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Judge Manfred Lachs and Judicial Law-Making : Opinions on the International Court of Justice, 1967-1993 /
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This volume, the second in the series The Judges , which collects and synthesizes the opinions of leading international contemporary judges who have contributed significantly to the progressive development of international law, is devoted to the work of Judge Manfred Lachs, who was elected to the International Court of Justice in 1967. In his Foreword to the study, UN Secretary General Boutros Boutros-Ghali says of Lachs that ` His contribution to jurisprudence is especially noteworthy. He initiated a significant part of the jurisprudence of the Court in the area of human rights. He contributed to the formulation of the right to self-determination, helped to develop the law of the sea, and participated in the work of the Court in many other areas. But, above all, he was at the forefront of the most progressive battles of the Court, demonstrating great personal courage and great analytical rigour. As President of the Court, he showed a constant interest in improving its procedures and developing relations between the judicial organ and other organs of the United Nations. ' Edward McWhinney's masterly essay, which precedes extracts from Manfred Lachs' Opinions and from some Judgements in which he played a crucial role, is essential reading for all those interested in the World Court, as well for Manfred Lachs' countless admirers, students and colleagues. See Less
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1 online resource (424 pages) : illustrations. :
Includes bibliographical references and index. :
9789004635067
Criminalization Vol. II : Where Do We Go from Here? /
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In this second of two volumes, Criminalization: Where Do We Go from Here embarks on an exploration of the historical roots of over criminalization. It traces its origins back to ancient legal systems and societal norms, elucidating the evolution of the legal framework alongside shifting attitudes and policy decisions. The chapters shed light on the socio-cultural forces that have contributed to the proliferation of criminal laws, resulting in a state of over criminalization in contemporary society, supported by empirical analysis. See Less
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1 online resource (249 pages) : illustrations. :
Includes bibliographical references and index. :
9789004711105
State Succession to International Responsibility /
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In the context of the break-up of the Soviet Union and Yugoslavia, the independence of Montenegro and the unification of Germany, can a new State be held responsible for wrongful acts committed before its independence by the predecessor State? This book is the most comprehensive analysis of State practice, case law and scholarship identifying the factors and circumstances under which the rights and obligations arising from wrongful acts committed before independence can be transferred to a new State. This updated and revised second edition covers new developments, including the recent works of the International Law Commission and the Institute of International Law.
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1 online resource (485 pages) : illustrations. :
Includes bibliographical references and index. :
9789004703810
Criminalization : Politics and Policies /
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Criminalization: Politics and Policies provides a thorough analysis of the relationship between politics, policies, and criminalization. Through diverse perspectives and scholarly essays, it explores the multifaceted issues in criminal justice, law, and governance. The book scrutinizes the impact of law, society, politics, and penal populism on criminalization across legal systems, advocating for a reassessment of criminal law's scope. It delves into the prevalence of resorting to criminalization for social issues, urging for a critical review. Additionally, it examines the normative foundations of criminalization, addressing 'over'-criminalization and exploring its empirical and normative aspects. The anthology also considers the roles of prosecutorial and judicial discretion, as well as State preventive powers, in over-criminalization. Whether a scholar, policymaker, or citizen, readers gain insights into the expansion of criminal laws and their consequences, making it a valuable resource for understanding the dynamics of law, politics, and power in criminal justice. Contributors are Naveed Ahmad, Chirag Balyan, Shruti Bedi, Subhangi Jain, Charles Khamala, Sébastien Lafrance, Sidharth Luthra, David McCallum, Garima Pal, Daria Ponomareva, Alok Prasanna, Yogesh Pratap Singh, and Ekkehard Strauss.
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1 online resource (242 pages) : illustrations. :
Includes bibliographical references and index. :
9789004707856
State Continuity and Nationality: The Baltic States and Russia : Past, Present and Future as Defined by International Law. Second Revised Edition /
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Political changes in Central and Eastern Europe in the 1990s led to important territorial changes and confronted decision-makers and international lawyers with complex questions relevant to State continuity and succession. The case of the Baltic States was particularly difficult since they re-emerged after half-a-century of Soviet occupation. In addition to questions on the status of new States, important issues arose with regard to the fate of nationals of the former federations, generating frantic international efforts in developing and consolidating available rules and principles on nationality in situations of territorial change. In this context, the Baltic case stood apart. It raised questions of non-recognition of consequences of their illegal occupation in international law, but that was not the way the issues were dealt with. The book documents and examines the story of the Soviet occupation of the Baltic States in 1940 and their claim to State continuity fifty years later. It brings in the issue of the obligations of Russia in this context. The book asks the question what nationality solutions had to be adopted in the region and shows the scrutiny they received from international institutions. This second edition of the book revisits decisions that were taken in the 1990s and asks whether they have withstood the test of time. The case of the Baltic States is an example of the strength of international law rules, when applied with courage, and of the risks, when too many compromises with rules and principles are accepted. Although the book is specific in its coverage, it is of general importance because it draws conclusions concerning developments in law and practice which are relevant for a better understanding and regulation of statehood and nationality in international law.
