innovation -- How will society adopt 3D printing?.
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  • 4
    ISBN: 9789462650725
    Language: English
    Pages: Online-Ressource (XVI, 299 p. 6 illus., 1 illus. in color, online resource)
    Edition: 1st ed. 2016
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Targeting
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    Keywords: Law ; International humanitarian law ; Law ; International humanitarian law ; Justizmord ; Zielvorstellung ; Moral ; Einflussgröße ; Military weapons ; Military weapons Law and legislation ; War (International law)
    Abstract: Introduction -- Targeting in Context -- From Douhet to Drones, Air Warfare and the Evolution of Targeting -- The Current Targeting Process -- Some Considerations Concerning the Role of the Ius ad Bellum in Targeting -- The Law of Targeting.- Ethical Issues in Targeting.- Rules of Engagement and Targeting.- Means and Methods of the Future: Autonomous Systems.- Non-kinetic Capabilities: Complementing the Kinetic Prevalence to Targeting -- Targeting in a Coalition Operations -- Evaluating the Effectiveness of Leadership Decapitation Tactics Against Terrorist Groups.
    Abstract: This book offers a multidisciplinary treatment of targeting. It is intended for use by the military, government legal advisers and academics. The book is suitable for use in both military training and educational programs and in Bachelor and Master degree level courses on such topics as War Studies and Strategic Studies. The book first explores the context of targeting, its evolution and the current targeting process and characteristics. An overview of the legal and ethical constraints on targeting as an operational process follows. It concludes by surveying contemporary issues in targeting such as the potential advent of autonomous weapon systems, ‘non-kinetic’ targeting, targeting in multinational military operations and leadership decapitation in counter-terrorism operations. The deep practical experience and academic background of the contributors ensures comprehensive treatment of current targeting and use of force issues. Paul Ducheine is Professor for Cyber Operations and Cyber Security, Netherlands Defence Academy, Breda, The Netherlands; and Professor of Law of Military Cyber Operations and Cyber Security at the University of Amsterdam, The Netherlands. Michael Schmitt is Charles H. Stockton Professor & Director, Stockton Center for the Study of International Law, U.S. Naval War College, Newport, Rhode Island, and Professor of Public International Law, University of Exeter, UK. Frans Osinga is Chair of the War Studies Department, Netherlands Defence Academy, Breda, The Netherlands, and Professor of Military Operational Art and Sciences.
    Description / Table of Contents: IntroductionTargeting in Context -- From Douhet to Drones, Air Warfare and the Evolution of Targeting -- The Current Targeting Process -- Some Considerations Concerning the Role of the Ius ad Bellum in Targeting -- The Law of Targeting.- Ethical Issues in Targeting.- Rules of Engagement and Targeting.- Means and Methods of the Future: Autonomous Systems.- Non-kinetic Capabilities: Complementing the Kinetic Prevalence to Targeting -- Targeting in a Coalition Operations -- Evaluating the Effectiveness of Leadership Decapitation Tactics Against Terrorist Groups.
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  • 5
    ISBN: 9789462650817
    Language: English
    Pages: Online-Ressource (XVI, 300 p, online resource)
    Edition: 1st ed. 2016
    Series Statement: Legal Issues of Services of General Interest
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Batura, Olga Universal Service in WTO and EU law
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    Keywords: International law ; Intellectual property Law and legislation ; Communication ; Law ; Law—Europe. ; Mass media. ; Law ; International law ; Intellectual property Law and legislation ; Communication ; World Trade Organization ; Telekommunikationsmarkt ; Liberalisierung ; Europäische Union ; World Trade Organization ; Telekommunikationsmarkt ; Liberalisierung ; Europäische Union ; Telekommunikationsmarkt ; Liberalisierung
    Abstract: Introduction -- Liberalisation of Telecommunications Services: Social Embedding of the Liberalised Market as a Regulatory Challenge -- Liberalisation and Regulation of International Trade in Telecommunications Services Through the WTO.- Liberalisation of Telecommunications Services Markets and Regulation of Universal Service in the European Union -- Transformation of Universal Service for the Future.- Conclusion.
    Abstract: This book is a systematic comparative study of WTO and EU law relevant for universal service provision, and a timely contribution to the ongoing scholarly and policy debates about the concept and scope of universal service. Universal service is one of the most significant regulatory issues worldwide and it is likely to remain so. The central question dealt with by the author is how the technologically intensive sector of telecommunications services can be regulated in a socially fair way in the light of liberalisation and the immense importance of ICTs in the Information Society. The author investigates whether the legal frameworks of WTO and EU can meet the challenges of the rapid and dramatic technological and social change and formulates relevant policy recommendations. The book is of interest to both scholars and practitioners in several disciplines, such as EU and WTO law, telecommunications law and regulation, political science regarding market regulation and governance as well as European integration and WTO. Olga Batura is affiliated to the Leuphana Law School, University of Lüneburg, Germany, and to the European Humanities University in Vilnius, Lithania.
    Description / Table of Contents: IntroductionLiberalisation of Telecommunications Services: Social Embedding of the Liberalised Market as a Regulatory Challenge -- Liberalisation and Regulation of International Trade in Telecommunications Services Through the WTO.- Liberalisation of Telecommunications Services Markets and Regulation of Universal Service in the European Union -- Transformation of Universal Service for the Future.- Conclusion.
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  • 6
    ISBN: 9789462650992
    Language: English
    Pages: Online-Ressource (XXIII, 533 p. 1 illus, online resource)
    Edition: 1st ed. 2016
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Foreign fighters under international law and beyond
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    Keywords: International law ; Law ; International humanitarian law ; International criminal law ; Law—Europe. ; Law ; International humanitarian law ; International criminal law ; International law ; Iraq War, 2003-2011 Participation, Foreign ; War (International law) ; Syria History ; Participation, Foreign ; Civil War, 2011- ; Bewaffneter Konflikt ; Kombattant ; Ausländer ; Bewaffneter Konflikt ; Kombattant ; Ausländer
    Abstract: Introduction -- Foreign Fighters’ in the Syria and Iraq Conflict: Statistics and Characteristics of a Rapidly Growing Phenomenon -- Foreign Fighters’ Involvement in National and International Wars: A Historical Survey -- Foreign Fighters as a Challenge for International Relations Theory -- Foreign Fighters: Motivations for Travel to Foreign Conflicts -- The Emerging Role of Social Media in the Recruitment of Foreign Fighters Gabriel Weimann -- Analysing the Recruitment and Use of Foreign Men and Women in ISIL through a Gender Perspective -- The Military Impact of Foreign Fighters on the Battlefield: the Case of the ISIL -- The Status of Foreign Fighters under International Humanitarian Law Emanuele Sommario -- Foreign Fighters and International Criminal Law -- Child Soldiers: the Expanding Practice of Minors Recruited to Become Foreign Fighters -- Armed Opposition Groups’ (and Foreign Fighters’) Abidance by Human Rights Law: the Issue of Compliance in Syria and Iraq.
