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1 2 3 4 Volgende




Access to justice in environmental matters



This book examines how to push forward access to justice in environmental matters in the EU. The authors analyze four options from a Law and Economics and Law and Society perspective. In addition, they include an empirical study of the consequences of the four option in Latvia, the United Kingdom and Germany. The goal of the book is twofold: (a) to highlight the differences between the four options from an economic perspective and (b) to investigate to what extent the absence of an EU-wide regime for access to justice in environmental matters is disadvantageous. This book is unique as for the first time, an in-depth socio-economic analysis of access to justice is given. The book is of interest to EU environmental lawyer and policymakers.

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Agreed sums payable upon breach of an obligation

Agreed sums payable upon breach of an obligation




Pascal Hachem

This book undertakes a comparative analysis of the ways in which legal systems in all regions of the world deal with agreed sums payable upon breach of an obligation which is unique in its breadth. It shows divergences and convergences and indicates trends as to the future development of the law. The book also deals with the treatment of agreed sums under the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG); to date it offers the first comprehensive solution to this issue based on comparative analysis. For practitioners as well as researchers this book is a valuable source of information and offers suggestions for solutions to current and future issues.

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Agricultural policy and EU competition law

Agricultural policy and EU competition law




Anna Gerbrandy

This book focuses on the question of whether European agricultural legislation and competition rules offer any scope for self-regulation in the European dairy market. Within this larger question, certain sub-questions also arise: what are the relevant legal rules applicable to the dairy market, and what type of self-regulation is possible within the present legal framework? The book offers a number of suggestions for modification of agricultural and competition policies in order to better serve the interests of dairy farmers.

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Are EU banks safe?; Zijn EU banken veilig?

Are EU banks safe?; Zijn EU banken veilig?




Roel Theissen

`Are EU banks safe? is of interest to those involved in the debate on changing or maintaining the way prudential banking supervision is structured and performed. It builds on the descriptive companion book `EU Banking Supervision by the same author, but focuses on what banking supervision should do, and whether it is deliverable. Do and can banks and supervisors deliver what it says on the box, and is the description on the box correct in the first place? This analysis flows from the personal experience and expertise of the author, gathered as a customer of banks, as a legal, supervisory, and policy advisor on banking regulation, and from his involvement in national, EU and worldwide negotiations on new legislation. The book asks questions about whether the current focus on quantitative demands and incremental improvements is correct; whether the definition of `bank covers all institutions that should be as safe as a bank; and who is responsible if banks, their regulators and their supervisors fail? Roel Theissen (1968) has worked in the area of banking supervision since 1997; first at the Dutch banking supervisor, then on secondment to CEBS (the Committee of European Banking Supervisors, which has since become the European Banking Authority). He focused on regulation and policy development both domestically (in the Netherlands) and cross border (within the EU and in the Basel context). His investigation of banks and their functioning also led him to study cooperation across sectors, with insurance and securities supervisors. Since 2009 he has been lecturing and writing on prudential supervision in the financial sector.

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Arguments that work

Arguments that work




Renata Uitz

This volume contains the updated papers of the 3rd Annual MAA Peter Schlechtriem CISG Conference, which was held on 14 April 2011 in Vienna. The contributions cover a variety of topics. Subjects discussed include the trends in the relative importance of physical and non-physical attributes of goods in terms of conformity under the CISG, the characteristics of various forms of documentary performance and the outer limits of the CISG in relation to property damages. The book is a valuable resource for both academics and practitioners dealing with international sales.

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Aviation code of the Russian Federation




Heiko van Schyndel

This book contains the updated English translation and the current official Russian text of the Aviation Code of the Russian Federation. For a better understanding of the Act, an introduction has been added, setting out the history of the Aviation Code and its ramifications. An outline of the Code is given and an account of other Russian Federation legislation covering the field of aviation law. The aim of this book is to assist in presenting and clarifying the applicable aviation law inthe Russian Federation by providing a professional English translation of the Russian Aviation Code. The book is a welcome addition to the literature in the field and should be of interest to anyone dealing with aviation law.

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Balancing the protection of business and employment in insol




Jennifer L.L. Gant

Following the economic shocks of 2007/08 a spotlight has been thrown on how best to support effective business rescue and employment protection. However, business rescue and employment protection often tend to conflict in law and policy. Employees attached to the sale of a business often represent a liability by reducing the business's intrinsic value and deterring business acquisitions in view employment liabilities that transfer by operation of the Acquired Rights Directive. As such, a balance must be sought between the conflicting policy objectives of business rescue and employment protection. This book presents an investigation based on a comparative legal historical analysis of the approaches taken to balancing employment protection and business rescue in the United Kingdom and France, chosen due to their legal and political influence in the EU and their archetypically different legal systems. This approach is useful as a background to future reform efforts as it explains how particular jurisdictions might receive and then implement such reforms given the underlying aims of business rescue and employment protection policies.






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Boundaries and intersections



This book explores how the Convention on Contracts for the International Sale of Goods (CISG) interacts with non-uniform domestic laws, international laws and soft laws in jurisdictions around the world. It covers topics as diverse as: recent US federal court encounters with mthe CISG; roots and traces of the CISG in the Common European Sales Law (CESL); and potential coverage of `emotional defects by the CISG. Other chapters pose a novel approach to determining the CISGs scope or look beyond the CISG to future developments and directions. This volume is sure to provide food for thought for anyone advising on or interested in international commercial transactions, and is a valuable addition to the collections of academics and practitioners alike.

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Choosing Sharia?

Choosing Sharia?




Machteld Zee

Proponents of multiculturalism do not usually subscribe to Islamist goals. Yet, across Europe, these are being furthered. Sharia councils are deeply at odds with Western moral and legal principles of equality, freedom and justice. But high-profile multiculturalists tend to present a romanticised view of these councils, which obscures both the ideology that motivates them and their practical consequences. Are Sharia councils a legitimate expression of the longing for identity, as multiculturalists claim? What do Islamists really want? And why do multiculturalists find it so difficult to counter their claims? Choosing Sharia? explores the implications of multiculturalism and Islamic fundamentalism. It provides a vivid account of what really goes on inside Sharia councils, and discusses the challenges they pose to liberal democracy. With impressive clarity, this vitally important book offers insight into two ideologies crucial to Europe’s future.

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Euro 38.99


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Climate change remedies

Climate change remedies



Climate change poses very serious risks to mankind. Adaptation and damages are emphasized more and more. Although adaptation is important, priority should be given to prevention (mitigation). The contributions in this second volume in the series Legal Perspectives of Global Challenges emanate from an international research project that deals with a legal kaleidoscope of legal issues and focuses primarily on preventive remedies. The contributions of Spier and Magnus tackle injunctive relief and discuss the myriad of legal questions courts have to answer if they are willing to grant injunctive relief. This part of the book addresses both procedural, private international and substantive law. Kemps contribution disusses the role criminal law could play to come to grips with the threats of climate change. So far, the greater part of the debate is about the United States, Europe and, increasingly, Asia. Ruppel fills this gap by painting an African perspective.

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Comparative law in legislative drafting

Comparative law in legislative drafting



The essays in this volume span a broad array of geographic conditions, historical experiences, and legal systems. Each offers valuable insights in its own right, but collectively they take useful positions on the theory and practice of borrowing legal ideas, with a special emphasis on the role of the legislature. Each essay presents a view on how legal transplantation and synthesis happensin the moment of constitutional creation or as an ongoing exercise in regular lawmakingand whether it is a coherent and valuable practice. The essays in this volume suggest that culture and institutions stand in a dialectical relationship: informality can yield relatively informed, robust choices to borrow legal ideas where an encouraging culture exists. Where cultural resistance to borrowing prevails, increased formality may be the best antidote to surreptitious or poorly considered efforts at ideological takings

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Consensus en controversies in animal biotechnology




Lonneke Poort

Advances in animal biotechnology have led to major growth in human ability to control the processes of life. However, biotechnology remains controversial. While leading to various developments in medical science having a positive in uence on peoples lives, it has also incited passionate disagreement on other levels. With these new developments in biotechnology have come questions about the moral impact of such new technologies. The whole debate has triggered questions to the forefront about how human beings should behave towards the environment, animals, and each other. In particular, developments in genetic modi cation and cloning have brought about with them new moral challenges since these developments touch existential values. These challenges together with rapid changes in technological application led to a quest for regulation. The regulation on animal biotechnology in Denmark, Switzerland, and the Netherlands is analyzed in light of the characteristic elements of an interactive approach. The regulation of these countries is analyzed since the countries legislative approach for these regulations seems, at first sight, to be an interactive one. These case-studies additionally provide insights in the political and legal culture of these countries. Building on the outcomes of the case-studies, the book makes suggestions regarding refining and reconstructing the interactive legislative approach model.