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1 online resource (594 pages) : illustrations. :
Includes bibliographical references and index. :
9789004679627
European Ambitions of the National Judiciary /
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Some years ago, SSR (The Dutch Training and Study Centre for the Judiciary) started a programme to reinforce and deepen knowledge of Community law among the members of the judiciary. Inquiry had revealed a tendency to leave matters of Community law to specialists and interested parties only, even though European law is part of the national legal system and all judges and public prosecutors should therefore be aware of their position as European magistrates. With this work, SSR would like to promote an increase in knowledge of European law among the members of the judiciary and, in particular, to heighten their consciousness of the existence and meaning of regulations of European law which are of immediate importance to the national administration of justice. Community law is a matter for all European countries, and uniformity, and the legal protection it affords, requires an univocal interpretation and application of the regulations of Community law among all member states. The book investigates several themes relating to the actual application of European law by members of the judiciary in everyday practice, including the development of the role of members of the national judiciaries regarding the maintenance of Community law, European norms, the consequences of negligence in the application and implementation of Community law, and the future conception of judicial responsibilities.
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1 online resource (196 pages) : illustrations. :
Includes bibliographical references and index. :
9789004640894
Looking beneath the surface : medical ethics from Islamic and Western perspectives /
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Looking Beneath the Surface explores Arab-Islamic and Western perspectives on medical ethical issues: genetic research and treatment, abortion, organ donation, and palliative sedation and euthanasia. The contributions in this volume discuss the state of the (medical) art, the role of laws, counseling, and spiritual counseling in the decision-making process. The different approaches to the ethical issues, ways of moral reasoning, become clear in these contributions, especially the role of tradition for Islam and the importance of autonomy for the West. Beneath the differences, however, the reader will also discover common values, such as the role of dignity and the value of life, and similar practices. Some of the main differences are sociocultural in nature, rather than religious as such. Well-known experts in the fields of medicine and ethics have contributed to this volume from different religious and secular backgrounds. The book offers a carefully written introduction and final chapter on intercultural comparisons. Looking Beneath the Surface is more than a collection of writings on issues in medical ethics: it helps the reader to compare different paradigms of accountability and moral reasoning.
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1 online resource (xv, 324 pages) :
Includes bibliographical references and indexes. :
9789401209830 :
Available to subscribing member institutions only.
The critical analysis of religious diversity /
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Drawing on international and thematic case studies, The Critical Analysis of Religious Diversity asks its readers to pay attention to the assumptions and processes by which scholars, religious practitioners and states construct religious diversity. The study has three foci: theoretical and methodological issues; religious diversity in non-Western contexts; and religious diversity in social contexts. Together, these trans-contextual studies are utilised to develop a critical analysis exploring how agency, power and language construct understandings of religious diversity. As a result, the book argues that reflexive scholarship needs to consider that the dynamics of diversification and homogenisation are fundamental to understanding social and religious life, that religious diversity is a Western concept, and that definitions of 'religious diversity' are often entangled by and within dynamic empirical realities.
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1 online resource. :
Includes bibliographical references and index. :
9789004367111 :
1573-4293 ; :
Available to subscribing member institutions only.
Rural History of Soviet Central Asia: Land Reform and Agricultural Change in Early Soviet Uzbekistan /
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In the mid-1920s, Uzbekistan's countryside experienced a 'land reform', which aimed at solving rural poverty and satisfying radical fringes among peasants and Party, while sustaining agricultural output, especially for cotton. This book analyses the decision-making process underpinning the reform, its implementation, and economic and social effects. The reform must be understood against the background of the wreckage caused by war and revolution, and linked to subsequent policies of 'land organisation' and regime-sponsored 'class struggle'. Overall, this is the first comprehensive account of early Soviet policy in Central Asia's agricultural heartland, encompassing land rights, irrigation, credit, resettlement, and the co-operative system.
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1 online resource (650 pages) : illustrations. :
Includes bibliographical references and index. :
9789004714250
Tradition in social science /
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Tradition in Social Science is the social philosophy written early in life by the jurisprudent who became the preeminent public law jurist in France in the first quarter of the twentieth century, Maurice Hauriou. His work remains prominent in theorizing European Community as well as in Latin American jurisprudence. His studies concern three areas of research: legal theory, social science, and philosophy. In this book Hauriou first focuses on the object and method of the social sciences in a preliminary chapter. The main text is devoted first to a philosophy of history that uses the growth objectively in fraternity, liberty and equality as the criterion for progress; and next to the subjective elements of progress, namely, the recognition of a "pessimistic individualism" in which failure in conduct is to be expected, but is rectified by social institutions. This part closes with the dynamizing of his philosophy of history by evolution and alternation between two phases of social development, namely, middle ages and renaissances. The second part is the philosophy of social science built around social matter, where the dynamic of imitation is the motive force, and three social networks-positive, religious, and metaphysical-specify its consequences. The last of these, the political fabric, is provided with a final chapter of its own. The main doctrinal device that Hauriou developed for use in law was his theory of the institution; this is developed for the first time in the present work.
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1 online resource (xxvii, 303 pages) :
Includes bibliographical references (p. 249-255) and index. :
9789401207041 :
Available to subscribing member institutions only.
The Transformation of Economic Life under the Roman Empire : a Proceedings of the Second Workshop of the International Network Impact of Empire (Roman Empire, c. 200 B.C. - A.D. 47...
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Did a Roman imperial economy exist under the Late Republic, the Roman Principate and the Later Roman Empire? And if so, what type of economy was it? Another equally important question is: did the Roman Empire, by specific actions, the creation of infrastructures, or its very existence, trigger a transformation of economic life in the regions which it dominated? Or was the Empire a marginal affair in the regions that belonged to it, and did economic developments take their own course, independently of the Empire? Questions like these, which are of great consequence to any student of Roman history, archaeology, and Roman law, are treated in this volume, which in its successive parts focuses on: 1. The character of the Roman economy. 2. Economic life in particular regions of the Roman Empire. 3. The economy of the Later Roman Empire.
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1 online resource :
9789004401624