    Abstract: This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.
    Note: Includes bibliographical references and index
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  • 7
    ISBN: 9789462651081
    Language: English
    Pages: Online-Ressource (IX, 178 p, online resource)
    Series Statement: ASSER International Sports Law Series
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Legal responses to football "hooliganism" in Europe
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    Keywords: Law ; Human rights ; International law ; Law ; Human rights ; International law
    Abstract: Legal Responses to Football ‘Hooliganism’ in Europe – Introduction -- Return to ‘Radio Nostalgia’: Twenty Years of ‘Anti-Violence’ Legislation in Italian Stadia -- Legal Responses to Football Crowd Disorder and Violence in England and Wales -- Legal Measures and Strategies Against Violence at Football Events in Germany -- Regulating Football-Related Violence in France -- Punishing and Surveying the Greek Football Fans: A Stake For Their Civil Liberties? -- Football Related Disorder in the Netherlands -- Legal and policing responses to football crowd disorder in Austria -- Legal Responses to ‘Football Hooliganism’ in Ukraine -- Conclusions: Social Control at the Expense of Civil Liberties and Human Rights.
    Abstract: This book brings together a number of perspectives on how different European states have responded to the phenomenon of football crowd disorder and violence, or “hooliganism”. It applies a comparative legal approach, with a particular focus on civil and human rights, to analyze domestic legislation, policing and judicial responses to the problem of “football hooliganism” in Europe. Academics and legal professionals from eight different European countries introduce and analyze the different approaches and draw together common themes and problems from their various jurisdictions. They offer insights into the interactions between (domestic) politicians, law enforcers and sports authorities. The book is important reading for scholars and practitioners in the fields of law, sports law, sociology and criminology, and for all those concerned with questions of law enforcement and human rights. While it perfectly fits the curriculum for postgraduate studies in the fields mentioned, it is also highly recommended as secondary reading for undergraduate students. Dr. Anastassia Tsoukala is tenured Associate Professor at the University of Paris XI, France. Dr. Geoff Pearson is Senior Lecturer in Criminal Law at the University of Manchester’s Law School, Manchester, United Kingdom. Dr. Peter Coenen was Assistant Professor of Law at Maastricht University in the Netherlands.
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  • 8
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462650930
    Language: English
    Pages: Online-Ressource (XI, 291 p, online resource)
    Edition: 1st ed. 2016
    Series Statement: International Criminal Justice Series 4
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Viebig, Petra Illicitly obtained evidence at the International Criminal Court
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    Keywords: Law ; International criminal law ; Law ; International criminal law
    Abstract: Introduction -- Legal sources and legal methodology under the ICC Statute -- Previous approaches to the exclusion of illicitly obtained evidence -- The development of an approach to the exclusion of evidence by the International Criminal Court -- Factors in the balancing exercise -- The relation between the violation and the evidence -- Procedural aspects -- Conclusion and outlook.
    Abstract: This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.
    Description / Table of Contents: IntroductionLegal sources and legal methodology under the ICC Statute -- Previous approaches to the exclusion of illicitly obtained evidence -- The development of an approach to the exclusion of evidence by the International Criminal Court -- Factors in the balancing exercise -- The relation between the violation and the evidence -- Procedural aspects -- Conclusion and outlook.
    Note: Includes bibliographical references and index
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  • 9
    ISBN: 9789462651326
    Language: English
    Pages: Online-Ressource (XXIII, 386 p. 5 illus., 3 illus. in color, online resource)
    Series Statement: Information Technology and Law Series 27
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Law and Criminology
    Parallel Title: Druckausg. The future of drone use
    Parallel Title: Printed edition
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    Keywords: Law ; Human rights ; International humanitarian law ; Law of the sea ; International law ; Drone aircraft Law and legislation ; Drohne ; Militärischer Einsatz ; Rechtsethik ; Drohne ; Militärischer Einsatz ; Rechtsethik
    Abstract: Given the popularity of drones and the fact that they are easy and cheap to buy, it is generally expected that the ubiquity of drones will significantly increase within the next few years. This raises questions as to what is technologically feasible (now and in the future), what is acceptable from an ethical point of view and what is allowed from a legal point of view. Drone technology is to some extent already available and to some extent still in development. The aim and scope of this book is to map the opportunities and threats associated with the use of drones and to discuss the ethical and legal issues of the use of drones. This book provides an overview of current drone technologies and applications and of what to expect in the next few years. The question of how to regulate the use of drones in the future is addressed, by considering conditions and contents of future drone legislation and by analyzing issues surrounding privacy and safeguards that can be taken. As such, this book is valuable to scholars in several disciplines, such as law, ethics, sociology, politics and public administration, as well as to practitioners and others who may be confronted with the use of drones in their work, such as professionals working in the military, law enforcement, disaster management and infrastructure management. Individuals and businesses with a specific interest in drone use may also find in the nineteen contributions contained in this volume unexpected perspectives on this new field of research and innovation. Bart Custers is Associate Professor and Head of Research at eLaw, the Center for Law and Digital Technologies at Leiden University, The Netherlands. He has presented his work at international conferences in the United States, China, Japan, the Middle East and throughout Europe and has published over 80 scientific, professional and popularizing publications, including three books
    Abstract: Given the popularity of drones and the fact that they are easy and cheap to buy, it is generally expected that the ubiquity of drones will significantly increase within the next few years. This raises questions as to what is technologically feasible (now and in the future), what is acceptable from an ethical point of view and what is allowed from a legal point of view. Drone technology is to some extent already available and to some extent still in development. The aim and scope of this book is to map the opportunities and threats associated with the use of drones and to discuss the ethical and legal issues of the use of drones.This book provides an overview of current drone technologies and applications and of what to expect in the next few years. The question of how to regulate the use of drones in the future is addressed, by considering conditions and contents of future drone legislation and by analyzing issues surrounding privacy and safeguards that can be taken. As such, this book is valuable to scholars in several disciplines, such as law, ethics, sociology, politics and public administration, as well as to practitioners and others who may be confronted with the use of drones in their work, such as professionals working in the military, law enforcement, disaster management and infrastructure management. Individuals and businesses with a specific interest in drone use may also find in the nineteen contributions contained in this volume unexpected perspectives on this new field of research and innovation.Bart Custers is Associate Professor and Head of Research at eLaw, the Center for Law and Digital Technologies at Leiden University, The Netherlands. He has presented his work at international conferences in the United States, China, Japan, the Middle East and throughout Europe and has published over 80 scientific, professional and popularizing publications, including three books. Bart Custers PhD MSc LLM is associate professor and head of research at eLaw, the Center for Law and Digital Technologies at Leiden University, the Netherlands. With a background in both law and physics, his research is focused law and digital technologies. He is also the former head of the research division on Crime, Law Enforcement and Sanctions of the research center (WODC) of the Ministry of Security and Justice in the Netherlands. His research interests include discrimination and privacy issues of new technologies, particularly data mining and profiling, and technology in policing. His research in the area of criminal law is focused on technologies that may contribute to law enforcement, criminal investigation and prosecution. Examples of such technologies are Automated Number Plate Recognition (ANPR), wiretapping, fingerprints, forensic DNA research, database coupling, data mining and profiling, camera surveillance, network analyses and the use of drones.Dr. Custers has published two books on discrimination and privacy in the context of Big Data. In 2015 he co-authored (in Dutch) a book on the use of drones. On a regular basis he gives lectures on profiling and privacy issues of new technological developments. He presented his work at international conferences in the United States, China, Japan, the Middle East and throughout Europe. He has published his work, over 80 publications, in both scientific and professional journals and newspapers.
