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Series:

Carin Laurin

This volume of the Baltic Yearbook of International Law contains articles based on papers presented at the international symposium on the History of the International Law Scholarship in Central and Eastern Europe which took place at the University of Tartu (Estonia) in April 2006. As pointed out by Lauri Mälksoo, a special editor of this theme, the project was primarily motivated by the fact that currently there is not yet sufficient information in English on the history of the international law scholarship in the wider region of Eastern and Central Eastern Europe. The main premise of the articles is the common quest for knowledge.
The Baltic Yearbook of International Law is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. The International Law Materials section contains reports on the practices of all three Baltic States. The Yearbook aims to contribute to the development of thought, standard-setting and relevant practices in the world. With the publication of the articles on the history of the international law scholarship in Central and Eastern Europe the Yearbook is the forum for sharing the information and knowledge that may not be easily accessible otherwise.

Series:

Edited by Council of Europe/Conseil de l'Europe

The Yearbook of the European Convention on Human Rights, edited by the Directorate General of Human Rights and Legal Affairs, is an indispensable record of the development and impact of the world’s oldest binding international human rights treaty.
It reviews the implementation of the Convention both by the European Court of Human Rights and by the Council of Europe’s Committee of Ministers, responsible for supervising the application of the Court’s judgments in the member states.

Ever since January 2001, the intergovernmental co-operation activities of the Steering Committee for Human Rights (CDDH) of the Council of Europe have concentrated on developing normative instruments, of which the most important has been Protocol No. 14 of the Convention. This work has benefiited greatly from high-level debates during a series of round-table discussions, within working groups and at seminars organised mainly by the successive presidencies of the Committee of Ministers. The present volume contains a record of this work.

Alan Schenk and Oliver Oldman

This comparative examination of Value Added Taxes worldwide covers both theory and practice and is intended for an audience of students, teachers, researchers, government officials, and practitioners. The authors are American law professors, both teachers of courses on VAT and long time members of the ABA's Committee on Value Added Tax (recently the Committee on Alternative Tax Systems).

The book begins with an extensive survey of VAT principles as enunciated during the second half of the twentieth century in official reports and by economists and other tax authorities. Included are basic statistical data and an appendix delineating the global spread of the tax together with rates in the year 2000. Thereafter, the authors present the legal concepts and definitions displayed in VAT laws and elaborated by the courts of Europe and New Zealand. Comparison is made from time to time with American experience with state retail sales taxes. Application of VATs to particular activities is examined in separate chapters devoted to banking, insurance, real estate, and nonprofit organizations. Particular attention is paid to cross-border situations whether international, within the European Union and other country groupings, or within federal countries. The special problems of telecommunications, transportation and E-commerce are covered together in one chapter.

A feature of the book of particular use to practitioners as well as students and scholars is an appendix of more than 100 pages, which sets forth the consolidated text of the European Union's famous Sixth Directive. It serves as the governing statutory document for the VATs in EU member countries and is the subject of interpretation and application in many of the litigated cases included or referred to in the book.



Published under the Transnational Publishers imprint.

EU Law and Private International Law

The Interrelationship in Contractual Obligations

Series:

Jan-Jaap Kuipers

The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.

Series:

Georgia Papagianni

The main objective of this book is to present the on-going process of European integration via a comprehensive analysis of the institutional dynamics of, and politics linked with, the emerging migration law and policy of the European Union. More specifically, it presents the historical evolution, the main institutional legislative and policy steps, the position of, and interactions among, the different actors, and the factors impeding the formation of a common policy at EU level. On this basis a critical analysis is provided of the main institutional problems, the current policy framework, the overarching rationale as well as of the content and quality of the nascent EU migration law.
The book is divided into three parts. The first two parts provide a comprehensive study of the institutional framework and the substantive EC/EU law respectively. The third and final part provides a more general analysis of the policy-making process. Since the major achievements in the field of migration are recent, the book focuses to a great extent on the post-Amsterdam era. However, for reasons of coherence and in order to better evaluate recent developments, a concise overview of the origins of this policy is provided. Moreover, special emphasis is placed on the Schengen acquis, since its mark on European affairs has been and remains pronounced. Overall the attempt has been to provide an account, which is up to date with extensive historical references and combines both an academic and practical perspective to the legal and political issues involved. The approach based on the above elements will contribute to a new understanding of the main aspects of EU migration law and its policy ramifications and will be of use to both academics and practitioners alike.

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Edited by Gerhard Loibl and Stephan Wittich

The Austrian Review of International and European Law is an annual publication that provides a scholarly forum for the discussion of issues of international and European law, with emphasis on topics of special interest for Austria. The present volume contains contributions to a symposium that was held in 2009 to celebrate the 80th birthday of Prof. Karl Zemanek. These contributions are dedicated to fundamental values, including value conflicts, and principles of international law, notably problems concerning the use of force. In addition, this volume of the Review contains the usual parts, ie general analytical articles, current developments and the comprehensive digest of Austrian practice in international law, encompassing judicial decisions, executive as well as parliamentary documents relating to international law. The concluding parts of the Review contain longer book reviews, shorter book notes and a selective bibliography on international investment law prepared by the library of the Peace Palace in The Hague.

