The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty.
to his suggestions for corrective action at government level, will naturally vary according to the interests of each government in upholding the ap- proach it regards as consistent with its own basic interests and those of its international airline.
In international law the authority of the writers has been great and the Statute of the International Court of Justice still takes cognizance of them as subsidiary sources.
Doctor Hyder's meticulous and comprehensive study throws much- needed light on the often invoked but little understood concept of "e;discrimination"e; in international law.
Six years after the rendering of the Nuremberg Judgment world conditions are not such as to encourage a study on what constituted its principal innovation in the legal field: the punishment of the authors of aggressive war.
In contemporary ethical discussion widespread concern about the potential risks of genetic engineering is raising new and fundamental questions about our responsibilities towards unborn generations.
This book is the first to systematically illustrate the application of the New York Convention in China in English, integrating theory with practical cases.
The member states are facing the choice between either reaping the benefits of increasing integration in a certain area - in this case the capital markets - attended by a significant reduction in national powers of autonomous decision-making and independence, or retaining this national independence enabling them to pursue their own policy objectives with the aid of instruments selected at their discretion.
In authoritarian states, the discourse on freedom of speech, conducted by those opposed to non-democratic governments, focuses on the core aspects of this freedom: on a right to criticize the government, a right to advocate theories arid ideologies contrary to government-imposed orthodoxy, a right to demand institutional reforms, changes in politics, resignation of the incompetent and the corrupt from positions of authority.
lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights.
Taking as a starting point that hunger results from social exclusion and distributional inequities and that lasting, sustainable and just solutions are to be found in changing the structures that underlie our food systems, this book examines how law shapes global food systems and their ongoing transformations.
This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection.
This book provides a wide and deep perspective on the ethical issues raised by pervasive information and communication technology (PICT) - small, powerful, and often inexpensive Internet-connected computing devices and systems.
The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so.
The book describes the complex and variable laws addressing site contamination, reviewing existing international, regional and national law of relevance to site contamination.
Translated and updated from the seminal Spanish text on legal decisions affecting gender and sexuality in Latin America, this English edition is the only law text to focus specifically on the rights of lesbians, gays, bisexuals and the transgender population in addition to women's rights more broadly.
This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion.