Suchergebnisse

Forward The present work of Professor Anja Bothe is a very important aid to the study of European Union Law. Aimed at the general public, it serves differently several sectors or sub-publics. Those who are now beginning their study of this discipline will easily understand its internal organization and know how to articulate the various substantive, institutional, and procedural issues. They will be able to apprehend the juseuropean tree of knowledge, visualizing its trunk and its branches. This will facilitate the deepening of their studies and allow them to move further to more demanding levels. For those who never studied European Union Law systematically but, namely because of professional reasons, have access to many sources of information about the European Union, this book provides a quick and effective way of structuring the information they collect, knowing where and how they should arrange it conceptually and schematically. In this way, they will avoid forgetting, misunderstanding or ignoring basic and structural questions. For those who are already very familiar with European Union law, this work allows a recapitulation of the subject, allowing through the visualization of the most important aspects recall those secondary aspects that directly relate to them. For these and other reasons, this work can therefore be very useful in academic and professional contexts where it is useful or necessary to move from point A to point B by quickly convening knowledge of the central aspects of European Union Law. Jónatas E. M. Machado Professor of Law of the European Union Faculty of Law of the University of Coimbra and Autonomous University of Lisbon (UAL) ; A basic understanding of the structure and operation of the European Union is essential, not only for all branches of law, but also for management, public relations, marketing, communication, sociology and the economy. Moreover, citizens may find this book very relevant and useful in capturing the fundamental notions underlying the EU, which may cause great impacts on everybody´s daily life. The author, Anja Bothe, concluded her Ph.D. at the Law Faculty of Hamburg. She teaches several branches of law, some of them in English, at the School of Management Sciences, Health, IT & Engineering Atlântica of Barcarena, and at the University Autonoma of Lisbon, where she is also integrated in the Investigation Center of the Law Department called Ratio Legis.

How does international law impact the behavior of states? This book designed for students in multiple disciplines offers a comprehensive, accessible introduction to the 'law of nations,' detailing the evolution of state practice in response to an ever-changing, diverse world. In this new edition of William Slomanson's foundational text, the new authors, Professors Slagter and Van Doorn, trace how states manage their sovereignty in myriad ways, working through treaties, international organizations, and international courts to secure their own as well as global interests. With special emphasis on five key areas-human rights, the use of force, human security and humanitarian intervention, environmental protection, and economic relations-the authors illustrate both the power and limits of international law to provide structure and predictability on a globalized planet. Real-world problem sets, annotated bibliographies, and a practical guide to studying international law make this a text that students and instructors alike will appreciate.

Belligerent Occupation — Legislative Acts of Occupant — Criminal Offences Constituting Violations of Law of Occupant as well as of Municipal Law — Trial of Offender by Municipal Court — Whether Municipal Court to Apply Law of Occupant or Municipal Law

The article is devoted to the study of the system of state measures applied to persons, who are suspected, accused of committing or having committed domestic violence, as well as determining the place of restrictive measures of a criminal law nature in the proposed system.
For this purpose, it is necessary to conduct an analysis of the legislative regulation of state measures applicable to persons suspected of committing or having committed domestic violence at all levels of №rmative legal regulation; to delimitate the terms "restrictive measure", "precautionary measure", "restrictive prescription" and "temporary prohibition injunction" and to analyse the expediency of the new term "security measures" proposed by the draft of the new Criminal Code of Ukraine.
The result of the conducted study is an analysis of the existing state measures to combat domestic violence in order to form a system of special measures to combat domestic violence, as well as examination of the issue concerning the place of restrictive measures of a criminal law nature applicable to persons having committed domestic violence. So, today, the system of special measures to combat domestic violence consists of types of measures to temporarily restrict the rights and obligations of the perpetrator who committed domestic violence, as well as to a person suspected, accused or committed a criminal offense related to domestic violence. The types of such measures are taking the offender into preventive registration and carrying out preventive work with him; referral of the offender to the offender program; a temporary injunction; a restrictive prescription of a civil nature a restrictive measure of a criminal procedure nature applicable to persons suspected or accused of committing domestic violence; and a restrictive measure of a criminal nature nature applicable to persons who have committed domestic violence having different preconditions, grounds , subjects and the term of appointment, but have the sole intention of protecting persons suffering from domestic violence.