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  • 10
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462651234
    Language: English
    Pages: 1 online resource (242 pages)
    Series Statement: International Criminal Justice Ser. v.7
    Parallel Title: Erscheint auch als
    DDC: 364.151
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    Keywords: Law ; Electronic books
    Abstract: Intro -- Acknowledgments -- Contents -- 1 Introduction -- References -- 2 A Critique of Individualistic Approaches to Genocidal Intent -- Abstract -- 2.1 The Traditional Individualistic Understanding of Genocidal Intent: Its Pure Subjectivity -- 2.2 An Overview of the Purpose-Based Approach -- 2.3 An Overview of the Knowledge-Based Approach -- 2.4 Rethinking the Knowledge-Based Approach (I): Some Observations -- 2.4.1 A Hypothetical: An Insomniac Commander -- 2.4.2 Consequence or Context? On Valid Objects of Knowledge -- 2.4.3 Why Principals? A Comparison with Joint Criminal Enterprise and Perpetration by Means -- 2.4.4 Why Knowledge? A Comparison with Aiding and Abetting Genocide -- 2.4.5 Just an Aiding and Abetting Theory? A Wake-Up Call from the Popović et al. Case -- 2.5 Rethinking the Knowledge-Based Approach (II): A Purpose-Based Theory of Individualistic Genocidal Intent -- 2.5.1 'Special Intent': A Matter of IntensityDegree, or of Object? -- 2.5.2 Genocidal Intent as 'Direct IntentPurposely' -- 2.5.2.1 The Three-Level Hierarchy of Mens Rea -- 2.5.2.2 Destruction as an 'Unwanted (or Uninterested) but Permitted Side-Effect'? -- 2.5.2.3 Destruction as a 'Desired Main Effect' on the 'Straight Line of Your Purpose' -- 2.5.2.4 The Notion of 'Desire in a Broad Sense' -- 2.6 Complications and Frustrations: Individualistic Genocidal Intent at the Ad Hoc Tribunals -- 2.6.1 The Akayesu Paradox: Applying the Knowledge-Based Theory to the Purpose-Based Concept of Genocidal Intent? -- 2.6.2 Case Law Claiming the Purpose-Based Approach Doctrinally, but Denying It Evidentially? -- 2.6.3 From Individualistic Intent to Collective Intent -- References -- 3 Collective Genocide, Contextual Element and Substantiality -- Abstract -- 3.1 An Overview of the Two-Layered Structure of Genocide: 'Conduct Level' Versus 'Context Level'.
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  • 11
    ISBN: 9789462650664
    Language: English
    Pages: Online-Ressource (XXVII, 232 p. 2 illus, online resource)
    Edition: 1st ed. 2016
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Law and Criminology
    Parallel Title: Druckausg. Democracy and rule of law in the European Union
    RVK:
    Keywords: International law ; Law ; Law—Europe. ; Europäische Union
    Abstract: The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration. The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving “an ever closer Union”. Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam
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  • 12
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462650411
    Language: English
    Pages: Online-Ressource (XVIII, 275 p, online resource)
    Series Statement: International Criminal Justice Series 2
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Sciences and Law
    Parallel Title: Druckausg. Materu, Sosteness Francis The post-election violence in Kenya
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    Keywords: Law ; Hochschulschrift ; Kenia ; Internationaler Strafgerichtshof ; Wahl ; Bürgerkrieg ; Gewalt
    Abstract: Since the historic Nuremberg Trial of 1945 an international customary law principle has developed that commission of a core crime under international law - war crimes, genocide, crimes against humanity and aggression - should not go unpunished. History shows, that when in Africa such violations occurred, especially as a result of election disputes, national and regional actors, including the African Union, resorted to political rather than legal responses. However, when crimes against humanity were alleged to have been committed in Kenya during the 2007-2008 post-election violence, a promising road map for criminal accountability was agreed upon alongside a political solution. In the spirit of this road map, the author analyzes the post-election violence in Kenya from a legal point of view. He extensively examines legal options for domestic criminal accountability and discusses both retributive (prosecutions) and restorative justice (mainly truth commission) mechanisms, being the main legal responses to the gross violations of human rights. Furthermore, he thoroughly investigates the Kenya situation before the ICC and the legal-cum-political responses to the ICC intervention in Kenya. Practitioners and academics in the field of international criminal law and related disciplines, as well as political sciences and (legal) history will find in this book highly relevant information about alternative legal approaches of the fight against and punishment of crimes against humanity, as defined under the ICC Statute. Sosteness Francis Materu is a lecturer in the Faculty of Law of the University of Dar es Salaam (Tanzania). He obtained his Bachelors Laws Degree (LL.B) from the same University in 2008, a Master of Laws Degree (LL.M) from the University of the Western Cape (South Africa) in 2010, and a Doctorate in Law from Humboldt-Universität zu Berlin (Germany) in 2014. He is also a proud alumnus of the South African-German Centre for Transnational Criminal Justice
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  • 13
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462650480
    Language: English
    Pages: Online-Ressource (XVIII, 333 p. 3 illus, online resource)
    Series Statement: ASSER International Sports Law Series
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Pijetlovic, Katarina, 1978 - EU sports law and breakaway leagues in football
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    Keywords: Law ; Europäische Union ; Sportrecht
    Abstract: Katarina Pijetlovic is the first author to address the issue of breakaway leagues in football and their treatment under EU law. In this book she guides the reader through EU sports law, the specificities of the sporting industry and the problems and power struggles in European football governance in the context of the breakaway threats by elite clubs. In order to analyse the legality of UEFA clauses that restrict the formation of such breakaway structures, the author first provides a progressive interpretation of the applicable EU sports law and an in-depth analytical review of EU sports cases decided under internal market and competition provisions, including a novel perspective on the UEFA home-grown rule and the Bosmancase. Thereafter, she sets out an original theory of convergence between TFEU provisions on competition and the internal market in the light of sporting exceptions. Finally, in applying the legal principles thus outlined Katarina Pijetlovic explores the legality of the restrictive UEFA clauses and the case for the formation of alternative leagues in European football under EU sports law. A number of surprising outcomes emerge from this analytical process. Conversely, she also tests the largely neglected issue of the legality of forming a breakaway league by the European elite football clubs.The systematic way in which the reader is guided through EU sports law and the legal issues under consideration makes the book accessible for EU lawyers as well as non-EU sports lawyers, on both an academic and a practitioner's level. Katarina Pijetlovic holds licentiate and doctoral degrees in EU sports law from the University of Helsinki. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. David McArdle, Prof. Ben Van Rompuy and Marco van der Harst LL.M.
