The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies

The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies PDF Author: August Reinisch
Publisher: Oxford University Press
ISBN: 0191062057
Category : Law
Languages : en
Pages : 1089

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Book Description
The Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies entered into force more than 60 years ago. This Commentary offers for the first time a comprehensive discussion covering both Conventions in their entirety, providing an overview of academic writings and jurisprudence for a legal field of particular practical relevance and gives both the academic researcher as well as the practitioner a unique source to understand the complexity of legal issues that the UN, its Specialized Agencies, their officials, Member States' representatives, and experts face in today's world.

The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies

The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies PDF Author: August Reinisch
Publisher: Oxford University Press
ISBN: 0191062057
Category : Law
Languages : en
Pages : 1089

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Book Description
The Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies entered into force more than 60 years ago. This Commentary offers for the first time a comprehensive discussion covering both Conventions in their entirety, providing an overview of academic writings and jurisprudence for a legal field of particular practical relevance and gives both the academic researcher as well as the practitioner a unique source to understand the complexity of legal issues that the UN, its Specialized Agencies, their officials, Member States' representatives, and experts face in today's world.

The Effectiveness of the Köbler Liability in National Courts

The Effectiveness of the Köbler Liability in National Courts PDF Author: Zsófia Varga
Publisher: Bloomsbury Publishing
ISBN: 1509939210
Category : Law
Languages : en
Pages : 312

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Book Description
Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.

Privatising Punishment in Europe?

Privatising Punishment in Europe? PDF Author: Tom Daems
Publisher: Routledge
ISBN: 1351979922
Category : Social Science
Languages : en
Pages : 195

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Book Description
In recent times the question of private sector involvement in public affairs has become framed in altogether new terms. Across Europe, there has been a growth in various forms of public-private cooperation in building and maintaining (new) penal institutions and an increasing presence of private companies offering security services within penal institutions as well as delivering security goods such as electronic monitoring and other equipment to penal authorities. Such developments are part of a wider trend towards privatising and marketising security. Bringing together key scholars in criminology and penology from across Europe and beyond, this book maps and describes trends of privatising punishment throughout Europe, paying attention both to prisons and community sanctions. In doing so, it initiates a continent-wide dialogue among academics and key public and private actors on the future of privatisation in Europe. Debates on the privatisation of punishment in Europe are still underdeveloped and this book plays a pioneering and agenda-setting role in developing this dialogue.

Comparative Administrative Law

Comparative Administrative Law PDF Author: Susan Rose-Ackerman
Publisher: Edward Elgar Publishing
ISBN: 178471867X
Category : Law
Languages : en
Pages : 753

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Book Description
A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This Research Handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.

Yearbook of International Organizations 2014-2015, Volumes 1a & 1b (Set)

Yearbook of International Organizations 2014-2015, Volumes 1a & 1b (Set) PDF Author: Union Of International Associations
Publisher:
ISBN: 9789004271975
Category : Business & Economics
Languages : en
Pages : 1452

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Book Description
Volume 1 (A and B) covers international organizations throughout the world, comprising their aims, activities and events.

The FIDIC Red Book Contract

The FIDIC Red Book Contract PDF Author: Christopher Seppälä
Publisher: Kluwer Law International B.V.
ISBN: 9403520639
Category : Law
Languages : en
Pages : 1073

