From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court
This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the ...
Taking the EU to Court
This book provides an exhaustive picture of the role that annulment conflicts play in the EU multilevel system. Based on a rich dataset of annulment actions since the 1960s and a number of in-depth case studies, it explores the political dimension of annulment litigation, which has become an increasingly relevant judicial tool in the struggle over ...
Nordic Mediation Research
This book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in cour...
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how c...
Introduction to the American Criminal Justice System
This open book is unique because it was a collaborative effort by all Criminology and Criminal Justice professors at Southern Oregon University (SOU) in Ashland, Oregon. This book can be used on a quarter or semester system, as well as cover topics that may get left out of some introductory texts such as controversial issues in the criminal justice...
Cyborgs in Latin America
A PDF version of this book is available for free in open access via the OAPEN Library platform, www.oapen.org . Cyborgs in Latin America explores the ways cultural expression in Latin America has grappled with the changing relationships between technology and human identity....
Debating European Citizenship
This book raises crucial questions about the citizenship of the European Union. Is it a new citizenship beyond the nation-state although it is derived from Member State nationality? Who should get it? What rights and duties does it entail? Should EU citizens living in other Member States be able to vote there in national elections? If there are ten...
Who Will Be the Next President?
Describes a new plan to improve the current election system under which every voter gains and no state loses its current Electoral College benefits, which has a chance to be introduced in the form of a constitutional amendment. Provides explanations of why the National Popular Vote plan may violate the Equal Protection Clause from the Fourteenth A...
Complications and Quandaries in the ICT Sector
With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European U...
Capital Punishment and the Criminal Corpse in Scotland, 1740–1834
This free book provides the most in-depth study of capital punishment in Scotland between the mid-eighteenth and early nineteenth century to date. Based upon an extensive gathering and analysis of previously untapped resources, it takes the reader on a journey from the courtrooms of Scotland to the theatre of the gallows. It introduces them to seve...
Punishing the Criminal Corpse, 1700-1840
This book analyses the different types of post-execution punishments and other aggravated execution practices, the reasons why they were advocated, and the decision, enshrined in the Murder Act of 1752, to make two post-execution punishments, dissection and gibbeting, an integral part of sentences for murder. It traces the origins of the Act, and t...
The Ethical Spirit of EU Law
This book seeks to identify the ethical spirit of European Union (EU) law, a context in which we can observe a trend towards increasing references to the terms 'ethics' and 'morality.' This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of huma...
Human Rights in Child Protection
This book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights ...
European Citizenship after Brexit
This book investigates European citizenship after Brexit, in light of the functionalist theory of citizenship. No matter its shape, Brexit will impact significantly on what has been labelled as one of the major achievements of EU integration: Citizenship of the Union. For the first time an automatic and collective lapse of status is observed. It is...
Reconsidering Constitutional Formation II Decisive Constitutional Normativity
This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey ...
Collaborating Against Child Abuse
This edited collection explores the background and implementation of the Nordic Barnahus (or 'Children's House') model – recognised as one of the most important reforms related to children who are the victims of crime in the Nordic region. This book discusses both its potential to affect change and the challenges facing it. The model was introduc...
Multi-dimensional Approaches Towards New Technology
This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties fo...
Mediation in Collective Labor Conflicts
This book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in...
Asylum Determination in Europe
Drawing on new research material from ten European countries, Asylum Determination in Europe: Ethnographic Perspectives brings together a range of detailed accounts of the legal and bureaucratic processes by which asylum claims are decided.The book includes a legal overview of European asylum determination procedures, followed by sections on the di...
Outsourcing Legal Aid in the Nordic Welfare States
This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with le...
Mercury Pollution in Minamata
It overviews the poisoning which occurred in the 1950s and 1960s among the residents in Minamata who ate seafood contaminated with methylmercury discharged from the chemical factory, Chisso Corporation. It describes the history, symptoms pathogenesis and research on the causal agent, and discusses the responses of Chisso and the national and local ...
Bio-based Building Skin
This book provides a compendium of material properties, demonstrates several successful examples of bio-based materials' application in building facades, and offers ideas for new designs and novel solutions. It features a state-of-the-art review, addresses the latest trends in material selection, assembling systems, and innovative functions of faca...
Contemporary Issues in Human Rights Law
This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Counc...
Inside Asylum Bureaucracy: Organizing Refugee Status Determination in Austria
This open access monograph provides sociological insight into governmental action on the administration of asylum in the European context. It offers an in-depth understanding of how decision-making officials encounter and respond to structural contradictions in the asylum procedure produced by diverging legal, political, and administrative objectiv...
Debating Transformations of National Citizenship
This book discusses how national citizenship is being transformed by economic, social and political change. It focuses on the emergence of global markets where citizenship is for sale and on how new reproduction technologies impact citizenship by descent. It also discusses the return of banishment through denationalisation of terrorist suspects, an...
Do Exclusionary Rules Ensure a Fair Trial?
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six l...
Collective Actions in Europe
This book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distru...
Implementation of EU Readmission Agreements
By examining the implementation dynamics of EU Readmission Agreements (EURAs), this book addresses the practical reasons why irregular immigrants cannot be expelled. EURAs are one of the vital legal instruments framing EU external migration law with regard to the expulsion of irregular immigrants, yet their implementation has met with various obsta...
Living with Disfigurement in Early Medieval Europe
This book examines social and medical responses to the disfigured face in early medieval Europe, arguing that the study of head and facial injuries can offer a new contribution to the history of early medieval medicine and culture, as well as exploring the language of violence and social interactions. Despite the prevalence of warfare and conflict ...
The Illusion of Risk Control
This book explores the implications of acknowledging uncertainty and black swans for regulation of high-hazard technologies, for stakeholder acceptability of potentially hazardous activities and for risk governance. The conventional approach to risk assessment, which combines the likelihood of an event and the severity of its consequences, is poorl...
Remembering and Disremembering the Dead
This book is a multidisciplinary work that investigates the notion of posthumous harm over time. The question what is and when is death, affects how we understand the possibility of posthumous harm and redemption. Whilst it is impossible to hurt the dead, it is possible to harm the wishes, beliefs and memories of persons that once lived. In this wa...
Big Data in Context
This book sheds new light on a selection of big data scenarios from an interdisciplinary perspective. It features legal, sociological and economic approaches to fundamental big data topics such as privacy, data quality and the ECJ's Safe Harbor decision on the one hand, and practical applications such as smart cars, wearables and web tracking on th...

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