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Consolidation in international commercial arbitration

Consolidation in international commercial arbitration




Lara Michaele Pair

This book deals with consolidation of arbitral disputes pending before either the International chamber of Commerce or the Swiss Chambers of Commerce. It is mainly concerned with determining both the logical and the legal justifications for these rules, using Switzerland as the seat country and Germany and the United States as sample enforcement countries. The book first covers the validity of choosing consolidation by reference to these institutional rules. Secondly, the choice of arbitrators is discussed in light of party equality and party autonomy versus mandatory local laws. Thirdly, procedural adjustments, made necessary by the use of a consolidation procedure, are analyzed. Fourthly, the logical justifications for consolidation will be tested. This work concludes that only a policy of restraint and a spelling out of criteria for consolidation will serve the purposes of consolidation and withstand judicial scrutiny. This work is of interest to legal academics and arbitration professionals.

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Constitutional review and democracy

Constitutional review and democracy




Mark Tushnet

This volume is a follow-up to the conference ‘Constitutional Review and Democracy’ organized from 24 to 25 November 2013 at the Faculty of Law, University of Belgrade. The conference was convened as part of the ongoing project ‘Constitutionalism and Rule of Law in the Nation-State Building – the Case of Serbia’. The aim of this volume is to shed new light on the complex relation between democracy and judicial review of constitutionality. The book starts off with some general and theoretical aspects of the debate. The second part discusses constitutional review in the European transnational setting, while the third part explores the dynamics between parliaments and highest courts in constitutional democracies without the formalized constitutional review. Finally, the book addresses the role of constitutional review in the processes of democratic transition and consolidation.

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Corporate law and economic stagnation

Corporate law and economic stagnation




Pavlos L. Masouros

With a Foreword by Mark Roe. The shift in the institutional logics of corporate governance towards shareholder value (`Great Reversal in Corporate Governance) coupled with shareholderships increasing short-termism (`Great Reversal in Shareholdership) have cumulativelycontributed to the low GDP growth rates that are observed in five major Western economies (France, Germany, The Netherlands, UK, US) since the breakdown of the Bretton Woods system in the early 1970s. This book presents through empirical data and with the help of the post-Keynesian theory of the firm a historical causality chain: The two Great Reversals led to higher equity payout ratios and lower retention ratios in public corporations that in turn caused lower growth rates of (business) capital accumulation that in turn caused lower GDP growth rates. Corporate law has been an accomplice for the reorientation of corporate governance towards shareholder value, i.e. for the Great Reversal in Corporate Governance, and thus it indirectly shares the blame for the low rates of capital accumulation that have thrown the five major Western economies in a stagnation mode over the past four decades. The study introduces the post-Bretton Woods shareholder value index: A numerical legal index that shows the progress that the corporate laws of the five major Western economies covered in the book have made at the shareholder value level during the post-Bretton Woods era. Corporate law rules have escalated the divestment of structurally long-termist institutional investors from equity positions and have preserved the trend towards shareholder short-termism that other legal and extra-legal institutions have directly caused. Corporate law has thus sustained the Great Reversal in Shareholdership and hence it has contributed to the maintenance of the second factor that brought about the observed low growth rates in the five major Western economics over the past four decades. The book presents developments in the field of corporate law in the five major Western economies generating bias in favor of short-termism. `Long Governance emerges as the only way by which corporate law can fight stagnation. It is a management theory that calls management to set as a benchmark for its actions the long-run interests of all the shareholders who hold, have held, or will hold stock in the firm and also a legal concept requiring directors duties to be discharged towards the maximization of long-term corporate welfare. Long Governance encourages also the provision of incentives, so that a class of longtermist shareholders, which can subsequently be empowered, can be created.

