For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real...
For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already unde...
The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so.Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised inseven chapters, each dealing with a self-standing theme related to proportionality."
The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumpt...
This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons...
This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of ...
This book provides an analysis of the judgment of the Court of Justice of the European Union in the Pringle case. It focuses on the three main aspects of the ruling. First, it examines the part of the judgment concerning the validity of the European Council Decision 2011/199 - adopted under the simplified revision procedure (Article 48(6) TEU) - which provides for the possibility to establish a financial stability mechanism. Second, it evaluates the new rules developed by the Court in order to interpret agreements concluded exclusively by the member states, such as the ESM Treaty. Third, it...
This book provides an analysis of the judgment of the Court of Justice of the European Union in the Pringle case. It focuses on the three main aspects...
In June 2013, after lengthy and complex negotiations the EU adopted the recast "asylum package" which represents a significant step forward in the future development of CEAS.
In this timely study Velluti provides fresh insights into recent legislative and judicial developments in asylum and through the "lens" of sovereignty she looks at some of the contemporary challenges faced by the EU protection regime, with a particular focus on asylum-seekers' rights.
The volume assesses whether the EU provides an adequate framework for protecting those seeking international protection...
In June 2013, after lengthy and complex negotiations the EU adopted the recast "asylum package" which represents a significant step forward in the ...
This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any...
This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family ...
The book addresses the most critical issue faced by aviation and climate change: namely the development of a market based measure to control aircraft engine emissions. It discusses the current market economic trends as they impact to aviation and suggests steps and measures to be taken in the development of a workable MBM. ICAO has three years to come up with such an MBM on a global scale and this book will spur discussions on how to achieve this objective.
The book addresses the most critical issue faced by aviation and climate change: namely the development of a market based measure to control aircraft ...
The legitimacy or illegitimacy of information exchanges between competitors remains a topical debate with regard to EU competition law and policy. This book reexamines the issue in the retail financial services sector, focusing on the peculiar problems that it poses for EU market integration, consumer policy and protection and the intersection with fundamental rights. It analyzes and reflects on the relevant case law and guidelines offered by the corresponding European authorities, providing a critique of the current approach and advancing the proposition that information markets...
The legitimacy or illegitimacy of information exchanges between competitors remains a topical debate with regard to EU competition law and policy. ...
This book examines the corpus of status quo environmental legal regime, geographical issues and redundant "stakeholder claims," which persist in the Arctic. It examines multifarious theories relating not only to conflicting and opposing interests, but also to parties to whom the shipping industry should be accountable. The unique aspect of this book is the Corporate Social responsibility analysis pertaining to the Arctic and alternatives that strike a balance between the increased commercialization of the shipping industry and the laws and concepts of ocean governance. The...
This book examines the corpus of status quo environmental legal regime, geographical issues and redundant "stakeholder claims," which...
This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant...
This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition...
