This volume provides a fascinating look at the anti-tax avoidance strategies employed by more than fifteen countries in eastern and western Europe, Canada, the Pacific Rim, Asia, Africa, and the United States. It surveys the similarities and differences in anti-avoidance regimes and contains detailed chapters for each country surveying the moral and legal dimensions of the problem. The proliferation of tax avoidance schemes in recent years signals the global dimensions of a problem presenting a serious challenge to the effective administration of tax laws. Tax avoidance involves unacceptable...
This volume provides a fascinating look at the anti-tax avoidance strategies employed by more than fifteen countries in eastern and western Europe, Ca...
The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately...
The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the...
The volume explores the response of democratic nation-states to the problems of terrorism and counter-terrorism within the framework of the Rule of Law. One of the primary subjects of study is the ways in which the interests of the state are balanced or not with the liberty and freedom of the citizens of the state.
The volume explores the response of democratic nation-states to the problems of terrorism and counter-terrorism within the framework of the Rule of La...
Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a 'concept' and a 'normative reality'. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified,...
Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human right...
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights' dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as...
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast arr...
The papers collected in this volume grow out of a series of discussions on the concept of The Rule of Law held at meetings of the European AmericanConsortiumforLegalEducationinWarsaw(2008), theAmerican SocietyforLegalHistoryinTempe, Arizona(2007), andtheAssociationof AmericanLawSchoolsinSanDiego, California(2009). Thegatheringof theEuropean-AmericanConsortiumforLegalEducationwasparticularly signi?cant, becauseitalsomarkedthetwo-hundredthanniversaryofthe UniversityofWarsawFacultyofLaw. Wewouldliketothankthosewho attendedthesemeetingsfortheirinsightfulremarksandfortheirinspi- tion,...
The papers collected in this volume grow out of a series of discussions on the concept of The Rule of Law held at meetings of the European AmericanCon...
This book examines the core concepts of the rule of law, discussing the balance of powers and exploring the relationship between rule of law, human rights and separation of powers as well as the interplay between rule of law, constitutionalism and democracy.
This book examines the core concepts of the rule of law, discussing the balance of powers and exploring the relationship between rule of law, human ri...
This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial, which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court's duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on...
This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial, which includes 15 country studies, a chapter o...
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 volume provides close analysis of some of the most important decisions made by Latin American national courts, as well as those made by international legal bodies, that affect the rights and interests of these groups. Specially selected for their depth of argument and value as exemplars,...
Translated and updated from the seminal Spanish text on legal decisions affecting gender and sexuality in Latin America, this English edition is th...
The notion of "natural law" has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for...
The notion of "natural law" has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, f...
