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The creation of an economically integrated Europe, based on free circulation across open borders, has probably facilitated an increase in transnational crime. One response to this phenomenon has been to try to create an integrated European criminal law. But legal integration will not magically solve all the problems related to transnational crime. Indeed, it may create problems of its own. By favouring efficiency (that is, repression) over legitimacy (the protection of fundamental rights), it favours a criminal justice policy oriented towards 'security'. By imposing the same rules throughout Europe, it disturbs the internal consistency of national legal systems. Nevertheless, the phenomenon of legal integration, facilitated by new legal instruments such as framework decisions, continues to develop. We might therefore ask ourselves, as an introduction, why this is so.

In a security environment characterized by increasing tension and geopolitical competition, studying neutrality provides an opportunity to explore a set of political-legal mechanisms and concepts, which historically have had protective and escalation mitigation functions and effects. This report provides a historical and technological background to neutrality and a breakdown of the legal debates regarding the application of the law of neutrality in cyberspace. ; In einem Sicherheitsumfeld, das durch zunehmende Spannungen und geopolitischen Wettbewerb gekennzeichnet ist, kann mittels Studieren der Neutralität eine Reihe von politisch-rechtlichen Mechanismen und Konzepten untersucht werden, die in der Vergangenheit Schutzfunktionen eingenommen sowie eskalationsmindernde Wirkungen ausgeübt hatten. Dieser Bericht bietet einen historischen und technologischen Hintergrund zur Neutralität und eine Aufschlüsselung der rechtlichen Debatten über die Anwendung des Neutralitätsgesetzes im Cyberspace.

As a way of celebrating its centenary, I sketch out a vision of how to revitalize land use and zoning law. Such a vision is called for not merely because of the marking of 100 years since zoning was first introduced in New York City. Due to the immense impact land use laws have on human lives and their surroundings, it is crucial to re-imagine the land use law system, and in particular judicial review of land use law, and to ground it within an ethical foundation. A land use law system should be based on an ethical commitment to fairness and sustainability. It should be guided by principles of democracy and transparency; by norms of accessibility, diversity, and density; and by a requirement to preserve a fair ratio between the distribution of burdens and the allocation of benefits. This article provides an account of why land use law is currently missing an ethical commitment and offers a broad outline of the form such an ethical commitment could take.

This new edition has been revised and updated to provide current and comprehensive coverage of essential issues of the international law of the sea in a systematic manner. This book presents two paradigms of the law of the sea: the law of divided oceans and the law of our common ocean. It covers contemporary issues, such as protection of the marine biological diversity, marine plastic pollution, the Arctic, and impacts of climate change on the oceans. Following the clear and accessible approach of previous editions, with many illustrations and tables, The International Law of the Sea continues to help students to best understand the law of the sea.

This paper offers the first comprehensive analysis of legal change in the protection of shareholder and creditor rights in transition economies and its impact on the propensity of firms to raise external finance. Following La Porta et al. (1998), the paper constructs an expanded set of legal indices to capture a range of potential conflicts between different stakeholders of the firm. It supplements the analysis of the law on the books with an analysis of the effectiveness of legal institutions. Our main finding is that the effectiveness of legal institutions has a much stronger impact on external finance than does the law on the books, despite legal change that has substantially improved shareholder and creditor rights. This finding supports the proposition that legal transplants and extensive legal reforms are not sufficient for the evolution of effective legal and market institutions.

Reparations for Slavery in International Law examines the case for contemporary redress for the harms and legacies of transatlantic enslavement from a legal perspective. The book critically evaluates the history of transatlantic enslavement as well as the evolutions in international law that justified and perpetuated the exploitation of African peoples and people of African descent.

Intro -- Contents -- Abbreviations -- List of Figures -- List of Tables -- Chapter 1: Introduction -- 1.1 Economic Warfare: Overlooked? -- 1.2 Economic Warfare: An Instrument of Growing Importance -- 1.2.1 A Partial Substitute for War -- 1.2.2 Reinvigorated Nationalism and Rise of Economic Nationalism -- 1.2.3 Summary -- 1.3 Aim, Scope, and Limitations of This Work -- 1.3.1 Research Goals and How to Reach Them -- 1.3.2 What Will Not Be Addressed Here -- Chapter 2: Key Terms, Concepts, and Course of Inquiry -- 2.1 Absence of a Legal Concept and the Need of a Definition -- 2.2 Defining Economic Warfare -- 2.2.1 Common Use -- 2.2.2 Use by Scholars -- 2.2.2.1 No Definition Necessary -- 2.2.2.2 The French School of Economic Warfare -- 2.2.2.3 No Definition Possible -- 2.2.2.4 Broad Definitional Concepts -- 2.2.2.5 Lowenfeld´s Proposal and Its Modification for the Purposes of This Work -- 2.2.2.5.1 Measures Taken by (But Not Necessarily Against) Subjects of International Law -- 2.2.2.5.2 Economic vs. Military Measures -- 2.2.2.5.3 The Intent Behind the Measure -- 2.2.3 Economic Warfare: The Working Definition -- 2.2.4 What Is Gained by the Working Definition (and What Is Not) -- 2.2.5 Need It Be Called ``War´´? -- 2.2.6 Taxonomy of Related Terminology -- 2.2.6.1 Boycott -- 2.2.6.2 Embargo -- 2.2.6.3 Sanction -- 2.2.6.3.1 UN Sanction -- 2.2.6.3.2 EU Sanction (Restrictive Measure) -- 2.2.6.3.3 Sanctions as Measures of Economic Warfare -- 2.2.6.4 Blockade -- 2.2.6.5 Retorsions and Countermeasures -- 2.3 Plan of This Work -- Chapter 3: Trade War -- 3.1 Embargoes -- 3.1.1 Case in Point: The ``Oil Weapon´´ 1973 to 1974 -- 3.1.2 Legal Issues -- 3.2 Sanctions -- 3.2.1 Case in Point: Southern Rhodesia -- 3.2.2 Legal Issues -- 3.3 Tariffs, Quotas, and Dumping -- 3.3.1 Case in Point: The United States Trade War of 2018.

Deliberation is a linchpin of administrative decision-making, and is a key basis for judicial deference to the agency's interpretation of law. But deliberation has a dual valence in other areas of administrative law: it triggers the right to access to agency information in public meeting laws, but bars access in public records laws. This is the first article to identify and explain what I call the Deliberation Paradox in administrative law. This longstanding but unexplored dichotomy has roots in common law history, separation of powers, the purposes of public access statutes, and assumptions about how the government works. But the development of deference doctrines since Chevron v. NRDC sets deliberation at cross-purposes, confusing agencies about what is publicly accessible and denying the public information about vast swaths of government decision-making. This article contends that the Deliberation Paradox should be recognized and discarded in favor of an approach that grants deference only to deliberation that is publicly disclosed, with significant implications for judicial deference to agency interpretations of law and for inter-agency collaboration.