Edited by Anna-Sara Lind and Jane Reichel

From having been a legal discipline with a predominantly national perspective, administrative law has increasingly become influenced and affected by the general trends of globalization in modern society. Globalization in general and Europeanization in particular have resulted in a multitude of economic and social contacts across borders, within and between commercial and personal, as well as public and private spheres. Globalization has thus led to a need to find new and adapted administrative law solutions. This changed legal landscape for administrative law is a reality that nearly all lawyers active within the field of administrative law have to relate to in their work.

In this book we have gathered a number of prominent scholars who analyze the developments of administrative law from their respective perspective. The papers were first presented at a colloquium at the Faculty of Law at Uppsala University in March 2012. The aim of the colloquium was to increase our own understanding of the processes of globalization within administrative law and to learn from each other. By publishing the papers, we hope that the knowledge gained there can be passed on to a wider group of interested scholars and practicing lawyers.

The contributions to this book are divided into three parts; Governance and procedures, Administrative law within and beyond Europe and Theoretical approaches. The book opens with a paper by Lena Marcusson, Professor of Administrative Law, Uppsala University, which also served as the introduction to the colloquium in 2012.

Alan Schenk and Oliver Oldman

This comparative examination of Value Added Taxes worldwide covers both theory and practice and is intended for an audience of students, teachers, researchers, government officials, and practitioners. The authors are American law professors, both teachers of courses on VAT and long time members of the ABA's Committee on Value Added Tax (recently the Committee on Alternative Tax Systems).

The book begins with an extensive survey of VAT principles as enunciated during the second half of the twentieth century in official reports and by economists and other tax authorities. Included are basic statistical data and an appendix delineating the global spread of the tax together with rates in the year 2000. Thereafter, the authors present the legal concepts and definitions displayed in VAT laws and elaborated by the courts of Europe and New Zealand. Comparison is made from time to time with American experience with state retail sales taxes. Application of VATs to particular activities is examined in separate chapters devoted to banking, insurance, real estate, and nonprofit organizations. Particular attention is paid to cross-border situations whether international, within the European Union and other country groupings, or within federal countries. The special problems of telecommunications, transportation and E-commerce are covered together in one chapter.

A feature of the book of particular use to practitioners as well as students and scholars is an appendix of more than 100 pages, which sets forth the consolidated text of the European Union's famous Sixth Directive. It serves as the governing statutory document for the VATs in EU member countries and is the subject of interpretation and application in many of the litigated cases included or referred to in the book.


Published under the Transnational Publishers imprint.

Series:

Edited by Massimo Condinanzi, Alessandra Lang and Bruno Nascimbene

Citizenship of the Union and Freedom of Movement of Persons, sets out to analyse in detail the various provisions of Community law which confer upon individuals the right to move about, reside and work in the Member States. It also examines the procedural safeguards which set those fundamental rights apart from any deriving from other international bodies or organisations and point up the originality of the Community system. Citizenship of the Union entails freedom of movement under the current Treaties and also under the Treaty of Lisbon, in which the unified treatment of the rules, by contrast with the existing pillars of Community and European Union law, might be expected to confer new impetus on the realisation of the area of freedom, security and justice. If there is truly to be such an area, there must be unified, not merely coordinated action. Judicial cooperation must be tightened in favour of the Union and, more importantly, individuals, be they Community citizens or indeed nationals of third countries, given the increasing trend towards a kind of integration which focuses less on formal data such as nationality and more on factors such as residence, employment and social integration. The book pays particular attention to this last aspect and its political and legal implications. The "communitarisation" of immigration policy (the new Title IV of the EC Treaty mentioned above) and the perspectives opened up by the enlargement to 27 Member States (and more) and by the Treaty of Lisbon, provide the framework for the treatment given in the present work.

Series:

Edited by Elspeth Guild, Cristina Gortázar Rotaeche and Dora Kostakopoulou

This book maps out, from a variety of theoretical standpoints, the challenges generated by European integration and EU citizenship for community membership, belonging and polity-making beyond the state. It does so by focusing on three main issues of relevance for how EU citizenship has developed and its capacity to challenge state sovereignty and authority as the main loci of creating and delivering rights and protection. First, it looks at the relationship between citizenship of the Union and European identity and assesses how immigration and access to nationality in the Member States impact on the development of a common European identity. Secondly, it discusses how the idea of solidarity interacts with the boundaries of EU citizenship as constructed by the entitlement and capacity of mobile citizens to enjoy equality and social rights as EU citizens. Thirdly, the book engages with issues of EU citizenship and equality as the building blocks of the EU project. By engaging with these themes, this volume provides a topical and comprehensive account of the present and future development of Union citizenship and studies the collisions between the realisation of its constructive potential and Member State autonomy.