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Contents -- Introduction -- References -- 1 The Law, The Economy, The Polity Jürgen Backhaus, A Thinker Outside the Box -- 1 Introduction -- 2 Political Economy and the Pure Science of Economics -- 3 Continental European Economic Thought Restored -- 4 Economics Is Law and Economics -- 5 Conclusion -- References -- 2 Economic Efficiency and the Law: Distinguishing Form from Substance -- 1 A Quick Review of Some Efficiency Claims -- 2 Common Law Efficiency: Science or Metaphysics? -- 3 Paretian Derivations and Efficiency Claims -- 4 Institutional Arrangements: Generics Versus Specifics

»Monitoring of Public Authorities. Systematics and Effectiveness of Public Authoritative Monitoring Procedures Based on Selected Reference Areas«: Public authoritative monitoring procedures promise to improve administrative procedures, especially in the environmental field, by checking whether administrative decisions prove their worth in implementation. The study analyses the legal framework of such procedures and systematizes the reference regulations from SEA law, construction law, food law and genetic engineering law. It assesses the effectiveness and legal framework on the basis of empirical findings and legal protection options.

Intro -- Foreword -- Acknowledgements -- Contents -- About the Author -- Abbreviations -- 1 Introduction -- 1.1 A Moderate, Responsible Approach to History-Writing -- 1.2 Research Questions -- 1.3 Historical Narratives -- 1.4 Narratives Written by Judges of ICTs -- 1.5 Focus on International Criminal Courts and Tribunals -- 1.6 Overview -- References -- 2 Approaches to the History-Writing Function in International Criminal Adjudication -- 2.1 Introduction -- 2.2 Theoretical Approaches to History-Writing -- 2.3 Restrictive Approaches -- 2.3.1 Strict Legality Approach -- 2.3.2 Incompatibility Theory -- 2.4 Expansive Approaches -- 2.4.1 Didactic Legality Approach -- 2.5 Moderate Approaches -- 2.5.1 Truth and Justice Approaches -- 2.5.2 Right to Truth -- References -- 3 The Individual-Centred Lens -- 3.1 Introduction -- 3.2 Individual-Centred Lens -- 3.3 Colonial Legacies as a Counternarrative -- References -- 4 The Crime-Driven Lens -- 4.1 Introduction -- 4.2 Constraints Relating to Interpretation -- 4.3 Constraints Relating to Scope -- 4.4 Natural Resources Crimes as a Counternarrative -- References -- 5 The Law-Affirming Lens -- 5.1 Introduction -- 5.2 The Tropes of the Law-Affirming Lens and the Colonial Period -- 5.3 The Operation of the Law-Affirming Lens in the WWII Trials -- 5.4 Law and Oppression as a Counternarrative -- References -- 6 The Distinctive Approaches of History and Law -- 6.1 Introduction -- 6.2 The Historiographical Debates -- 6.3 Non-epistemic Policy Values in Criminal Trials -- 6.4 Truth, Flattened -- 6.5 Victory Over Truth -- 6.6 Access to, and Engagement with, Evidence -- 6.7 Closed Universes -- 6.8 What Kinds of Narratives Do Judges of ICTs Write? -- References -- 7 Aiming Towards Responsible History in International Criminal Adjudication -- 7.1 Introduction.

Treaties — Operation of — Implied Reference to National Law — Allied Armies in Belgium — Requisitions by — The Law Applicable

Contents -- 1 Introduction: Francisco de Vitoria and the Origins of the Modern Global Order -- Abstract -- References -- Vitoria as the Father of International Law -- 2 From the "Imago Dei" to the "Bon Sauvage": Francisco de Vitoria and the Natural Law School -- Abstract -- 1 Introduction: A Triptych in the Manner of Ferdinando Gallego -- 2 The Frame: The Historical and Political Coordinates of Modernity -- 3 The Central Panel: The Theoretical Coordinates of Modernity -- 4 The First Side Panel: Vitoria, the Jurists and the Natural Law -- 5 The Second Side Panel: Vitoria, the Philosophers and the Natural Rights -- 6 Final Observations: Towards the Establishment of the Doctrine of Natural Law in the Eighteenth Century -- References -- 3 The Sovereignty of Law in the Works of Francisco de Vitoria -- Abstract -- 1 Introduction -- 2 The Sovereignty of Natural Law: A Tool to Control Civil Power -- 3 Sovereignty of Natural Law: An Instrument for the Reformation of the Church -- 4 The Sovereignty of Natural Law: An Instrument of Justice for Nations -- References -- 4 Vitoria, the Common Good and the Limits of Political Power -- Abstract -- 1 Introduction -- 2 The Common Good, "Objective Right" and Individual Rights -- 3 The Commonwealth and the Limits of Political Power -- 4 Legitimate Resistance to Abuses of Political Power -- 5 Ius Gentium and Limits to State Power in International Affairs -- 6 Just War Theory as a Constraint on States -- 7 Autonomy of Church and State -- 8 Conclusion -- References -- 5 The Problem of Eurocentrism in the Thought of Francisco de Vitoria -- Abstract -- 1 Introduction -- 2 Occupation -- 3 The Right of Communication -- 4 The Contemporary Debate Over Vitoria -- References -- 6 On the Spanish Founding Father of Modern International Law: Camilo Barcia Trelles (1888-1977) -- Abstract -- 1 Introduction

