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Schriftenreihe Europäisches Recht, Politik und Wirtschaft

Daniel Eicke

Völkerrecht als Prüfungsmaßstab für Sekundärrechtsakte der Union

Studies in International Law

This book sets out a legality-centred model to better understand the interpretation of crimes in international criminal law. It offers a new way of understanding the interpretation of crime as a two-dimensional process: determining what the law is and interpreting whether that law in fact criminalises the conduct in question. This model affects the process and the outcome of judicial interpretation. The book moves beyond the abstract by applying the model to two case studies: (1) organisational policy as a contextual element of crimes against humanity, and (2) the crime of forced marriage. It brings often-overlooked criminal law theory into the field of international criminal law, offering a fresh, innovative perspective on interpretation and placing the legality principle back at the centre of crime interpretation.

Revisiting the Legality Principle

Judicial Discretion in the Interpretation of International Crimes

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

Regional Integration Court in a Global Context

The Caribbean Court of Justice

This book explores the intricated evolution of flexibilities in copyright law, addressing some of the most pressing challenges the copyright balance has faced in the past decades.

Flexibilities in Copyright Law

Routledge Contemporary Southeast Asia Series

This book examines the persistence of blasphemy provisions, their increasing use in post-authoritarian Indonesia and the extent to which religion has been instrumentalised for political ends justified by law.Based on empirical research and an analysis of more than a hundred court decisions that connects evidence to theoretical discussions, this book traces the evolution and dynamics of capitalism in relation to the nature of legal order and the operation of laws, particularly those related to religion. Using an interdisciplinary approach, the author offers a rich analysis of the competing discourses on blasphemy in Indonesia. The work bridges the literatures of law and other social sciences. Providing an updated analysis of Indonesian blasphemy laws, this book also aims to shed light on the dynamics of legal order that affect how and why such laws exist. Rather than merely documenting regulations on and cases of blasphemy, the study aims to further understand the operation of law as a reflection of power relations. Specifically, the book reveals that the persistence of blasphemy laws has more to do with the illiberal nature of Indonesia's legal order, which renders laws that privilege religious orthodoxy a practical instrument for religious mobilisation for political purposes, than with the cultural distinctiveness of Indonesian society or the lack of modern bureaucratic and legal institutions supporting secularisation, as many scholars have argued.Offering original contribution to scholarship on blasphemy, the politicisation of religion and illiberalism in democracies, this book will be of interest to academics in the field of Asian politics, law and Southeast Asia studies.

The Sacred, the State and the Ballot Box

Law and Politics of Blasphemy in Indonesia

The Rule of Law in Context

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

This book analyses the tendency in international law scholarship and criticism to seek a 'new' international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

This book analyses the tendency in international law scholarship and criticism to seek a â€˜newâ€™ international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

The 'New' International Law

Previously known as Drafting Agreements in the Biotechnology and Pharmaceutical Industries, this title provides precedent agreements for the main types of commercial transaction encountered in the life sciences, biotechnology and pharmaceutical industries. In addition to the print version, each precedent is available via an accompanying website in a format which can be easily downloaded and edited. Detailed commentary on legal, commercial and practice issues accompanies every precedent. Provided by specialist lawyers from across Europe, this commentary also highlights important differences between English law and that of other key EU jurisdictions: Germany, France, the Netherlands, Spain and Sweden. Commentary on specific considerations for the US is also provided. In addition to precedent commentaries, the book also contains detailed commentary and discussion of legal issues common to the life sciences, biotechnology and pharmaceutical industries, as well as links to relevant materials (eg regulatory materials on clinical trials). This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Drafting Agreements in Life Sciences

This collection brings together revised, updated and new essays on EU citizenship by one of the leading commentators in the field. This important collection argues, in the face of increasing pessimism (not least from other citizenship lawyers), that EU citizenship offers much to admire and celebrate. The author explores the question from three perspectives; firstly looking at the status of citizenship in Europe before moving onto perceived points of issue. Finally, the author sets out the added value of citizenship, concluding that despite all the challenges faced, it is well placed to deal with future challenges both in the medium and long term. This is an important statement on the current and future status of a key tenet of European Union law by one of its leading commentators, and will be required reading for all scholars in the field.

Brings together revised/updated and new essays on EU citizenship by one of the leading commentators in the field.

Ius Tractum of Many Faces

European Citizenship

Beck international

European Contract Law

Routledge Research in International Law

General International Law and the International Legal Order

Relational Normativity of International Law

This advanced textbook offers an overview and critical treatment of comparative law, incorporating both traditional and modern approaches to the discipline and an up-to-date survey of the key methodological debates. The fundamental concepts of comparative law are examined through the lens of three main questions: what to compare, why compare, and how to compare.The study of the objects of comparative analysis (what to compare) begins with a critique of legal positivism to address a plurality of legal concepts. The investigation of the aims of comparative law (why compare) considers the most widespread classifications of legal orders and the diverse approaches to the study of legal change. Finally, the methods of comparative law (how to compare) are analysed, taking into account their different functions. Adopting a contextualised, interdisciplinary approach to the subject with a focus on a range of different legal systems, the author brings in examples from politics and economics to the analysis, highlighting the importance of comparative law for the understanding of modern societies.Comparative Law: A Critical Introduction will provide a thought-provoking read for advanced-level students and scholars of comparative law.

A Critical Introduction

Comparative Law

"In one wide-ranging volume, Lambert and the country reporters demonstrate that law can not only keep up with technological change, but can in fact stay well ahead by anticipating upcoming questions. This comprehensive comparative reference will be invaluable for lawyers and students." (Professor Joshua Fairfield. Washington and Lee University School of Law, Review of a previous edition) Bringing together a global team of authors, the International Handbook of Social Media Laws covers the law relating to social media across 34 countries in total. From influential social media defamation cases in Australia, to tweeting from court, and regulations enforced by the UK's Online Safety Act 2023, this book clearly articulates the main legal issues and developments across various legal jurisdictions, to ensure a company's social media presence is fully compliant with the law of each country. The third edition has been fully updated to incorporate new criminal and civil case law, and covers topics including: - Online abuse, online bullying and cyberbullying laws - Laws or rules specific to children and social media - Bans or restrictions on the use of, or access to, the internet or social media, including the influential TikTok, Inc. v. Garland case in the US - Use of social media as evidence in courts - Hacking and data breach laws. Contributors to the volume each provide coverage of their own country, ensuring the volume is both authoritative and practical. Countries represented include: Argentina, Australia, Belgium, Brazil, Bulgaria, China, Czech Republic, Denmark, El Salvador, Estonia, Finland, France, Germany, Greece, Hungary, India, Ireland, Italy, Malta, Mexico, New Zealand, Norway, Senegal, Serbia, Singapore, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, United Kingdom, United States and Uruguay. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

International Handbook of Social Media Laws

Völkerrecht als Prüfungsmaßstab für Sekundärrechtsakte der Union

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