Bücher der Reihe Ius Gentium: Comparative Perspectives on Law and Justice

This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions.

The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges;

This book explores both the possibilities and limits of arguments from human nature in the context of human rights. Is it plausible to justify the claim to universal validity of human rights by reference to human nature? Or does the idea of human rights in its modern, post-1945 manifestation go, in essence, beyond human nature?

The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent.

The book considers the changes which national sovereignty has undergone through the supranational European integration.

Translated and updated from the seminal Spanish text on legal decisions affecting gender and sexuality in Latin America, this English edition is the only law text to focus specifically on the rights of lesbians, gays, bisexuals and the transgender population in addition to women's rights more broadly.

The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law?

Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families.

Translated and updated from the seminal Spanish text on legal decisions affecting gender and sexuality in Latin America, this English edition is the only law text to focus specifically on the rights of lesbians, gays, bisexuals and the transgender population in addition to women's rights more broadly.

This book compares the judicial review of legislation in the United Kingdom, the Netherlands and the South African constitution of 1996, probing the justification and scope of review, to reveal the influences and practical matters of design and scope.

The contributions to this volume were written by historians, legal historians and art historians, each using his or her own methods and sources, but all concentrating on topics from the broad subject of historical legal iconography. How have the concepts of law and justice been represented in (public) art from the Late Middle Ages onwards?

This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat).

This book explores the potential benefits and disadvantages of geographical indication (GIs) registration schemes, analyzing the utility of GI registrations for the development and promotion of regional economies, both in national and international markets.

This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat).

This book focuses on one part of the judicial system: the criminal justice chain. Lastly, the book presents a comparative study of Belgium and France regarding the new techniques and instruments that are needed to accelerate the judicial response time and to ensure that the judicial system delivers its services on time.

This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated.The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

This book provides a comprehensive Australian perspective on the resolution of resources disputes. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration.

This volume explores the complex nature of genocide and the relative promise of avenues identified by the international community to attempt to put a definitive end to its occurrence, including criminal accountability, civil disobedience and intervention.

The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts.

The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law?

The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are increasingly seen as being naïve, and providing assistance to migrants is more and more frequently subject to administrative or criminal penalties. At the same time, nondemocratic trends and practices that violate human rights and equality are gaining momentum in Europe, the US and Australia. Racism, xenophobia and anti-Islamism are simultaneously becoming more open and public; they are no longer restricted to clandestine platforms but are increasingly being mainstreamed into the political programs of parties that are entering both the EU parliaments and member state legislatures. Similar developments can be seen in the US and Australia. Such transformations in societies, governments, and institutions seem to reflect a growing amnesia regarding the lessons of the two World Wars of the 20th century, and the role that Europe, the US and Australia played in developing a post-war legal framework based on a shared, if imperfect, commitment to human rights.The book presents individual national analyses to reveal an emerging trend of ¿crimmigration¿ regardless of the peculiarities of national legislatures and internal political dynamics. By collecting original contributions from scholars based in and focused on each of these regions, it addresses above all the causes and impacts of the criminalization of migration in the early 21st century. It tackles the direct causes of these trends and encourages readers to rethink their broader political and socio-historic context. Importantly, the book does so by highlighting the ties between the criminalization of migration and equality, racism, and xenophobia.As the politics of migration become more perilous for political alliances like the EU as well for individual migrants, it is more important than ever to critically examine the cause and consequences of migrant criminalization. This collection does so from a variety of disciplinary perspectives and political traditions, seeking to overcome the distractions of charismatic politicians and the peculiar factions of national political systems, in order to reveal the underlying trends and disturbing patterns that are of interest to a broad, internationally-focused audience.

Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European "touch" is one of the book's most unique features.The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it -especially in Asia.

the law of secured transactions, Western law and legal pluralism, fashion law, contract law in China and in the Arab World, contract and tort in the West, scientific evidence, risk regulation, global finance, human rights indicators, anti-discrimination laws, democracy and climate change law.

Today it is normatively contested but descriptively undeniable that a constitutional amendment-one that respects the formal procedures of textual alteration laid down in the constitutional text-may be invalidated for violating either a written or unwritten constitutional norm.

The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts.

The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts.

This book analyzes emergency legislations formed in response to terrorism. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.