In contrast to the claim that refugee law has been a key in guaranteeing a space of protection for refugees, this book argues that law has been instrumental in eliminating spaces of protection, not just from one's persecutors but also from the grasp of sovereign power. By uncovering certain fundamental aspects of asylum as practised in the past and in present day social movements, namely its concern with defining space rather than people and its role as a space of resistance or otherness to sovereign law, this book demonstrates that asylum has historically been antagonistic to law and vice versa. In contrast, twentieth-century refugee law was constructed precisely to ensure the effective management and control over the movements of forced migrants. To illustrate the complex ways in which these two paradigms – asylum and refugee law – interact with one another, this book examines their historical development and concludes with in-depth studies of the Sanctuary Movement in the United States and the Sans-Papiers of France.The book will appeal to researchers and students of refugee law and refugee studies; legal and political philosophy; ancient, medieval and modern legal history; and sociology of political movements.

Abstract: Developments in the European Union (EU) in the area of prosecution of transnational crime are tempestuous. Yet the debate on the role of the principles of criminal law in this area of the law is still in its infancy. This contribution explores the role of the legality principle (nullum crimen, nulla poena sine lege) in relation to choice of forum in the Area of Freedom, Security, and Justice (AFSJ). To what extent is the legality principle applicable in transnational cases? What must one think of current developments in light of this principle? Is the principle a factor of relevance for the European legislator and for the judiciary? It is advocated in this contribution that the legality principle of Article 49 of the Charter of Fundamental Rights (CFR) needs to be adapted to its transnational setting and that this must have implications for the state of play in European criminal law. Résumé: En matière de poursuite des délits transnationaux, les développements au sein de l´Union européenne sont tumultueux. Pourtantle débat sur le rôle des principes de droit pénal dans ce domaine du droit en est encore à ses débuts. La présente contribution explore le rôle du principe de légalité (nullum crimen, nulla poena sine lege) en relation avec le choix du for dans l´Espace de Liberté, Sécurité et Justice. Jusqu´où s´applique le principe de légalité aux cas transnationaux? Que doit-on penser des développements actuels à la lumière de ce principe? Le principe est-il un facteur de pertinence pour le législateur européeen? Et pour le pouvoir judiciaire? La présente contribution défend le point de vue selon lequel le principe de légalité de l´article 49 de la Charte des Droits Fondamentaux a besoin d´être adapté à son cadre transnational et cela doit avoir des implications sur l´état du droit pénal européen.

The scientific organizations which flourished before the World War have had great difficulty in continuing their labors after its termination. The Institute of International Law has been no exception. It was to have met in Munich in September, 1914, and its program had been completely arranged; but the war which started in August, 1914, necessarily put an end to all arrangements for the session. A resort to arms inevitably brings with it a desire for its avoidance; and the greater the war, the greater the desire. A decade, a generation struggles in the mists and shadows, seeking to extricate itself from the post-war spirit, condemning the past somewhat indiscriminately and advocating innovations which, new in expression, are nevertheless the aspirations of those who, in all time, crushed and bruised by force, seek
to replace it by justice.

Law schools train many of the nation's leaders. As Professor Fred Rodell observed, "it is the lawyers who run our civilization for us – our governments, our business, our private lives." The legal profession was already closely linked to leadership at the founding of the country, when lawyers constituted almost half of the signers of the Declaration of Independence and more than half of the members of the Constitutional Convention. Lawyers now bear major responsibility for leading the institutions that structure the governance, education, and day-to-day lives of the polity. Ten percent of the CEOs of the top fifty companies are lawyers. Lawyers serve as presidents of colleges and universities. Many practicing lawyers also play key leadership roles in the organizations where they work, on boards of directors, and in their communities.