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Courts, interpretation, the rule of law

Courts, interpretation, the rule of law



This volume is a follow-up to the international conference `Courts, Interpretation, the Rule of Law, which was organized on October 19, 2012, at the Faculty of Law, University of Belgrade. This is an annual conference of the Serbian Association for Legal and Social Philosophy, which operates as the Serbian section of the International Association for Philosophy of Law and Social Philosophy (IVR). At the same time, the conference was convened as part of the ongoing project `Constitutionalism and Rule of Law in the Nation-State Building the Case of Serbia, which is funded by the Ministry of Science of the Republic of Serbia.

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Current issues in CISG and arbitration

Current issues in CISG and arbitration



Current Issues in the CISG and Arbitration is a blind peer reviewed collection of papers presented at two conferences in 2012 on the United Nations Convention on the International Sale of Goods (`CISG). The first conference was held at the Istanbul Bilgi University, Turkey and the second on the occasion of the Arbitrators and Mediators Institute of New Zealand (`AMINZ) meeting in Wellington, New Zealand. Both conferences were aimed at providing for a better understanding of the CISG as well as the importance of international dispute resolution. The book allows the reader new to the CISG to familiarise him and herself with and to gain an understanding of the CISG, including its relationship to arbitration. Contributions cover, inter alia, the applicability of the CISG, interpretation and gap filling under the CISG, and the delivery of goods under the CISG. The more familiar reader will find some thought provoking contributions of interest that explore some of the pertinent CISG issues, like interest claims under the CISG, the calculation of damages, and specific performance.

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Distress dynamics in bankruptcy

Distress dynamics in bankruptcy




Jochem Hummelen

A change in the dynamics of bankruptcy procedures is taking place in the Netherlands and United States. In the Netherlands, the opening of a bankruptcy procedure traditionally leads to the sale of the assets of the debtor and a distribution of the proceeds among creditors. In recent years, however, there has been increased attention for reform of Dutch bankruptcy law as to enhance its reorganizational possibilities and enable the saving of viable businesses. In the United States a trend in the opposite direction can be seen. Bankruptcy law of this country has traditionally been known for its reorganizational possibilities, but in recent years there has been a marked increase in asset sales and efforts have been undertaken to limit the abilities to rescue any businesses. These changed dynamics warrant a fundamental discussion about bankruptcy law. Not every business in trouble should be liquidated, but not every business in trouble should be saved either. Rather, the challenge is to ensure that if a business enters bankruptcy, this bankruptcy leads to an efficient outcome by formulating the right rules. This book aims to formulate these rules.

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English legal terminology




Helen Gubby

Legal English is a professional language. This means that a good command of ordinary English does not make a student automatically proficient in legal English. Many foreign law students on English language programmes experience problems when suddenly all their lectures, textbooks, discussions and written work have to be in English. A lack of familiarity with legal English can seriously impede their progress. And a command of legal English is not just a desirable academic skill. It has become an absolute ‘must’ for today’s legal professionals working in internationally orientated law firms. This book is designed for law students who have followed their law studies in a language other than English. Textbooks on English law are too detailed for those who want to understand English legal terminology rather than English law itself. Legal dictionaries are useful but, as the words are ordered alphabetically, terms are treated in isolation. This book offers: • vocabularies providing sets of legal terminology associated with the legal system, civil procedure, EU law, tort, contract law and company law; • text putting the terms in the vocabulary into their legal context; • case discussion questions in order to practice using the terminology; • knowledge questions to ensure that the reader has understood the legal concepts. As well as being useful to law students, the book is also a practical introduction to basic legal concepts and reasoning for non-lawyers.