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  • 14
    ISBN: 9789462650350
    Language: English
    Pages: Online-Ressource (X, 285 p. 1 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Sciences and Law
    Parallel Title: Druckausg. The European Public Prosecutor's Office
    RVK:
    Keywords: Law ; Europäische Union ; Staatsanwaltschaft ; Organisation
    Abstract: In July 2013 the European Commission launched its legislative proposal to create a European Public Prosecutor’s Office (EPPO). The proposal provoked fierce debates, politically as well as on the academic level. Many national parliaments opposed and submitted formally their grievances to the Commission and negotiations on the proposal between Member States are ongoing. As early as September 2013, the T.M.C. Asser Instituut in The Hague, The Netherlands, held the first international conference on this unprecedented proposal. This book reflects the main results of that conference. It provides a concise background of and reasoning for the introduction of this new EU body entrusted with far reaching judicial powers disclosing important legal and policy implications. Within its hitherto limited scope, the existing system of judicial cooperation between EU Member States will change fundamentally, directly affecting the functioning of national courts and public prosecution offices. This book helps answering fundamental questions involved. It provides a solid basis for both academics and practitioners to further structure an EPPO, respecting the interests of all parties involved. At the time of writing and editing this volume, Leendert Erkelens and Arjen Meij were both Visiting Research Fellow at the T.M.C. Asser Instituut in The Hague, The Netherlands. Marta Pawlik was a Research Assistant in the same Institute.
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  • 15
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462650541
    Language: English
    Pages: Online-Ressource (XX, 141 p, online resource)
    Series Statement: International Criminal Justice Series 3
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Thompson, Bankole Universal jurisdiction: the Sierra Leone profile
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    Keywords: Law ; Law ; Sierra Leone ; Internationale Gerichtsbarkeit
    Abstract: This book is about the combating of impunity from international criminality, with a special focus on the role of Sierra Leone as a pioneer in the progressive application of international criminal law in the African region. Despite Sierra Leone’s role, the country’s profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such crimogenic acts. Based on his vast experience in this field, the author provides the reader with a seminal scholarly work articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. He also proposes substantive and procedural law reforms in the state’s relevant law on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant footnotes, tables and summaries of each chapter. Justice Bankole Thompson holds a Ph.D. in Law from the University of Cambridge. He is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a Judge of the Special Court for Sierra Leone. Currently, Justice Thompson is a Judge of the Residual Special Court for Sierra Leone, and a fellow of the Sierra Leone Institute of International Law
    Description / Table of Contents: IntroductionSources of International Law -- Relationship between International Law and Municipal Law -- Justice in Sierra Leone: Principal Agencies -- Justice in Sierra Leone: Subsidiary Agencies -- Jurisdiction: Nature, Scope, Dimensions and Complexities -- Universal Criminal Jurisdiction: Law and Practice in Sierra Leone -- Universal Civil Jurisdiction: Law and Practice in Sierra Leone -- Universal Jurisdiction: The Sierra Leone Profile - Problematic Features -- Universal Jurisdiction in Sierra Leone: Reform of the Law.
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  • 16
    ISBN: 9789462650633
    Language: English
    Pages: Online-Ressource (XII, 401 p. 8 illus., 7 illus. in color, online resource)
    Series Statement: Legal Issues of Services of General Interest
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Services of general interest beyond the single market
    RVK:
    Keywords: Law ; Law ; Aufsatzsammlung ; Öffentliche Dienstleistung ; Internationales Wirtschaftsrecht
    Abstract: This is the first book ever to assess comprehensively the impact of EU international agreements on services of general interest. Services of general interest remain high on the political and legal agenda of the European Union. However, the debates about the impact of EU law on services of general interest usually focus on internal market law such as the free movement of services, competition law, state aid rules and the law of public procurement. The external and international dimensions of the European legal framework for services of general interest are often overlooked. This book addresses the impact of international trade and investment agreements on public services and the role these services play in EU external relations. It shows that the inherent tension between establishing and securing undistorted competition on markets and the logic of public services exists in international economic law in a similar way as in EU internal law. Given the contentiousness of international trade and investment agreements as well as the EU’s external policies, the issues discussed in this volume are timely and relevant and contribute to the ongoing debate about the future of services of general interest in the EU with fresh ideas and perspectives. Markus Krajewski is Professor of Public and International Law at the University of Erlangen-Nuremberg, Germany
    Description / Table of Contents: IntroductionRevisiting the impact of GATS on public services -- WTO procurement rules: in particular the Government Procurement Agreement (GPA) and services of general interest -- Regulating Public Services and International Investment Law -- NAFTA’s Approach to Protecting Public Services: Fragmentary, Asymmetrical, Rigid and Limited -- Emerging principles of international competition law: Do Public Services Matter? -- Services of General Interests under Regimes of Fiscal Austerity -- A normative basis for EU external relations? Protecting internal values beyond the Single Market -- Ambivalence of the European strategy in external relations on trade agreements -- Public services exemptions in EU free trade and investment agreements -- Services of General Interest in the European Neighbourhood Policy -- Towards an International Regime of Regulating Electronic Communications -- Services of General Interest and the External Dimension of the EU Energy Policy -- The impact of free trade agreements on local self-government - The provision of drinking water by local utilities in Germany as a case study -- Health systems and policy space for health in the context of European Union trade policies.
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  • 17
    ISBN: 9789067049306
    Language: English
    Pages: Online-Ressource (XI, 269 p. 3 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Dealing with wars and dictatorships
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    Keywords: History ; Law ; Law ; History ; Krieg ; Diktatur ; Vergangenheitsbewältigung
    Abstract: The 20th century saw an unprecedented number of major wars, conflicts, and massive human rights violations. From each emerged the desire to make sense of the recent past (and present) by imagining new ways of dealing with such events. In order to prevent new forms of violence, or to punish the persons responsible of past horrors, various solutions have been imagined, deployed, implemented, and discussed, at different levels. This book is a reflection on the social and historical construction, appropriation, and circulation of categories, norms, and savoir-faire related to the ways social groups and institutions-state, judiciary, professional organizations-confront traumatic events. Even if there is a robust literature on purges and other mechanisms intended to deal with an authoritarian or violent past, written by authors belonging to numerous disciplines and exploring different periods and topics with a variety of theoretical and methodological backgrounds, our goal was to propose a more sociologically oriented model of analysis. Far from being only an intellectual frenzy, this orientation appears to be less normative than most “post-transitional” approaches and potentially more general than strictly monographic approaches. In doing so, our objective is not only to provide a critical approach, but also to sustain a more realistic view of this highly political and moral domain
    Description / Table of Contents: General Introduction“Épuration”: History of a Word -- Humanity Seized by International Criminal Justice -- Dealing with Collaboration in Belgium after the Second World War: From Activism to Collaboration and Incivism --  Transitional Justice as Universal Narrative -- The Invention of “Transitional Justice” in the 1990s -- “Transitional Justice” and National “Mastering of the Past”: Criminal Justice and Liberalization Processes in West Germany after 1945 -- Poor Little Belgium? Belgian Trials of German War Criminals, 1944-1951 -- From Revolution to Restoration. Transnational Implications of the Greek Purge of Wartime Collaborators -- The Defense in the Dock: Professional Purges of French Lawyers after the Second World War -- Law and the Soviet Purge: Domestic Renewal and International Convergences -- Circulation of Models of épuration after the Second World War: from France to Italy -- Reassessing the Boundaries of Transitional Justice: An Inquiry of Political Transitions, Armed Conflicts and Human Rights Violations -- The Emergence of Transitional Justice as a Professional International Practice -- The Uncertain Place of Purge within Transitional Justice, and the Limitations of International Law in the World’s Response to Mass Atrocity.
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  • 18
    ISBN: 9789462650145
    Language: English
    Pages: Online-Ressource (XV, 456 p. 6 illus., 4 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. The right to health
    RVK:
    Keywords: Public health ; Law ; Law ; Public health ; Right to health ; Aufsatzsammlung ; Recht auf Gesundheit ; Recht auf Gesundheit ; Gesundheitsrecht
    Abstract: With a Foreword by Paul Hunt, University of Essex, UN Special Rapporteur on the Right to Health (2002-2008) “The key challenge confronting the health and human rights movement is the translation of international and national human rights law into operational policies, programmes and other health-related interventions. Nowhere is this more challenging - and more important - than within countries.” (from the Foreword by Paul Hunt) This interdisciplinary study analyses how the internationally guaranteed human ‘right to health’ is realized by States at a national level. It brings together scholars from more than ten different countries, each of them analyzing the right to health in his or her country or region. They all focus on particular themes that are important in their country, such as health inequalities, the Millennium Development Goals, or the privatization of healthcare. And despite the differences in context, lessons can be learned from the rich experiences of the others, to learn how different countries implement (or not) health-related rights. In this book scholars, practitioners and policy makers in the fields of human rights law, health law, public health and their intersections will find a rich source of information, giving a boost to the international debate on propagation and implementation of the universal Right to Health
    Description / Table of Contents: Health and Millennium Development Goals in Africa: Deconstructing the Thorny Path to SuccessEnsuring the Realization of the Right to Health through the African Union (AU) System: A Review of its Normative, Policy and Institutional Frameworks -- Equality and the Right to Health: A Preliminary Assessment of China -- The Right to Health in Japan: its implications and challenges -- Codification and implementation of the Right to Health in the Arab World -- The right to health and access to health care in Saudi Arabia with a particular focus on the women and migrants -- The Realization of the Right to Health for Refugees in Jordan -- The Right to Health: the Next American Dream -- The Brazilian Human Rights Indicators System: The Case of the Right to Health -- Aboriginal-specific Health Initiatives and Accessible Health Care in Canada; are goodwill initiatives enough -- The Right to Health in Peru: persistent vulnerabilities in the context of HIV/AIDS -- The Right to Health for Vulnerable and Marginalised Groups: Russia as a Case Study -- The Challenges to Realising the Right to Health in Ireland -- Dutch Realities: Evaluating Dutch Health Care Reform from a Human Rights Perspective.
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  • 19
    ISBN: 9789462650084
    Language: English
    Pages: VII, 508 S.
    Edition: Online-Ausg. Online-Ressource
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Applying international humanitarian law in judicial and quasi-judicial bodies
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    RVK:
    Keywords: Law ; Law ; Humanitarian law ; Aufsatzsammlung ; Humanitäres Völkerrecht
    Abstract: The work analyzes the impact and implementation of international humanitarian law in judicial and quasi judicial bodies. Moreover, acknowledging the high impact domestic jurisdictions have in the configuration of international law, the book does not rest only in an analysis of the international jurisprudence, but delves also into the question of how domestic courts relate to international humanitarian law issues.
    Abstract: International humanitarian law has been perceived till now as encompassing only judicial cases concerning refugee protection or war crimes prosecutions, particularly in domestic fora. Yet, the last decade has witnessed a revolution in the way judicial bodies-international and domestic alike-are ready to tackle complex security aspects pertaining to the laws of war. The present volume follows the international and domestic courts’ jurisprudential evolution as they deal with issues like the classification of armed conflicts, direct participation in hostilities and the nexus between international humanitarian law and human rights law. Projecting the field’s jurisprudential development, the volume examines the role of international humanitarian law also in the realms of quasi-judicial bodies. Derek Jinks, University of Texas, School of Law, Austin, Texas, USA. Jackson Nyamuya Maogoto University of Manchester, School of Law, Manchester, UK. Solon Solomon King’s College London, Dickson Poon School of Law, London, UK
    Description / Table of Contents: Introducing International Humanitarian Law to Judicial and Quasi Judicial BodiesApplicability Test of Additional Protocol II and Common Article 3 for Crimes in Internal Armes Conflict -- The Role of the U.S. Judicial Branch During the Long War: Drone Courts, Damage Suits, and Freedom of Information Act (FOIA) Requests -- International Humanitarian Law in the Maritime Context: Conflict Characterization in Judicial and Quasi-Judicial Contexts -- Domestic Humanitarian Law: Developing the Law of War in Domestic Courts -- The Interaction of the International Terrorism Suppression Regime and IHL in Domestic Criminal Prosecutions: The UK Experience -- Beyond Life and Limb: Exploring Incidental Mental Harm under International Humanitarian Law -- Armed Conflict and the Inter-American Human Rights System: Application or Interpretation of International Humanitarian Law? The European Court of Human Right’s Engagement with International Humanitarian Law -- The Interaction between Domestic Law and International Humanitarian Law at the Extraordinary Chambers in the Courts of Cambodia -- Applying the Laws of Armed Conflict in Swiss Courts -- International Humanitarian Law in the Courts of Australia -- Aut Deportare Aut Judicare: Current Topics in International Humanitarian Law in Canada -- International Humanitarian Law in Indian Courts: Application, Misapplication and Non-Application -- Interpretations of IHL in Tribunals of the United States -- The International Commission of Inquiry on Darfur and the Application of International Humanitarian Norms -- The Mavi Marmara Incident and the Application of International Humanitarian Law by Quasi-Judicial Bodies.
