The purpose of this book is to analyse the EU's international crisis management capabilities, particularly its military dimension, using what are known as the Petersberg tasks. These capabilities' legal framework is part of Europe's new security and defence context in international relations. In our book we analyse the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP) in the EU Treaty, and the relations between the EU and WEU and NATO; the conception, institutional structure and legal basis of so called Petersberg tasks; the practice of this kind of operations in international crisis management; we also analyse the civilian crisis management tasks in order to identify common points and...
ISBN: 978-3-8433-9061-3
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Дата выхода: июль 2011
Customary International Law is the most contentious area in Public International Law; magnifying the ontological insecurities of International Law through its own apparently paradoxical structure. Customary International Law is an attempt to create normative structures to constrain states, but structures which are, themselves, drawn from the conduct of states. Custom has unique importance, as the only universally binding branch of international law. From the alleged prohibition on torture to the alleged legality of Humanitarian Intervention, claims of customary law are complex, increasing, and contested. The End of Customary International Law offers a fresh perspective on these endemic controversies. Operating at the theoretical level,...
ISBN: 978-3-6390-4770-7
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Дата выхода: июль 2011
Constitutional litigation on school finance equity has raged for decades with little clear understanding of its achievements. The role of the courts has been complex, and they have enjoyed mixed success in affecting school finance reform. Careful examination of court rulings and legislative responses, education revenue and expenditures, and the political, economic, and social context of reform in Missouri and Kansas, states with similar economic and political geographies and contrasting court experiences, shed light on the reasons for such different experiences. Multiple variables were analyzed to attempt to explain these different reform results, including the language and procedures of the courts themselves, the political culture of...
ISBN: 978-3-8364-7971-4
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Дата выхода: июль 2011
The Intergovernmental Panel on Climate Change (IPCC) recognizes the use of biofuels as alternative energies as a possibility to provide large reductions of GHG emissions. However, according to the United Nations, biofuels could only serve as an instrument to mitigate the climate change problem and enhance energy security if its production is held under careful strategies and appropriate regulations, expressed thus by the use of certificate schemes. The European Union under its new proposal for a directive on the promotion of the use of renewable energy from renewable sources proposed a sustainability certificate for biofuels. Due to the fact that all 27 EU-Members as well the European Communities form part of the World Trade...
ISBN: 978-3-6392-4745-9
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Дата выхода: июль 2011
This book explains to a general audience what the European Union is about and how it has grown since 1952 into a polity of 25 States and a population of more than 450 million people.
Книга представляет собой репринтное издание. Несмотря на то, что была проведена серьезная работа по восстановлению первоначального качества издания, на некоторых страницах могут обнаружиться небольшие "огрехи": помарки, кляксы и т.п. Данное издание не является оригинальным. Книга печатается по технологии принт-он-деманд после получения заказа.
ISBN: 9781176605084
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Дата выхода: июль 2011
The 1992 Earth Summit in Rio de Janeiro spearheaded concerns about the environment and the future wellbeing of Earth and human civilization. It highlighted the importance of green energy and sustainable energy development. The European Union's Council progressed forward, spring boarding off of the environmental concerns and scientific knowledge, to establish and develop regulations, laws and tools to promote green and sustainable energy in Europe. This analysis will focus on the regulations, laws, and directives of the European Union's primary energy market. It describes the background of the main European Council's energy sector regulation documents. This work provides a general overview, highlights the main goals, and reports on the...
ISBN: 978-3-6392-7758-6
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Дата выхода: июль 2011
Increasingly, the parties to international commercial agreements are specifying arbitration as the primary means of dispute resolution. The stipulation of the arbitration has a fundamental step on the set up of the arbitration agreement, therefore, the pillar of the whole proceeding. Thus, the arbitration agreement is essential in the arbitration itself, requiring attention in the legal texts that direct the subject in a legal perspective. The subject gained importance after 2006, due to modifications on the approach of the requirements, inserted in a revision of the UNCITRAL Model Law and a new understanding in The New York Convention. This book, besides enhancing the topic of the arbitration agreement, pretends to offer an analysis of...
ISBN: 978-3-8383-7334-8
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Дата выхода: июль 2011
This book sets out the historical context of the current food legislation in Kenya showing the historical connection of Kenyan food law with the British food law system on which it is largely based for format. It illustrates the mechanisms through which Kenya formulates, develops and enforces its food laws and discusses the various processes through which food legislation is achieved. It examines enactment, enforcement, the role of the Kenya Bureau of Standards, and other regulatory agencies, as well as the various influences on food legislation in Kenya. The book also briefly deals with international food legislation while examining any influences these food laws may have had on the current Kenya food law system and may have in the...
ISBN: 978-3-8383-2869-0
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Дата выхода: июль 2011
One of the phenomena in the globalization process in the 20th century was the creation and steady empowerment of International Economic Organizations (IEOs) making them important actors in the performance of governance tasks. This shift of power, however, has not been accompanied by the creation of equally effective forms of accountability as on the state level. In view of that, the idea has evolved that means of accountability could prevent the IEOs’ possibly unrestricted exercise of power. Against this background, this thesis discusses, first, the concept of accountability; second, the current status of accountability in the World Bank, the IMF and the WTO; third, the potential of Compliance, Inspection and Evaluation Mechanisms...
ISBN: 978-3-6392-3563-0
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Дата выхода: июль 2011
The Convention on the Carriage of Goods by Sea (Hamburg rules) was hoped to provide a uniform modern commercial code for the international carriage of goods by sea. However, after 26 years after the diplomatic conference and nearly 13 years after it came into force, the rules have not been ratified by the world's major maritime powers. The main contention of the maritime powers is that, the Hamburg rules have increased the liability of the carrier to unbearable levels. The majority of the world maritime powers have thus, continued to use the previous rules with some adopting a hybrid of the previous and the existing one. My thesis is therefore to assess the extent to which the Hamburg rules have increased the liability of the carrier....
ISBN: 978-3-8383-2229-2
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Дата выхода: июль 2011
Climate change is one of the greatest environmental challenges facing today’s world. The United Nations Framework Convention on Climate Change and the Kyoto Protocol aim at enabling the State Parties to mitigate and adapt to climate change, although they recognize that this will be very costly. Therefore, the Kyoto Protocol contains flexibility mechanisms such as international emissions trading, with the goal of enabling the Parties to achieve their targets at the least possible cost. This book explores the viability of the international emissions trading system in helping the State Parties to achieve cost-effectiveness and the question of whether the system will address the issue of equity which arises with climate change. It proposes...
ISBN: 978-3-6391-9729-7
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Дата выхода: июль 2011
International society is a changing entity. The number of international entities continuously grows. New states are created, old states diminish or disappear. Complex states dissolute and simple states sometimes unite. And then it is up to the states to decide whether they will accept the new circumstances and recognize the particular eventuality and additionally, to decide on the time framework.The end of the Cold War brought unexpected changes to the map of Europe. The breakup of the USSR and Czechoslovakia fortunately was negotiated with minimal friction, but the creation of the new states in the former Yugoslavia was not so peaceful. Several issues in the violent dissolution of the Yugoslav federation were raised and among others,...
ISBN: 978-3-8383-8982-0
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Книга по требованию
Дата выхода: июль 2011
`The Law Against War` is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The aim of this book is to study the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas such as `humanitarian intervention`, `preventive war` or in the possibility of presuming...
Both the foreign investor and the host state government are concerned with certainty and predictability of their relationships. They need to be sure that the other party complies with its promises. They usually try to attain this by entering into concession agreements. In fact, signing an agreement by itself cannot be a guarantee for a party as to performance of obligations undertaken by another. In practice, host states, through exercise of their sovereign powers, have frequently breached concession agreements. This practice is largely reinforced by the view that concession agreements are subject to national laws of host states. The purpose for which concessions are entered, many argue, requires that such agreements be subject to a...
ISBN: 978-3-6392-6792-1
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Книга по требованию
Дата выхода: июль 2011
This edited collection explores the legal foundations of the single market project in Europe, and examines the legal concepts and constructs which underpin its operation.
This book assessed the legal and practical protection of internal minorities in Oromia. In the past, because of the Ethiopian assimilation policy; recognizing Orthodox Christianity as a state religion and Amharic as a sole official language large members of Amhara people moved to the urban centers of Oromia while other ethnic groups also moved for various reasons.Unlike the past Constitutions,in the FDRE Constitution ethnic groups are the bears of sovereign power and entitled to the right to self-determination of which some of them managed to establish their own state. But,there are dispersed internal ethnic minorities in each region.In Oromia, the Oromo and Amhara respectively constitutes 88% and 7.2% while the other groups collectively...
