European criminal law is a multi-level field of law in which the European Union has a normative influence on substantive criminal law, criminal procedure, and the co-operation between Member States. This book describes the contours of the emerging criminal justice system of the EU, and it presents a coherent picture of the legislation enacted and the case law on the EU level and its influence on national criminal law and criminal procedure. What does mutual recognition mean in the context of the European Arrest Warrant? How can EU law be invoked by an accused? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an in-depth analysis of the case law of the Court of Justice, as well as legislation. In addition, the book challenges the reader to assess the mutual (and sometimes conflicting) influence of EU law and national criminal law respectively, explaining how EU law will usually prevail even though national criminal law still remains relevant. Written for practitioners, academics, and students, the book covers a wealth of court decisions and legal instruments, making it an invaluable source for every lawyer. This second updated and extended edition covers all recent developments since the entry into force of the Treaty of Lisbon in 2009. (Series: Ius Communitatis - Vol. 2)

European Criminal Law: An Integrative Approach (Second Edition) (2) (Ius Communitatis)

Klip, André

Foreign & International Law

Intersentia

*** "Transitional Justice initiatives have long been criticized for an allegedly narrow focus on gross and consistent violations of fundamental civil and political rights and not enough attention to abuse of economic, social and cultural rights. But the problem is not whether but how to apply truth, justice, reparations and institutional reform to fundamental - and often ancestral - inequalities in each transitional society. This volume contributes thoughtful and rigorous research to that fundamental question. It constitutes a challenge to the way transitional justice is executed in our time, but also a tribute to the power of the idea that there are indeed concrete and practical means to realize the idea of justice in societies emerging from conflict." - Juan E. Mendez, former President at the International Center for Transitional Justice and UN Special Rapporteur on Torture *** "Each country facing a past of human rights violations has its own cultural and political history. Each has to find its own unique path to reconciliation and peace. This interdisciplinary volume demonstrates that yet in all cases, tackling social injustice and inequality is a prerequisite for lasting peace. I highly recommend this book to anyone interested in finding appropriate solutions to the problems facing countries in transition." - Richard J. Goldstone, former justice of the Constitutional Court of South Africa and former First Chief Prosecutor of the UN International Criminal Tribunals for the former Yugoslavia and Rwanda *** "This is an important book. Models of transitional justice thus far have largely failed to reflect the subtleties of gender, diversity and intersecting discrimination that must be made central to the process. This book analyses those failures from the experience of those who have the greatest stake in making the transition work and provides those with responsibility for design and implementation with important approaches as to how improvement can be made." - Madeleine Rees, Secretary General, Women's International League for Peace and Freedom, former head of the Women's Rights and Gender Unit of the United Nations Office of the High Commissioner for Human Rights (OHCHR) and head of the Field Office of the OHCHR in Bosnia (Series: Transitional Justice - Vol. 6)

Rethinking Transitions: Equality and Social Justice in Societies Emerging from Conflict (6) (Series on Transitional Justice)

<p>This book studies the situation where unexpected circumstances render the performance of a contract much more difficult or onerous, as well as those circumstances which frustrate the purpose of the transaction. The complexity of modern contractual relationships and, in general, of the social and economic environment, requires similar weight to be given to values other than the classical values of freedom, security, and certainty. Cooperation, solidarity, and flexibility have gained importance. In this context, the recognition of a change of circumstances as a remedy for the affected party may be considered as another aspect of the renewed importance of justice and fairness as a counterbalance to the general principle of freedom of contract. In particular, the affected party is entitled to rely on a proper set of remedies directed at the restoration of the agreement until the limit of an adequate sacrifice for the debtor, which includes the duty to renegotiate and, in the case of the renegotiations failing, the revision of the contract by the courts. Thus, the contract may be considered to be a union of balanced interests, an instrument of loyal cooperation, and a result of the mutual confidence between the parties. The study includes a comparative analysis of European and Latin American jurisdictions, as well as US contract law. In addition to national jurisdictions, the book also examines how modern model codes or restatements of international contract law deal with this problem. Because of its broad comparative analysis, this is a useful tool to national and regional legislators, as well as to judges and parties involved in cases in which a supervening and unforeseen change of circumstances has severely altered the performance of the contract. (Series: Ius Commune Europaeum - Vol. 94)</p>

The Effect of a Change of Circumstances on the Binding Force of Contracts: Comparative Perspectives (94) (Ius Commune: European and Comparative Law Series)

Momberg Uribe, Rodrigo

Business

This 30th volume of Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Tribunal for the former Yugoslavia in 2006. It includes the full text of the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 30)

Annotated Leading Cases of International Criminal Tribunals - Volume 30: The International Criminal Tribunal for the Former Yugoslavia 2006 (30)

This 32nd volume of Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Tribunal for Rwanda in 2008. It includes the full text of the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 32)

Annotated Leading Cases of International Criminal Tribunals - Volume 32: The International Criminal Tribunal for Rwanda December 2008 (32)