Preface -- Contents -- 1 The Modern Territorial Reordering of Barcarena -- Abstract -- 1.1 The Modernization Through Albras/Alunorte -- 1.2 Locations of Spontaneous Occupation -- 1.3 A Fabulous Place Planned: The Village of Cabanos -- References -- 2 The Use of the Territory as a Resource by the Ruling Elite of Barcarena -- Abstract -- 2.1 The Conservative Actions System -- 2.1.1 The Dispatches Policy -- 2.1.2 The Political Coercion -- 2.1.3 The Centralization and the Opacity -- 2.1.4 The City's Policy in the Works -- References -- 3 The Management of Laurival Magno Cunha and the Implementation of the Fiscal Responsibility Law -- Abstract -- 3.1 The Fiscal Responsibility Law: A State's Instrument of Reform -- 3.2 The Fiscal Responsibility Law in Barcarena: Modernization and Conservation -- References -- 4 Conclusion -- Abstract -- References -- Annex-About the Sources of Verbal Information -- Bibliography

Intro -- Preface -- Contents -- About the Authors -- List of Tables -- 1 Introduction -- Importance and Significance of Research on Alternative Media -- Methodology Used for This Research -- Organization of the Book -- References -- 2 Alternative Media and the Theoretical Frameworks -- Definition and History of Alternative Media -- UNESCO's World Communication Report -- Diverse as Alternative Media -- Historical Review of Alternative Media Practice -- Contemporary Context of Alternative Media -- Definition and Practice of Alternative Media in Taiwan -- Related Theories to Alternative Media and Society -- Civil Society -- Public Sphere in Alternative Media -- Democracy and Political Transition -- McOuail's Democratic Participant Media Theory -- References -- 3 History of Taiwan's Political Changes -- History of Ethnic and Political Problems in Taiwan -- Transition of Taiwan's Politics and Opposition -- Government and Politics in Transition -- Political Opposition in the Martial Law Period (1948-1987) -- Political Opposition After the Lift of Martial Law (1987-2000) -- Political Opposition After 2000 -- References -- 4 Media Environment in Taiwan from the 1950s to 2000 -- Authoritarian Regime and Mass Media -- Censorship and Media Control in the Martial Law Period -- Taiwanese Society and Media System after the Lift of Martial Law -- Media Development and Legal Framework in Taiwan since 1945 -- Newspapers -- Magazines -- Radio -- Television -- The Internet and Online Media -- References -- 5 The Main Alternative Media in the Martial Law Period of Taiwan -- Political Background for Opposition in the Martial Law Period -- The Birth of Political Opposition Magazine -- The Rise and Fall of the Formosa Magazine -- Ethnic Orientation of the Political Opposition Magazine in the 1980s -- References.

Intro -- Foreword by Professor Francisco José B. S. Leandro -- Foreword by Professor Li Xing -- Final Words -- Introduction -- Contents -- Editors and Contributors -- About the Editors -- Contributors -- List of Figures -- List of Tables -- Legal Issues and Politics Within the Lusophone World -- The Feasibility of the Portuguese Legal System in the Former African Colonies -- Introduction -- Portuguese Colonization: Duality of Law -- Post-independence Period -- Period of Liberal Democracy and Market Economy -- Reference to Other Ex-colonies Beyond Mozambique -- Conclusion -- References -- The Onto-Anthropological Foundation of Criminal Law in Brazil -- Introduction: Portuguese Influence on the First Laws of Brazil -- The Onto-Anthropological Foundation of José De Faria Costa -- The Onto-Anthropological Foundation in Brazil: Presence and Innovation -- Conclusion -- References -- The Base Erosion and Profit Shifting: A View of Portugal and Brazil -- Introduction -- BEPS: Concept, Mission, and Overview -- Brief History of BEPS Action 4 -- Implementing BEPS in Portugal and Influence on Lusophony Countries -- The Special Case of Brazil -- Findings -- References -- Economic Law: A Focus on Lusophone Competition Laws -- Introduction -- Portuguese Competition Law: Influence on Other Lusophone States -- Constitutional and Legal Framework of Competition Defence in Portugal -- How Portuguese and Brazilian Regimes Compare -- Conclusion -- References -- The Role and Influence of Portuguese Law in the Macau SAR of People's Republic of China: Issues and Perspectives -- Introduction -- Brief Historical Contextualization -- The SAR, the Joint Declaration, and the Basic Law Pointing the Continuity Principle -- The Macau Legal System Panoramic Characterization and Its Place in the Legal Families Discourse.