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Book Description
Conditions of Contract for Construction – known universally as the Red Book – published by the International Federation of Consulting Engineers (known by its French acronym FIDIC) is the most widely used standard form of international construction contract. This book is a detailed commentary on the 2022 reprint of the 2017 FIDIC Red Book. For each of the Red Book’s 168 Sub-Clauses the commentary: identifies changes from the 1999 edition; analyses the meaning and significance of the Sub-Clause and lists related Sub-Clauses; describes related international arbitration awards, national court decisions and legal principles; and, where appropriate, proposes amendments to improve the Sub-Clause. As the FIDIC Yellow and Silver Books are very similar to the Red Book, much of the commentary is equally applicable to those forms of contract. The author is a FIDIC ‘insider’ having served for more than thirty years as Legal/Special Adviser to, or Member of, the FIDIC Contracts Committee which is responsible for preparing FIDIC’s contracts. This book is an indispensable resource for all parties called on to work with a FIDIC contract. With guidance for every stage of a construction project, whether in drafting, negotiating, performing, interpreting, or administering a FIDIC contract, the book’s easy-to-use structure includes such issues and topics as the following: introduction to FIDIC and its contracts and to publications of FIDIC and others relevant to the Red Book including the 2022 FIDIC Contracts Guide; critical examination of each Sub-Clause and advice for amending the same in order to better adapt it to the interests of each party (the Employer or the Contractor); special attention to each Sub-Clause relating to the Contractor’s and the Employer’s claims and claims procedure and to how to assert claims effectively, as well as to time bars and other pitfalls and how they may be overcome; detailed examination of Sub-Clauses relating to the referral of issues or disputes to the Dispute Avoidance/Adjudication Board and, if necessary, to international arbitration, and optimal strategies for doing so; discussion of the changes required to the 2017 Red Book by The World Bank’s Conditions of Particular Application (‘COPA’); reference, where appropriate, to the UNIDROIT Principles of International Commercial Contracts and trade usages; comprehensive discussion of practical issues that arise under common law, civil law and international legal principles, especially when a contract is with a state or public body; comparison of common law and civil law methods of contract interpretation and a suggested practical approach to interpretation given a FIDIC contract’s international arbitration clause; and overcoming problems that can arise when a contract is governed by the law of a less-developed country. Legal and technical terms are clearly defined, and numerous figures and tables are included to illustrate steps in contract procedures. Detailed attention is paid to terminological distinctions among the various legal traditions, including a comparison of British-English and American-English construction contract terms. Unquestionably the most detailed and thorough commentary ever published on the FIDIC Red Book, this highly practical work enables preparers of FIDIC contracts to amend and adapt the Red Book’s provisions to a particular project. Dispute adjudicators, arbitrators, and judges will welcome the book’s authoritative guidance on interpreting the provisions of a FIDIC contract, and engineers and other construction professionals involved in contract administration will appreciate the book’s many practical features.

State Liability and the Law

State Liability and the Law PDF Author: Bartłomiej Wróblewski
Publisher: Taylor & Francis
ISBN: 1000846334
Category : Law
Languages : en
Pages : 180

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Book Description
This book explores the historical foundations of holding public authorities accountable for their acts, and discusses how and why the idea that the state should or should not be held liable became established in three significant jurisdictions. The issue of state liability for legislative acts is considered one of the most difficult and controversial problems in jurisprudence. This book analyses the development of concepts and institutions of liability for the acts of legislator pertaining to the general principles of state liability until the mid-20th century in the leading European legal systems: Germany, France and Great Britain. It is shown that, in contrast to the prevailing conviction, the lack of liability for law-making instruments was not an unassailable dogma, and that questions as to whether such liability was possible were being asked from the Middle Ages onwards. The book will be a valuable resource for academics and researchers in the areas of Constitutional Law, Public Law, History of Law, History of Legal and Political Thought, Philosophy of Law, and Comparative Legal Studies.

Business and Human Rights

Business and Human Rights PDF Author: Dalia Palombo
Publisher: Bloomsbury Publishing
ISBN: 1509928049
Category : Law
Languages : en
Pages : 261

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Book Description
This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.

Constitutional Law in France

Constitutional Law in France PDF Author: Marie-Luce Paris
Publisher: Kluwer Law International B.V.
ISBN: 9403544872
Category : Law
Languages : en
Pages : 539

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in France provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in France will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

The Council of Europe

The Council of Europe PDF Author: Stefanie Schmahl
Publisher: Oxford University Press
ISBN: 0191653144
Category : Law
Languages : en
Pages : 1110

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Book Description
The Council of Europe, of which all European States are members, plays a pivotal role in the promotion and protection of human rights, democracy, and the rule of law in Europe. Bringing together specialist scholars and practitioners, The Council of Europe: Its Laws and Policies offers profound insights into the functioning of the organization. The organization's primary and secondary law, its institutional structure, and its far-reaching fields of activities are comprehensively and systematically analysed. This volume investigates the impact of the Council's activities within the national legal systems of the Member States and the dense web of relationships between the Council of Europe and other international organisations. An important reference work on one of the most influential organizations in Europe, the book concludes that the Council of Europe has played a considerable role in the constitutionalization process of regional public international law.