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  • 20
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462650206
    Language: English
    Pages: Online-Ressource (XII, 260 p, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Nuclear non-proliferation in international law ; 1
    DDC: 341.734
    RVK:
    Keywords: Law ; Law ; Aufsatzsammlung ; Kernwaffe ; Kernenergie ; Treaty on the Non-proliferation of Nuclear Weapons (1968 June 12) ; Internationales Recht ; Kernenergie ; Kernwaffe ; Internationales Recht
    Abstract: With a Foreword by Mohamed ElBaradei, former Director of the International Atomic Energy Agency Nuclear Non-Proliferation in International Law discusses the legal interpretation and implementation of the three pillars of the Treaty on the Non-Proliferation of Nuclear Weapons, 1968, regarding the non-proliferation of nuclear weapons, the right to develop research in as well as the production and use of nuclear energy for peaceful purposes, and issues relating to nuclear disarmament. It examines the status of international law regarding nuclear capacity, considering competing legal approaches to the development of nuclear technology, non-proliferation, disarmament and regulating nuclear weapons within a contemporary international context. In this and subsequent volumes, the series provides a combination of scholarly research articles and critical commentaries on relevant treaty law, customary practice and legal case developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for a further constructive discourse on the topic at both national and international levels
    Description / Table of Contents: Nuclear Weapons, Non-Proliferation and Disarmament: A Comprehensive Audit of Relevant Legal Issues and International ConcernsThe Obligations of Nuclear-Weapon States Not to Transfer Nuclear Weapons and Devices (Art. I NPT) -- The Meaning of Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons: Analysis under the rules of treaty interpretation -- The Non-Proliferation Regime and the NPT -- Civilian Casualties and Nuclear Weapons: The application of the rule of distinction -- Test-Bans and the Comprehensive Test Ban Treaty Organization -- The Sovereign Right to Peaceful Use of Nuclear Energy and International Environmental Law -- Indigenous Peoples in the Nuclear Age: Uranium mining on indigenous’ lands -- European Union Initiatives: Strategy against proliferation of weapons of mass destruction.
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  • 21
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789067049399
    Language: English
    Pages: Online-Ressource (XVI, 573 p) , online resource
    Edition: 2nd ed. 2014
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: ASSER International Sports Law Series
    DDC: 344.099
    RVK:
    RVK:
    Keywords: Law ; Europäische Union ; Sportrecht
    Abstract: With Forewords by Maître Jean-Louis Dupont, Avocat, Belgium and Professor Richard Parrish, Edge Hill University, Ormskirk, UK. European Sports Law: Collected Papers, Second Edition contains the collected works (1989-2012) of Stephen Weatherill, Jacques Delors Professor of European Community Law, Somerville College, University of Oxford, United Kingdom, with an extensive introduction on the background and rationale for the selected papers. Stephen Weatherill is a leading academic and author on the subject of European Union law and professional sport. His work is of the highest academic standard and practice-oriented at the same time, which has a strong impact on major court cases and the development of international sports law in general. The updated Second Edition is a vademecum for those involved with international sport and the challenges European law and sport provide and is an indispensable tool for administrators, managers, researchers, academics, marketers, broadcasters, advisers and practitioners. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. David McArdle, Prof. Ben Van Rompuy and Marco van der Harst LL.M
    Description / Table of Contents: Foreword to the Second Edition; Foreword to the First Edition; Contents; Abbreviations and Acronyms; 1 Introduction; 1.1…Where Lies the Interest in 'EU Sports Law'?; 1.2…The European Court of Justice Sets the Scene; 1.3…The Papers Contained in this Book; 1.4…Concluding Remarks; References; 2 Discrimination on Grounds of Nationality in Sport; 2.1…Introduction; 2.2…The Discriminatory Player Restrictions; 2.3…Is There a Breach of the Treaty?; 2.3.1 Sport and the Treaty of Rome; 2.3.2 Article 48 EEC; 2.3.2.1 Are the Rules Within the Scope of the Treaty?
