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Corporal Punishment of Children

Comparative Legal and Social Developments towards Prohibition and Beyond

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Edited by Bernadette Saunders, Pernilla Leviner and Bronwyn Naylor

Corporal Punishment of Children - Comparative Legal and Social Developments towards Prohibition and Beyond provides insights into the views and experiences of prominent academics, and political, religious, and human rights activists from Australia, Canada, Germany, Ireland, Israel, New Zealand, Norway, South Africa, Sweden, the UK, and the US. Country-specific and thematic insights in relation to children’s ongoing experience of corporal punishment are detailed and discussed, and key questions are raised and considered with a view to advancing progress towards societies in which children’s human rights to dignity and optimal development are more fully recognised.

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Aistė Mickonytė

In this monograph, Aistė Mickonytė examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention. Arguing that EU anti-cartel procedure is criminal within the meaning of the Convention, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.

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Linzhu Wang

In Self-determination and Minority Rights in China, Linzhu Wang examines the rights of China’s minorities from the perspective of self-determination. The book offers an insight into the ethnic issues in contemporary China, by examining the principle of self-determination in shaping China’s ethnic grouping and appraising the rights of the minorities and their limits. Based on a comprehensive survey of the practice of self-determination in the Chinese context and the Regional Ethnic Autonomy regime, the author seeks to answer the questions of how the ethnic policies and laws have come to be, why they are problematic, and what can be done to promote minority rights in China.

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Edited by Chris Carey, Ifigeneia Giannadaki and Brenda Griffith-Williams

This timely volume brings together leading scholars and rising researchers in the field to examine the role played by the law in thinking and practice in the legal system of classical Athens. The aim is not to find a single perspective or method for the study of Athenian law but to explore the subject from a variety of different angles. The focus of the collection on ‘use and abuse’ raises fundamental questions about the status of law in the Athenian constitution as well as the use of law(s) in the courts, the nature of law itself, and the elusiveness of a definition of ‘abuse’. An introduction sketches the major developments in the field over the last century.

International Institutional Law

Sixth Revised Edition

Henry G. Schermers and Niels M. Blokker

This sixth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the African Union, ASEAN, the European Union, Mercosur, NATO and OPEC have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional characteristics. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The book’s theoretical framework and extensive use of case-studies is designed to appeal to both academics and practitioners.

Revisiting Unity and Diversity in Federal Countries

Changing Concepts, Reform Proposals and New Institutional Realities

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Edited by Alain-G. Gagnon and MIchael Burgess

The principal aim of this book is to revisit the basic theme of “unity and diversity” that remains at the heart of research into federalism and federation. It is time to take another look at its contemporary relevance to ascertain how far the bifocal relationship between unity and diversity has evolved over the years and has been translated into changing conceptual lenses, practical reform proposals and in some cases new institutional practices. This book is structured around four main parts: (1) the evolving conception of diversity over time and across continents; (2) the interplay between unity and diversity in complex settings; (3) federalism as decision-making and new institutional practices that have been put forward and tested; and (4) constitutional design and asymmetrical federalism as a way to respond to legitimate and insisting claims and political demands.

Civil-Military 'Legal' Relations: Where to from Here?

The Civilian Courts and the Military in the United Kingdom, United States and Australia

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Pauline Therese Collins

Civil-military relations establishes the civilian control over the military to protect democratic values. This book argues analysis of the CMR is distorted by the absence of consideration of the judicial arm, with the ‘civil’ seen as referring only to the executive and/or legislature. The civil courts approach to military discipline and the impact that has for CMR within — the United Kingdom, United States and Australia is investigated. The author concludes that by including the courts in the development of CMR theory militarisation of the civilian domain is discouraged. A paradigm shift acknowledging the fundamental role of all three organs of government in liberal democracies, for control of States’ power is essential for genuine civilian oversight.

The Court of Justice of the European Union

Subsidiarity and Proportionality

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Kate Shaw

In the Court of Justice of the European Union, Subsidiarity and Proportionality Kate Shaw sets out how a subsidiarity and proportionality review applied to competences could be anchored by the Court of Justice when balancing the competing interests in cases concerning the residency rights of EU citizens. The book also considers the extent to which a court which is dedicated to enhancing the European project is really able to be an independent arbiter between the EU and the Member States in this context. Both the legal reasoning of the Court and the controversial nature of residency rights of EU citizens are legally and politically very topical at the moment and of interest to legal academics and law students.

La protection internationale du patrimoine culturel de la mer

Les compétences de l’État sur les biens culturels submerges

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Marine They

Since the 1980’s, States have been increasingly concerned with ensuring appropriate protection of underwater cultural heritage, endangered by anthropogenic activities reaching ever deeper ocean waters. The localisation of certain sites in the high seas has raised jurisdictional claims, sometimes grounded on an extension of connected factors (spatial and “extra-spatial”) already recognized in general international law and in the law of the sea, while other cases are based on hitherto purely factual links. But conventional and customary rules remain insufficient, either for a real delimitation of state’s competences or for regulating the exercise of jurisdiction once authorized in a certain sphere. In La protection internationale du patrimoine culturel de la mer, Marine They provides a details analysis of these critical issues.

Depuis les années 1980, les États se montrent de plus en plus soucieux d’assurer une protection adéquate au patrimoine culturel submergé en mer, menacé par les activités anthropiques jusque dans les grands fonds marins. La localisation de certains sites en haute mer a fait naître des revendications de compétence tantôt fondées sur l’extension des rattachements légaux (spatiaux et « extra-spatiaux ») reconnus par le droit international général et par le droit de la mer, tantôt sur des facteurs de rattachement jusqu’ici purement factuels. Insuffisantes aux fins de procéder à une véritable délimitation des compétences en la matière, les règles conventionnelles et coutumières le sont tout autant lorsqu’il s’agit d’encadrer l’exercice des fonctions étatiques dans une sphère de compétence déjà reconnue.

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Edited by Alice Valdesalici and Francesco Palermo

Comparing Fiscal Federalism investigates intergovernmental financial relations and the current de jure and de facto allocation of financial and fiscal powers in compound states from a comparative and interdisciplinary perspective. The volume combines theoretical approaches with case studies and involves scholars from various disciplines, in order to provide a comprehensive analysis of different approaches, developments and trends. This includes outlining fiscal federalism’s basic principles and overall frameworks, investigating current constitutional/legislative settings and how financial systems function, as well as zooming in on a selection of emerging issues in financial and fiscal relations. The single chapters are based on comparative investigations under the umbrella of a broad definition of fiscal federalism that includes all varieties of federal systems.