ISBN: 978-3-6392-6153-0
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Книга по требованию
Дата выхода: июль 2011
"San Salvador is closer to Houston, Texas, than Houston is to Washington, D.C. Central America is America and it's at our doorstep, and it has become a stage for a bold attempt, by the Soviet Union, Cuba and Nicaragua to install communism by force throughout the hemisphere." These simple words were spoken by President Reagan to defend U.S. intervention in Central America during the 1980s. Can it all have been so simple? Not quite. The underlying theme behind justifications for intervention was the Monroe Doctrine, the illustrious policy undertaken by the United States in which it treated intervention in the western hemisphere by foreign powers as a threat to national security. This work examines the history of the Doctrine and the...
ISBN: 978-3-6393-2145-6
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Книга по требованию
Дата выхода: июль 2011
Despite the existence of regulatory frameworks for the protection of the environment in Africa, the continent is still experiencing deepening environmental degradation and increasing loss of natural resources. Several inter-related factors are responsible for this state of affairs including poverty, which has been identified by NEPAD as the main cause and consequences of environmental degradation in the region. It follows that if poverty is the main cause of environmental degradation in Africa, then policies, programmes and legal provisions designed to protect the environment will be unsuccessful without a significant improvement in the living standards, well-being and livelihoods of the poor. An opportunity for improving the well-being...
ISBN: 978-3-6392-8575-8
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Книга по требованию
Дата выхода: июль 2011
This thesis deals with the celebrities’ privacy and publicity rights as part of the broader personality rights concept, as it is known in the German legal theory. The origin, scope, and legal protection of privacy and publicity rights, as well as their various aspects are discussed. Conflicts between these rights and the right of the media to freely inform the public are discussed, in order to evaluate which will prevail in various contexts. The approaches of the two countries, the United States and Germany, with regard to these issues are compared, highlighting the main similarities and differences, particularly as concerns the balancing process. This comparative study is supplemented by discussion of the relevant statutory and case...
ISBN: 978-3-6391-8334-4
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Дата выхода: июль 2011
This essay examines the meaning of freedom of conscience and religion in s. 2 (a) of the Canadian Charter of Rights and Freedoms. Set within a polyvocal cultural heuristic, the essay uses the voices of dramatists, historians, judges, legal theorists and ordinary people to illustrate and document the development and evolution of the meaning of conscience. In particular, the essay focuses on whether ‘freedom of conscience and religion' is one integrated right or whether the notions of ‘conscience' and ‘religion' are separable, such that it is possible to argue a non-religious, secular claim to conscience on constitutional grounds. Данное издание не является оригинальным. Книга...
ISBN: 978-3-8383-4748-6
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Книга по требованию
Дата выхода: июль 2011
This work is meant to provide thorough analysis of the legal aspects of the name dispute between Greece and Macedonia and to contribute to the discussion for resolving the dispute. The first part is devoted to examining Macedonia's admission to United Nations, in which I am arguing that it was irregular and unlawful, as a result of which the name dispute from a purely political issue also become a legal matter. Furthermore, as a result of this unlawful act of United Nations' most important organs Macedonia enjoys some kind of a conditional-member status or "quasi" membership, which is not provided in the Charter. Then, I am addressing the relatedness of this unlawful act with Macedonia's aspiration for Euro-Atlantic integration, and at...
ISBN: 978-3-6393-0170-0
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Книга по требованию
Дата выхода: июль 2011
This study is devoted to the "Case of Fehriye Erdal". The case is taken as a representative sample and an indicator of how the current system of international cooperation in criminal matters against terrorism is bound to fail under certain circumstances. Considering the fact that the process of extradition still plays an essential role as the most widely-accepted legal tool for nation-states in their fight against international criminality, the significance of the aforementioned case is better grasped. On such basis, this study is focused on the debate revolved around Fehriye Erdal and to this end, especially, the legal proceedings in Belgium and Turkey came under scrutiny and their relation to the institution of extradition closely...
ISBN: 978-3-8433-9109-2
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Книга по требованию
Дата выхода: июль 2011