    Description / Table of Contents: 2.3.2.2 Are the Treaty Rules Horizontally Directly Effective?2.3.2.3 Justification; 2.3.2.4 Discrimination Internal to a Single Member State; 2.3.3 Articles 85 and 86 EEC; 2.3.3.1 Are the Rules Within the Scope of the Treaty?; 2.3.3.2 Are the Treaty Rules Horizontally Directly Effective?; 2.3.3.3 Justification; 2.3.3.3.1…The Straightforward Application of Article 85(3); 2.3.3.3.2…The Straightforward Application of Article 85(3) Doubted; 2.3.3.3.3…Making a Special Case for Sport; 2.3.3.3.4…The Special Case for Sport: The Argument Redefined
    Description / Table of Contents: 2.3.3.4 Discrimination Internal to a Single Member State2.3.4 Conclusion; 2.4…Enforcement by the Commission; 2.4.1 Article 48; 2.4.2 Articles 85 and 86; 2.4.2.1 The Commission's Enforcement Powers; 2.4.2.2 Why has the Commission not Initiated Such Proceedings?; 2.4.3 Remedies Against the Commission; 2.5…Enforcement by Private Parties Before National Courts; 2.6…Concluding Remarks; 2.6.1 General; 2.6.2 The Overlap Between Article 48 and Article 85; 2.6.3 A Solution; 2.6.3.1 Demarcation at Community Level; 2.6.3.2 Accepting the Overlap; References; 3 European Football Law; 3.1…Introduction
    Description / Table of Contents: 3.2…Jean-Marc Bosman3.2.1 The Transfer System: The Road to Litigation; 3.2.2 Nationality Restrictions in Football; 3.2.3 Access to Justice in the Football Industry; 3.3…Jurisdictional Questions; 3.3.1 Is Sport Within the Scope of Application of Community Law?; 3.3.2 Application to Private Parties; 3.4…The Nationality Restrictions; 3.4.1 National Representative Football; 3.4.2 Club Football; 3.4.3 Residual Issues; 3.4.4 Adjusting Practices in the Football Industry; 3.5…The Transfer Rules; 3.5.1 The Basis of the Court's Objection to the System; 3.5.2 Players Still Under Contract
    Description / Table of Contents: 3.5.3 Adjustments in the Game3.6…The Scope of the Law of Free Movement; 3.7…Justification; 3.7.1 Law; 3.7.2 Application to Football; 3.7.3 Adjusting Football; 3.7.4 Fostering Competitive Equality; 3.7.5 Encouraging Young Players; 3.8…A Transfer System Within a Domestic League; 3.8.1 Reverse Discrimination; 3.8.2 Economic Pressures; 3.8.3 Legal Issues; 3.9…Conclusion; References; 4 Annotation [Bosman Case]; 4.1…Introduction; 4.2…The Factual Background; 4.2.1 The Structure of the Football Industry; 4.2.2 The Transfer Rules; 4.2.3 The Nationality Restrictions
    Description / Table of Contents: 4.2.4 Jean-Marc Bosman, the Footballer
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  • 22
    ISBN: 9789462650299
    Language: English
    Pages: Online-Ressource (XIII, 303 p. 1 illus, online resource)
    Series Statement: International Criminal Justice Series 1
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Sciences and Law
    Parallel Title: Druckausg. Africa and the International Criminal Court
    RVK:
    Keywords: Law ; Afrika ; Afrikanische Union ; Internationaler Strafgerichtshof
    Abstract: In November 2013, the South African-German Centre for Transnational Criminal Justice hosted a conference on Africa and the International Criminal Court, in Cape Town, South Africa. The theme of the Conference was the strained relationship between African states, represented by the African Union (AU), and the International Criminal Court (ICC). This relationship started promisingly but has been in crisis in recent years. This book sheds light on the present frictions between the AU, the ICC and the UN Security Council. Eminent experts in the field of international criminal justice, including judges and prosecutors of the ICC and other African judicial bodies, as well as international criminal law scholars, analyze and debate the achievements and shortcomings of interventions by the ICC in Africa. They propose ways in which international courts and domestic courts within and outside of Africa can cooperate and address fundamental issues of international criminal law, such as the implementation of the Rome Statute, deferrals of cases before the International Criminal Court and the prosecution of crimes by third states on the basis of universal jurisdiction. Researchers and practitioners in the field of international criminal law and related disciplines will benefit from the high-level experiences and proposals brought together in this volume. For students with a focus on criminal law and its international implications it is a source of information and challenges
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  • 23
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789067049337
    Language: English
    Pages: Online-Ressource (XX, 259 p. 1 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. New technologies and the law of armed conflict
    RVK:
    Keywords: Computers Law and legislation ; Law ; Law ; Computers Law and legislation ; Military art and science Technological innovations ; Military weapons (International law) ; War (International law) ; Aufsatzsammlung ; Konferenzschrift ; Bewaffneter Konflikt ; Militärtechnik ; Informationstechnik ; Kriegsrecht ; Bewaffneter Konflikt ; Krieg ; Kriegführung ; Waffensystem ; Internationales Recht
    Abstract: With a Foreword by Michael N. Schmitt, Charles H. Stockton Professor and Chairman, United States Naval War College. Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace. New Technologies and the Law of Armed Conflict is highly recommended to everyone involved in the ongoing weapons debates, as well as those interested in the broader relationship between law and war. Hitoshi Nasu and Robert McLaughlin are Senior Lecturer and Associate Professor respectively at the ANU College of Law, Australian National University, Canberra ACT, Australia
    Description / Table of Contents: Introduction: Conundrum of New Technologies in the Law of Armed ConflictThe Legal Challenges of New Technologies: An Overview -- Ethical Challenges of New Military Technologies -- Legal Review of New Technology Weapons -- Where Do Cyber Hostilities Fit in the International Law Maze? Geography, Territory and Sovereignty in Cyber Warfare -- Military Strategic Use of Outer Space -- The Law Applicable to Military Strategic Use of Outer Space -- Nanotechnology and the Law of Armed Conflict -- Anticipating the Biological Proliferation Threat of Nanotechnology: Challenges for international Arms Control Regimes -- Nanotechnology and Military Attacks on Photosynthesis -- Unmanned Aerial Vehicles: Do They Pose Legal Challenges? Examining Autonomous Weapon Systems from a Law of Armed Conflict Perspective -- Unmanned Naval Vehicles and the Law of Naval Warfare -- Conclusion: Challenges of New Technologies for the Law of Armed Conflict.
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  • 24
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789067049214
    Language: English
    Pages: Online-Ressource (XXV, 216 p, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. McBride, Julie The war crime of child soldier recruitment
    RVK:
    Keywords: Law ; Law ; Kind ; Soldat ; Rekrutierung ; Kriegsverbrechen ; Kind ; Soldat ; Bewaffneter Konflikt ; Krieg ; Rekrutierung ; Kriegsverbrechen ; Völkerstrafrecht
    Abstract: The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This book follows the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed. The book is a useful guide for practitioners dealing with the crime: the available defences and the ICC’s prosecutorial strategy. Dr. Julie McBride is currently working on international advocacy related to children and armed conflict at War Child Holland. The research for this book was carried out for Queen's University Belfast, T.M.C. Asser Instituut The Hague, and Colombia University New York
    Description / Table of Contents: The Child Soldier DilemmaThe Rome Statute: Codification of the Crime -- The Special Court For Sierra Leone: ‘Crystallisation’ and Child Soldiers -- The Special Court for Sierra Leone: The First Convictions -- Child Soldiers at the International Criminal Court -- Conclusions.
