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This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.
Practical and Theoretical Challenges to 21st Century Federalism
Beyond Autonomy forces us to rethink the meaning of autonomy as a central organising pillar of federalism. Can federations exist beyond the autonomy realm designed to promote territorial self-governance and direct representation among various levels of government? How do governments of federal systems interact over the design and implementation of policy in highly topical areas such as security, where the optimal distribution of authority is blurred? Which mechanisms promote the compromise necessary in many of today’s democratic federal systems? How do newly emerging federations in Africa and Asia design federal institutions in order to decrease conflict while promoting national solidarity? How can federal systems protect the rights of non-territorial minorities such as many indigenous peoples?
Legal Challenges in the New Digital Age addresses a wide range of legal issues related to emerging technologies. These technologies pose prominent legal challenges, in particular, how to wedge new phenomena into old frameworks; whether we can and should delegate responsibilities to technologies and how to cope with newly created powers of manipulation. Edited by Ana Mercedes Lopez Rodriguez, Michael D. Green and Maria Lubomira Kubica, the book’s sixteen chapters are written by highly qualified international practitioners and academics from different jurisdictions. Familiarity with the intricacies of emerging technologies is essential for judges, practitioners, legal staff, business people and scholars. This book’s combination of highly thought-provoking topics and in-depth analysis will prove indispensable to all interested parties.
Launched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication.
The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.
It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.
It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 38 features a set of Special Issue papers on the theme of ‘The Backlash against International Law: Australian Perspectives’. These articles originated as papers presented to a June 2019 workshop at the Australian National University (ANU), which launched a global research partnership project between scholars at ANU, Indiana University and the University of Maryland.
Colonial Adventures: Commercial Law and Practice in the Making addresses the question how and to what extend the development of commercial law and practice, from Ancient Greece to the colonial empires of the nineteenth and twentieth centuries, were indebted to colonial expansion and maritime trade. Illustrated by experiences in Ancient Europe, the Americas, Asia, Africa and Australia, the book examines how colonial powers, whether consciously or not, reshaped the law in order to foster the prosperity of homeland manufacturers and entrepreneurs or how local authorities and settlers brought the transplanted law in line with the colonial objectives and the local constraints amid shifting economic, commercial and political realities.

Contributors are: Alain Clément (†), Alexander Claver, Oscar Cruz-Barney, Bas De Roo, Paul du Plessis, Bernard Durand, David Gilles, Petra Mahy, David Mirhady, M. C. Mirow, Luigi Nuzzo, Phillip Lipton, Umakanth Varottil, and Jakob Zollmann.
Sino-European Dialogue between Judges and Academics
Volume Editors: Ragna Aarli and Anne Sanders
The challenges courts face today all over the world can only be solved in close cooperation between judges and academics which crosses national borders. The anthology brings judges and academics together for a dialogue on judicial reforms. The book presents contributions by the judges on their judicial systems (China, Germany, Slovenia, England and Wales and Norway). The contributions by the academics take up different themes which have emerged in the country reports: The topics include comparative, normative and organisational perspectives on national court systems as well as international perspectives on courts as guarantors of individual rights in an increasingly globalised rule-of-law framework.
Author: Julia Schmidt
In The European Union and the Use of Force, Julia Schmidt examines the development and activities of the EU as an emerging international military actor. The author offers a comprehensive analysis of the conditions under which the EU can engage in military crisis management operations from the perspective of EU law as well as from the perspective of public international law, with a particular emphasis on the EU’s relationship with the United Nations and the EU’s relationship with its Member States in the context of the use of force.
Throughout the monograph, questions of European integration in the sphere of the common security and defence policy as well as the EU’s place and role within the international community are put into focus.
A Twenty-Year Report from the Trenches (Set of 3)
This book is a true treasure trove of original research, incisive observations, and useful practical pointers. Written by an author who has read more than sixty thousand conflicts cases in the last thirty years, the book skillfully guides American and foreign readers through the labyrinthine alleys of American choice-of-law litigation and distills the resulting lessons for attorneys, academics, and lawmakers. This is a book about law in action. The author reviews the decisions of all American appellate courts in the last twenty years and discusses those that add something new to the development or understanding of conflicts law, particularly choice of law.

“It is a daunting task to find an answer to a choice-of-law question in American law. In all states, except two and Puerto Rico, the answer must be found in the particular state’s case law. How to find it? To evaluate it, to compare it with other states’ law, with one’s own? For over 33 years, Professor Symeonides has rendered an enormous service to all segments of the profession – courts, practitioners, academics – with his annual survey of virtually all choice-of-law decisions of American courts, most of them thoughtfully annotated and evaluated. His surveys proved to be an extraordinary help. The present volume consolidates most of these contributions. It is enhanced by a new Introduction and a comprehensive Index. This consolidated presentation of his expert reviews and commentary is an extraordinary contribution."
Peter Hay, L.Q.C. Lamar Professor of Law Emeritus, Emory University School of Law.

"It is impossible to overstate the value and significance of the Choice-of-Law Surveys written by Dean Symeon C. Symeonides over thirty years. These surveys have not only educated law professors and lawyers about changing dynamics in the field of choice of law, but they have been instrumental in refining the modern method of analyzing and resolving these cases . . . [and] have formed the basis for the emerging Third Restatement of Conflict of Laws. . . . [I]n all the ways that count, Symeonides is the father of choice of law in the twenty-first century. . . . He deserves our gratitude and respect and our recognition of his pivotal place in the choice of law field."
Joseph W. Singer, Harvard Law School.

Abstract

On March 11, 2020, the World Health Organization declared covid-19—the disease caused by the novel coronavirus—a global pandemic. As this coronavirus spread throughout the world, most countries implemented restrictions on public gatherings that greatly limited religious communities’ ability to engage in collective worship. Some religious leaders objected to these regulations, opining that faith would spare their congregants from illness or that their religious freedom is paramount to public health. Meanwhile, growing numbers of covid-19 infections were being traced back to religious leaders or gatherings.

This article explores how governments have balanced freedom of worship and public health during the 2020 pandemic. Through the comparison of controversies in South Korea, India, Brazil and the United States, it highlights the paradoxes in debates about whether to hold religious communities accountable for the spread of this highly contagious and deadly disease.

In: Journal of Law, Religion and State

Abstract

This paper explores the connection between the activity of Catholic Church and the covid-19 pandemic through the case of a bishop ordination held in Ruteng, Indonesia. The ordination Mass took place on March 19, 2020, against the background rising numbers of covid-19 cases globally and in Indonesia. The Mass, which was attended by four thousand participants, led to criticisms of the Catholic Church in Ruteng. The Church was accused of jeopardizing the health of the community and failing to adhere to government advisories. It was labeled as selfish and stubborn. This paper discusses the urgency of both the covid-19 situation in Indonesia and of the bishop ordination in Ruteng. Ordination of a new bishop symbolizes a climax in the journey of the Catholic Church in Ruteng. It is a resolution of past conflicts and controversies in the history of the Church in the region. The Church needed ordination as a way of gaining power and legitimacy.

In: Journal of Law, Religion and State