Search Results

You are looking at 1 - 10 of 173 items for :

  • All: "presentism" x
  • International Law: General Interest x
Clear All

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.

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.

AUGUST REINISCH

, which started with the political opening towards the Western World in the mid-nineteenth century accompanied by a "Westernisation" of social, economic and political institutions and led to the present discussion of Japan's role in today's international community. The volume is structured along the three

Peter Hilpold

On 22 July 2010 , the International Court of Justice (ICJ) issued the muchawaited opinion on Kosovo’s declaration of independence. The general reaction to the opinion was mostly disappointment.

In fact, in 2008, the question referred by the United Nations General Assembly (UN GA) to the ICJ had the ingredients to pave the way for some of the most controversial questions of modern international law, inter alia, on the meaning of self-determination in the 21st century. Some hoped that the ICJ would decline jurisdiction for this case; others hoped to receive allencompassing guidance on the many thorny subjects the question touched upon. The ICJ sought for a compromise, declaring that it had jurisdiction, but shied away from addressing the substance of the question. Acting in this manner, it appears doubtful as to whether the ICJ has measured up to its ‘duty to cooperate’ within the UN system. In fact, the line of arguments the ICJ presented is too shaky and as a consequence, status and function of the ICJ end up damaged from this proceeding. On the other hand, the ICJ deserves praise for having handled a thoroughly political issue with a great sense of responsibility. It is argued here, that notwithstanding all the ambiguities surrounding the distinction between the legal and the political, this distinction still matters – judges should not be asked to do the undone jobs of politicians.

Nasiya Daminova

* PhD in European Law (Scuola Superiore Sant’Anna, 2018), LL.M. in European Law (Stockholm University, 2014), e-mail: nasiya.daminova@gmail.com. An earlier draft of this paper was presented at the EUCOPAS Workshop: ‘Being a member of the EU: pros & cons’ (Sciences Po, 19-20 January 2017). The

GERHARD HAFNER

start with the subtitle: "Prevention of Transboundary Damage from Hazardous Activities".1 I After the first reading, the Commission submitted draft articles on this item to the General Assembly in 1998.2 The present papers, completed in February 1998, could not reflect the work of these draft articles

Heinrich Neisser / Bea Verschraegen, Die Europäische Union. Anspruch und Wirklichkeit. Springer-Verlag, Vienna / New York 2001, ISBN 3-211-83350-1, xxiv+409 pp., EUR 28.90

Gerte Reichelt, Europarecht. Einführung und Grundsatzjudikatur. Manz-Verlags / Verlag Stämpfli + Cie, Vienna / Berne 2002, ISBN 3-214-15275-0, 212 pp.

AUGUST REINISCH

. It is divided in five main parts for which the co-authors have clearly indicated their respective responsibilities. Part I outlines the history from an economic com- munity to a political union and portrays the present political system of the EU. Its latter pages contain an interesting discussion of

Friedl Weiss

international law. Amongst existing compilations one might mention the 10 volumes of the Bibliographie juristischer FS und FS Beitrage by Helmut Dau, covering German, Swiss and Austrian contributions from 1962 until the present time. It only covers general law and, linguistically, is limited to the German

STEFAN HAMMER

Research on human rights in Africa faces a primary difficulty in making available an updated version of all the textual sources of human rights law with respect to the individual African countries. The present book attempts to fill this gap by providing a comprehensive collection of the relevant

Michael Schoiswohl

present Federal Law shall be without prejudice to the in rem return of works of art according to statutory provisions. (3) Persons as defined in § 2 Paragraph 1 Subparagraph 2 who were persecuted by the National Socialist regime on political grounds, on grounds of origin, religion, nationality, sexual