    Note: Includes bibliographical references and index
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  • 25
    ISBN: 9789462650022
    Language: English
    Pages: Online-Ressource (XV, 464 p. 1 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Boothby, William H., 1951 - Conflict law
    RVK:
    Keywords: Law ; Law ; Krieg ; Kriegführung ; Waffensystem ; Kriegsrecht ; Menschenrecht
    Abstract: In this, the second decade of the 21st Century, the law relating to conflict is confronted by a number of challenges this book seeks to identify and to discuss. Topics as diverse as the evolving spectrum of conflict, innovations in weaponry, automated and autonomous attack, the depersonalisation of warfare, detention operations, the influence of modern media and the application of human rights law to the conduct of hostilities are examined to see to what extent existing legal norms are under attack. The book takes each topic in turn, explains relevant provisions of contemporary law and analyses exactly where the legal problem lies. The analysis then develops the theme, examining for example the implications of current rules as to deception operations for certain applications of cyber warfare. The book, written in an accessible style, demonstrates the continuing relevance of established rules and the importance of compliance with them. It is a valuable tool for further discussion and research involving academics, military lawyers and commanders, governments, ministries of defence and foreign affairs, libraries, diplomats, think tanks, policy units, NGOs, journalists, students and all others with an interest in law of armed conflict issues. Dr William H. Boothby is the Former Deputy Director of Legal Services, Royal Air Force, United Kingdom
    Description / Table of Contents: IntroductionThe Changing Legal Spectrum of Conflict -- International manuals and international law -- Interacting technologies and legal challenge -- Weapons law and future conflict -- Legal implications of emerging approaches to war -- People and the Legal Spectrum of Conflict -- Detention operations: Legal safeguards for internees -- The law of armed conflict and human rights law -- Making sense of the human rights law/law of armed conflict conundrum - a practical proposal -- War in the spotlight -- Bringing the strands together.
    Note: Includes bibliographical references
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  • 26
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462650237
    Language: English
    Pages: Online-Ressource (XV, 309 p, online resource)
    Series Statement: Legal Issues of Services of General Interest
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Wiberg, Maria The EU Services Directive
    RVK:
    Keywords: Law ; Law ; Europäische Union Dienstleistungsrichtlinie ; Europäische Union Dienstleistungsrichtlinie
    Abstract: The objective of the EU Services Directive is to realise the internal market for services which is of great importance to the EU and its Member States in respect of facilitating jobs and economic growth. This goal is difficult to achieve without also issues of national social policy, closely related to the welfare state, being affected. This has led to the EU Services Directive exhibiting distinctive features and functions, introducing unique implementation and evaluation procedures and mechanisms to be used by, and within, the Member States. Thus, the Services Directive’s characteristics have raised numerous legal questions essential for its full understanding and implementation. It has become a “moving target” for the national administrations. The understanding and implementation of the Services Directive raises several central questions, such as: is it to be interpreted as law or simply policy, and, in light of this, what are its actual effects on the regulatory autonomy of the Member States? In general, does the Services Directive represent a new and innovative instrument which facilitates prosperous integration within the EU or, has the EU legislator gone beyond its regulatory competence? This book provides an in-depth analysis of the EU Services Directive, its scope and its application, and clarifies the problems in interpreting the Services Directive and its effects on the national regulatory autonomy of the Member States. It is a valuable source of information for government officials, practitioners and researchers involved in matters of European Law and especially the EU Services Directive. Maria Wiberg is a Doctor of European Law and Deputy Director at the Swedish Ministry of Foreign Affairs, the Department for the EU Internal Market and the Promotion of Sweden and Swedish Trade, Stockholm, Sweden
    Description / Table of Contents: IntroductionBackground to the Harmonisation of the Free Movement of Services -- Transposing the Services Directive -- The Services Directive as Legislative Tool -- National Regulatory Autonomy versus Conferred Powers in the Services Directive -- Bases for Defining the Scope of Articles 49 and 56 TFEU and the Services Directive -- Scope and Effect as Defined by Restrictiveness and Justifications -- Definition of “Measures” and “Requirements” -- Scope of “Service Activities” -- New and Multi-Level Governance within the Union -- Contextual Understanding of the Services Directive -- The Services Directive Constituting Simply Policy.
    Note: Description based upon print version of record
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  • 27
    ISBN: 9789067048941
    Language: English
    Pages: Online-Ressource (XXXIX, 951 p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. International courts and the development of international law
    RVK:
    RVK:
    Keywords: Law ; Aufsatzsammlung ; Bibliografie ; Internationale Gerichtsbarkeit ; Völkerrecht ; Treves, Tullio 1942-
    Abstract: This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law.Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a "subsidiary means for the determination of rules of law. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts.In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered.The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
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  • 28
    ISBN: 9789067048859
    Language: English
    Pages: 1 online resource (385 pages)
    Edition: 1st ed.
    Parallel Title: Erscheint auch als
    DDC: 341
    RVK:
    Keywords: Law ; Globalization ; Electronic books ; Aufsatzsammlung
    Abstract: This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.
    Abstract: Intro -- National Legal Systemsand Globalization -- Preface -- Contents -- Contributors -- 1 Introduction -- 1.1...Convergence and Divergence: The Continuing Relevance of National Legal Systems -- 1.2...New Institutions, Common Principles -- 1.3...New Models for National Legal Systems in a Global World -- Part I Convergence and Divergence: The Continuing Relevance of NationalLegal Systems -- 2 Convergence and Divergence, in Law and Economics and Comparative Law -- 2.1...Why Would Divergence Occur? -- 2.1.1 Divergence as a Rational but Not Deliberate Phenomenon -- 2.1.1.1 Informational Imperfections -- 2.1.1.2 Network Effects -- 2.1.2 Divergence as a Rational, Deliberate and Benign Phenomenon -- 2.1.3 Divergence as a Rational, Deliberate but Less Benign Phenomenon -- 2.1.4 Concluding Note -- 2.2...When is There Divergence? -- 2.2.1 The Keyword Trap -- 2.2.2 A Functionalist Methodology to Ascertain Divergence -- 2.3...What is Wrong with Divergence? -- 2.3.1 Convergence as a Value in and of Itself -- 2.3.2 The Costs Associated with Divergence -- 2.3.2.1 Starting Point: Benefits, but No Costs -- 2.3.2.2 The More Realistic Case: Benefits but Also Costs -- 2.4...What can be Done About Divergence? -- 2.4.1 Do Nothing and Leave the Market to Deal with it -- 2.4.2 Top-Down Harmonisation -- 2.4.2.1 A Superficial Cost-Benefit Analysis of Harmonisation -- 2.4.2.2 A More Complete Cost-Benefit Analysis -- 2.4.3 Bottom-Up Alternatives: ''Legal Emulation'' and the Marketplace of Legal Ideas -- 2.5...Conclusion -- References -- 3 The Draft Common Frame of Reference (DCFR): A Giant with Feet of Clay -- 3.1...Basic Principles -- 3.1.1 Function of Contract Law from an Economic Perspective -- 3.1.2 Methodology and the Efficiency Standard -- 3.2...General Conclusions -- References -- 4 The Recodification of Private Law in Central and Eastern Europe -- 4.1...Introduction.
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