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EU Banking supervision

EU Banking supervision




Roel Theissen

This book provides an introduction to EU banking supervision regulations. It seeks to provide a common basis of knowledge for people working in, or studying, banking supervision in the EU, or those unfamiliar with parts of the broad array of banking supervision requirements and instruments. The focus is on currently applicable regulations, largely drafted before the most recent financial crisis hit, as well as those rules and regulations drafted in its wake, and which are in the process of being rolled out at the date of this publication. It cross-links banking supervision with related subjects such as crisis management, financial stability and monetary policy, payment systems, company law and bankruptcy law. This overview serves both those who currently need to make decisions on banking supervision, and those with a business, scientific or social interest in banking supervision. It can provide the necessary background to assess how proposed legal amendments would fit into the existing supervisory map. In essence this book contains what the author would have liked to know or to have had easy access to when starting work in this area. It aims to be useful both for new entrants as well as for experts, providing an overview of the full picture of banking supervision. Learning by doing the personal experience of the author often means that practitioners know a lot about `their subject, but little about other subjects that are equally important to achieve the wider goals of banking supervision.

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EU Cross-Border insolvency court-to-court cooperation princi

EU Cross-Border insolvency court-to-court cooperation princi



This publication contains a set of 26 EU Cross-Border Insolvency Court-to-Court Cooperation Principles (‘EU JudgeCo Principles’) and 18 EU Cross-Border Insolvency Court-to-Court Communications Guidelines (‘EU JudgeCo Guidelines’). These EU JudgeCo Principles will strengthen efficient and effective communication between courts in EU Member States in insolvency cases with cross-border effects. They have been produced in a period of two years (2013-2014), developed by a team of scholars of Leiden Law School and Nottingham Law School, in collaboration with some 50 experts, including 25 judges representing just as many different EU countries. The principles are set in EU stone, in that they especially function within the framework of the EU Insolvency Regulation. The texts have been aligned with the text of the recast of the Regulation, as published early December 2014. The EU JudgeCo Principles try to overcome present obstacles for courts in EU Member States such as formalistic and detailed national procedural law, concerns about a judge’s impartiality, uneasiness with the use of certain legal concepts and terms, and, evidently, language. The texts further build on existing experience and tested resources, especially in cross-border cases in North America, but tailor-made into an EU insolvency law context. These Principles include a set of very practical EU JudgeCo Guidelines to facilitate communications in individual cross-border cases. The project was funded by the European Union and the International Insolvency Institute (III) (www.iiiglobal.org) and we thank both sponsors for their continued support.

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European human rights law a manual

European human rights law a manual




Dragoljub Popovi

European human rights law is a body of law which has emerged from the provisions of the European Convention on Human Rights. Besides the Convention, its sources also encompass the soft-law of the Council of Europe and recently the ever growing practice of the Committee of Ministers of the Council of Europe. However, the most significant and by far the most abundant among its sources is the case-law of the European Court of Human Rights, seated in Strasbourg. The jurisprudence of the Court constitutes the core substance of this volume. Its principal purpose is to supply basic information on European human rights law, as developed by the Court in Strasbourg, to students and practitioners needing an introduction to it. The stage of development, as well as the importance of European human rights law in everyday life are evident, as confirmed by the fact that it took almost three hundred pages to perform such a modest task.

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Fair and just solutions

Fair and just solutions



The title of this book, Fair and Just Solutions?, refers to the norm for the assessment of ownership claims to Nazi-looted art as codified in the so-called Washington Principles in 1998: If the pre-War owners of art that is found to have been confiscated by the Nazis and not subsequently restituted, or their heirs, can be identified, steps should be taken expeditiously to achieve a just and fair solution, recognizing this may vary according to the facts and circumstances surrounding a specific case. The question mark in the title is a reference to the lack of clarity surrounding this norm. What is 'fair and just'? This publication aims to evaluate the status quo in the field of non-governmental restitution claims to Nazi-looted art. In addition, through contributions by leading experts and a discussion amongst stakeholders, it explores a way to move forward.

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Freedom and its enemies 9

Freedom and its enemies 9



Contemporary Western constitutional systems promised a liberty-based political and social order. Yet over time,liberty has turned into a self-destructive force, as rights claims have been increasingly advanced not to defend negative liberties, but to demand positive action from governments to promote freedom or righteous causes.Freedom and Its Enemies reflects on the demise of liberty from the perspective of political practice and through the lenses of political theory, constitutional law and human rights. The authors contemplate key problems from the broader perspective of constitutionalism and liberty, address the tension between liberty and dignity, and bring case studies on particularly challenging issues to the discussion.The sheer depth and richness of the contributions in this collection make this volume a useful roadmap for a much needed dialogue.