Front Cover -- Contents -- Foreword -- Acknowledgments -- About the Authors -- Abbreviations -- Overview -- Introduction -- What Is the Rule of Law? -- Constraints to the Rule of Law -- Contribution of the Volume -- Structure of the Volume -- Notes -- References -- Chapter 1 Theoretical Framework -- Introduction -- Institutions as Rules of the Game -- From Organizations to Institutions -- Institutional Change and Accountability -- Enforcement Mechanisms -- Policy Implications -- Notes -- References -- Chapter 2 The Rule of Law in MENA: Hypotheses and Empirics -- Introduction

When a court or tribunal of an EU Member State is faced with a dispute which gives rise to questions concerning the interpretation or validity of an EU legal measure that must be answered in order for the national court to render its decision, Article 267 of the Treaty on the Functioning of the European Union lays down that, prior to delivering its judgment, this court or tribunal may seek a preliminary ruling from the European Court of Justice. With the increased importance of EU law within those legal fields where arbitration is often used and with the growing number of arbitration proceedings, the preliminary ruling procedure may also be valuable to arbitration tribunals. However, the European Court of Justice has shown a pronounced reluctance when it comes to allowing arbitration tribunals access to use the preliminary reference procedure. This article provides an up-to-date examination of the Court of Justice's approach to preliminary references from arbitration tribunals, and it considers the pros and cons of opening more up for such tribunals using the preliminary reference procedure.

India has been a torchbearer in enhancing the ideals of international law. It has made persistent efforts to, among other things, promote a democratic multilateral legal framework, eliminate global economic inequality, enhance true democratic values and human rights, protect the environment and achieve sustainable development. India and International Law examines how India has attempted to achieve these goals in international relations and what has been therefore its contribution to the codification and progressive development of international law. The work will be a useful reference tool to scholars, academicians and policy-makers who are seeking practical expertise on India's policy and practical approach to international law. It provides excellent reference to the case laws of the Indian judiciary bearing reference to the implementation of international law at national level and India's position as of 31 December 2004 on the Multilateral Treaties deposited with the UN Secretary-General

Cover -- Half Title -- Title -- Copyright -- Contents -- Foreword -- Acknowledgments -- Abbreviations -- Overview: World Development Report 2017: Governance and the Law -- Improving governance to meet today's development challenges -- Drivers of effectiveness: Commitment, coordination, and cooperation -- Levers for change: Contestability, incentives, preferences and beliefs -- Drivers of change: Elite bargains, citizen engagement, and international influence -- Rethinking governance for development -- Navigating this Report -- Notes -- References -- Part I: Rethinking governance for development: A conceptual framework -- Chapter 1: Governance for development: The challenges -- Understanding development policy: Proximate factors and underlying determinants -- Development objectives . . . and constraints -- Governance for the bottom half -- Notes -- References -- Chapter 2: Enhancing governance for development: Why policies fail -- Diverse pathways to success: Moving beyond institutional transplants -- Drivers of effectiveness: Commitment, coordination, and cooperation -- Policy effectiveness in the presence of power asymmetries -- Levers for change: Incentives, preferences and beliefs, and contestability -- A dynamic process: Drivers of change and the role of law -- Notes -- References -- Spotlight 1: Corruption -- Spotlight 2: The governance challenges of managing risks -- Chapter 3: The role of law -- Law and the policy arena -- Ordering behavior: The command role of law -- Ordering power: The constitutive role of law -- Ordering contestation: The role of law in change -- Getting to the rule of law -- Notes -- References -- Spotlight 3: How do effective and equitable legal institutions emerge? -- Part II: Governance for development -- Chapter 4: Governance for security -- Can governance solve the problem of violence in society?

The excessive risk-taking at banks might account for the failure of financial undertakings, as well as to systemic problems in the European Union and around the world. The inappropriate design of remuneration systems in many financial institutions is reported to induce such risk-taking. The EU regulators have intervened through legislative measures which have been differently implemented in Member States. Such legislative measures face critics due to the restriction in banks' freedom of business. However, this book will point out that regulations are necessary and can be justified in order to protect the common good of a sound functioning financial market. Nevertheless, the effectiveness of current legislative provisions is challenged. Therefore, this book will critically analyse the legislation of bankers' remuneration, focussing on relevant EU, UK and German measures