Rule of law has emerged as an essential objective in assistance to post-conflict and post-crisis societies, such as Somalia, Kosovo, Liberia, and Egypt. This has led to a host of externally promoted programs and projects on law reform, constitutional development, judicial training, and security sector transformation. Through UN Security Council resolutions and other means of conditionality, the rule of law is not simply promoted in post-conflict and crisis settings, but it is also enforced. A failure to adhere to the rule of law can result in donors withholding funds and political support. The employment of the concept as a standard and condition in State-building has national consequences, both legal and political. Clarity in communication on the rule of law is of great importance. This book provides a critical analysis of past and current rule-of-law promotion, and it argues that, despite past experiences of development and technical assistance, rule-of-law reform in war-torn and crisis societies operates in an autonomous field where the best practices and the lessons learned are rarely, or only superficially, acknowledged. Furthermore, there is a need for a reorientation of rule-of-law assistance to the core values of the concept in order to retain its independent and 'analytical bite,' and to develop criteria that can guide reformers in the field. The book provides a comparative and systematic overview of how rule-of-law promotion has been put into effect, and it identifies the challenges and opportunities for enhancing and strengthening norms, ideologies, and methods for legal and judicial reform after war and crisis. (Series: Series on Transitional Justice - Vol. 7) *** "...Sannerholm's pithy volume is an excellent primer for those interested in international rule of law reform efforts in countries emerging from war or crisis. He harbors no illusions about the challenges that these reform efforts face, and his criticisms of such efforts to date are realistic and incisive....a welcome contribution to our understanding of the foundational importance of the rule of law and the immense challenges the international community faces in establishing it where it is absent." - NYU Journal of International Law and Politics, Vol. 45, Issue 3, 2013Ëœ

Rule of Law after War and Crisis: Ideologies, Norms and Methods (7) (Series on Transitional Justice)

Sannerholm, Richard

Criminal Law

European Energy Law Report VIII presents an overview of the most important legal developments in the field of EU and national energy and climate change law, as discussed at the 2010 European Energy Law Seminar. The first section of the book discusses new developments following the energy liberalization process and the Third Energy Package. It includes an overview of recent EU case law on competition in the energy sector. This is followed by a discussion about the cooperation of transmission system operators and, in particular, the role of the European Network of Transmission System Operators, as well as an analysis of the Agency for the Cooperation of Energy Regulators and its role in enhancing the cooperation of national energy regulators. Finally, this section discusses Regulation 994/2010 as a measure to improve the EU's security of gas supply. The second section deals with the promotion of renewable energy sources in a liberalized market. It examines Directive 2009/28/EC as Europe's new tool to reach its ambitious goals of 20% renewables in 2020. Thereafter, it discusses Denmark's new law providing incentives for the promotion of onshore wind energy. The last section concentrates on investments in the energy sector and looks at climate change. It begins with an analysis of the EU rules concerning energy and investment after the Lisbon Treaty. Thereafter, the focus turns to the Yukos Oil case and international arbitration by foreign energy investors in Russia. Finally, the book examines direct foreign investment and its role for combating climate change. (Series: Energy & Law - Vol. 12)

European Energy Law Report VIII (12) (Energy and Law)

Parenting & Relationships

Whereas it is common today to focus on the overwhelming backlog of applications before the European Court of Human Rights, this book deliberately shows that the Court in Strasbourg could be inundated by even more applicants if States' Parties really conformed to Article 34 ECHR, according to which "The High Contracting Parties undertake not to hinder in any way the effective exercise of this right." However, in the past 50 years, more and more direct or indirect hindrances have been devised. Bringing together both researchers and human rights defenders, this collection takes a very concrete and practical look at these hindrances. Following an introduction to the topic, the book then analyzes the hindrances involving the most vulnerable groups (prisoners, migrants, and foreigners). It looks at concrete experiences and sets forth a number of recommendations for a better prevention and sanctioning of these hindrances.

Preventing and Sanctioning Hindrances to the Right of Individual Petition Before the European Court of Human Rights

Rules & Procedures

To what extent does family law accommodate, deny, support, or reflect the existence of religion and religious belief in a range of jurisdictions throughout various family and social situations? This collection of comparative essays brings together reflections on a range of religions, including Islam, Judaism, and Roman Catholicism. With insights from various European jurisdictions - such as Malta, Sweden, Turkey, and the UK - it seeks to discover the place which religion has or might have within family law. (Series: European Family Law - Vol. 30)

The Place of Religion in Family Law: A Comparative Search (30) (European Family Law)

History

World

What determines a company's financial health and what drives company value? Knowledge on financial analysis and business valuation is not always accessible for non-financial specialists, such as managers with a more strategic focus. Nevertheless, having this intellectual skill-set can leverage the ability to make better strategic decisions. Therefore, the authors have structured this book in a way that enables non-specialists to grasp all relevant financial information, using tools that allow efficient financial analyses. For the benefit of the non-financial expert, the book starts by presenting the essentials of financial analysis and business valuation in a structured way. More experienced readers may find new perspectives for conducting financial analyses. Professionals who work with relatively 'static' financial data concerning solvability and debt will welcome the more dynamic financial toolset incorporated in the book. This toolset will enable them to get to the heart of the (financial) matter faster by focusing on relevant data. By making the relevant financial analyses, the book gives the reader a better insight in the company's value. Not just by explaining theory, but by also showing how an individual can use the output of the financial analyses to challenge the forecasted data that will determine the price received or necessary to pay.

Business Valuation: Using Financial Analysis to Measure a Company's Value

Business & Money

Parmentier, Guy

Cuypers, Bart

Accounting

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