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Freedom of expression in a pluralistic world order

Freedom of expression in a pluralistic world order




Ambrogino G. Awesta

In Freedom of Expression in a Pluralistic World Order, Ambrogino G. Awesta assesses the legal impact of cultural pluralism (which is often indicated by the terms multicivilizationalism and multiculturalism) on the fundamental right to freedom of expression at the international, European and national level. This assessment is ineluctable for this age of globalization wherein the accommodation of cultural diversity poses a profound challenge to the fundamental values of human life. One of the foremost endangered values is thus the fundamental right to freedom of expression. The author determines the scope of the perilous rift that tends to undermine this fundamental right by scrutinizing the relevant political theories. Subsequently, he elucidates the importance of this right for our globalized age through different philosophies. Based on these findings, the de jure impact of pluralism on the fundamental right to freedom of expression is examined and explained.

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Globalization versus regionalization

Globalization versus regionalization



This book contains the updated papers of the 4th Annual MAA Peter Schlechtriem CISG Conference, which was held on 18 March 2012 in Hong Kong. The contributions cover an overview of the current issues facing the global trade law community such as the expected accession of Brazil to the CISG, the issues facing the CISG with a view to the introduction of the Common European Sales Law (CESL) in the European Union and the effects of reservations made by signatories to the CISG and potential withdrawals of such reservations by such countries. The book is a valuable resource for both academics and professionals working in the field of commercial law, trade law and investment disputes.

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Greenhouse gas emissions from international aviation: legal

Greenhouse gas emissions from international aviation: legal




Alejandro Piera Valdés

While the aviation sector has introduced a number of technological and operationalmeasures to curb its greenhouse gas emissions, these will not offset the emissions expectedfrom its projected growth. This book examines the legal framework underlying theinternational aviation and climate change discourse. It analyzes the suitability of theInternational Civil Aviation Organization’s (ICAO) institutional setting to address climatechange and provides a critical assessment of the European Union Emission Trading Scheme.Finally, the author makes several recommendations to facilitate the adoption,implementation and, ultimately, compliance with the ICAO’s global market-based measurescheme to limit greenhouse gas emissions from international aviation.

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Hungarian yearbook of international law and European law / 2

Hungarian yearbook of international law and European law / 2



This publication contains articles on a specific topic , Interaction European Law and International Law, Development of International Law with regard to Minority Rights, Hungarian State Practice, Treaties and other international instruments to which Hungary is a Party, Hungarian Legislation and Hungarian Case Law involving questions of international public law.

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Hungarian yearbook of international law and European law / 2

Hungarian yearbook of international law and European law / 2



The Hungarian Yearbook of International Law and European Law is a collection of articles written mostly by Hungarian authors covering developments in the field of international law and EU law, and progress indomestic implementation and application of these fields of law. The thematic part of the present volume centres around the issues of nationality, identity, loyalty and citizenship. The authors explore the gradually changing state approaches to multiple citizenship, as well as the shift in the focus of international conventions dealing with nationality. The Yearbook also contains numerous articles analysing well-known Hungary-related cases and their assessment from the perspective of Hungarian legal experts. The Yearbook offers a comprehensive picture of the state of application and implementation of EU law and international law in Hungary.

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I scientific technical aspects and the law

I scientific technical aspects and the law




Marietta Benko

This book deals with the `definition/delimitation question with special regard to the passage of spacecraft through foreign airspace for reaching the orbit and returning to Earth. This is particularly important for space transportation systems like the US Space Shuttle or the Soviet BURAN, which were used in the past. New systems are already planned in the US, Europe and China. However, they will all encounter the same `passageproblems as their two predecessors, according to the present and foreseeable state of space technology. The authors start with a presentation of the relevant technical basics, which is then followed by legal considerations taking into account the extremely sensitive space environment where civilian, commercial and governmental (including military) activities are conducted by fundamentally different actors with diverging interests and philosophies. In this context State practice with respect to passage rights and agreements with respect to abort and emergency landing sites on foreign territory are also discussed. As an annex a comprehensive selection of relevant documents is reprinted.

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1 2 3 4 Volgende