Suchergebnisse

417Arbitration — Compromis — Arbitration in two stages — Agreement on Principles and Arbitration Agreement — Phase One on territorial sovereignty — Phase Two required to decide on maritime delimitation — Applicable law — United Nations Convention on the Law of the Sea, 1982Sea — Delimitation of maritime boundaries between Parties — Eritrea and Yemen — States with opposite coasts — Single international boundary line — Applicable law — United Nations Convention on the Law of the Sea, 1982 — Delimitation of exclusive economic zone — Delimitation of continental shelf — Requirement of equitable solution — Median or equidistance line — Applicability as international boundary — Normal baseline — Use of low-water line — Presence of islands — Determination of relevant coasts — Relevance of straight baseline — Relevance of fishing and fisheries in Red Sea — Relevance of petroleum agreements — Mineral resources — Nature and relevance of traditional fishing regime — Whether shared maritime zones around islands requiring delimitation — Other relevant factors — Proportionality Relevance of non-geographical circumstances — Northern and southern extremities of boundary lineTreaties — United Nations Convention on the Law of the Sea, 1982 — Eritrea not party to Convention — Eritrea accepting applicability of Convention for purposes of delimitation — Convention incorporating customary law of seaTerritory — Sovereignty — Sovereignty over islands in Red Sea between coastlines of Eritrea and Yemen settled in Phase One of Award — Tribunal to delimit maritime boundaries taking into account its opinion on questions of territorial sovereignty — Nature of sovereignty — Relevance to delimitationWar and armed conflict — Eritrea-Yemen hostilities 1995 — Agreements ending conflict — Agreement on Principles — Arbitration Agreement — Phase One of Award having settled dispute on question of territorial sovereignty peacefully — Phase Two of Award to settle question of maritime boundaries peacefully

Frontmatter -- VORWORT -- HINWEISE FÜR DEN LESER -- INHALTSVERZEICHNIS -- ABKÜRZUNGSVERZEICHNIS -- I. ALLGEMEINES VÖLKERRECHT -- Einführung -- 1. SUBJEKTE DES VÖLKERRECHTS -- Einführung -- 2. RECHTSNATUR DES VÖLKERRECHTS -- Einführung -- 3. VÖLKERRECHTSQUELLEN -- Einführung -- 4. VÖLKERRECHTLICHE HANDLUNGEN -- Einführung -- 5. VÖLKERRECHTLICHE DELIKTE -- Einführung -- 6. STREITBEILEGUNG -- II. BESONDERES VÖLKERRECHT -- Einführung -- 1. GESANDTSCHAFTSRECHT -- Einführung -- 2. KONSULARRECHT -- Einführung -- 3. INTERNATIONALES WIRTSCHAFTSRECHT -- Einführung -- 4. INTERNATIONALES SEERECHT -- Einführung -- 5. Luftrecht und Weltraumrecht -- SACHVERZEICHNIS -- Backmatter

This paper provides a comprehensive discussion of the deterrence properties of a competition policy regime. On the basis of the economic theory of law enforcement we identify several factors that are likely to affect its degree of deterrence: 1) sanctions and damages; 2) financial and human resources; 3) powers during the investigation; 4) quality of the law; 5) independence; and 6) separation of power. We then discuss how to measure deterrence. We review the literature that use surveys to solicit direct information on changes in the behavior of firms due to the threats posed by the enforcement of antitrust rules, and the literature based on the analysis of hard data. We finally argue that the most challenging task, both theoretically and empirically, is how to distinguish between 'good' deterrence and 'bad' deterrence.

In the area of criminal law, the federal government often sets trends. This article discusses the potential impact of two trends in federal criminal justice that are being followed by the states: privatizing prosecution and blurring the line between criminal and civil law. While there are potential benefits of both trends, such as enhancing law enforcement's resources and flexibility, this article suggests that the potential harm they pose for a system of criminal justice is serious. By abdicating prosecutorial functions to private parties motivated by greed rather than the public interest and by blurring the line between criminal and civil law, we risk diluting the power of the criminal law to communicate core values of society.

The international legal framework has traditionally been divided into a "state of war" and a "state of peace." Most contemporary authorities still insist upon sharp and tidy categorization in this area, although some would prefer a three-fold or a multi-fold division, instead of the standard two-fold split. This whole approach has come under attack in recent years.A division into "states" of "war" and "peace" should theoretically produce simplicity and clarity. Instead, however, it leads to hopeless complications. This is clear as soon as any attempt is made to define the "state of war."

This collection provides an intellectually rigorous and accessible overview of key topics in contemporary natural law jurisprudence, an influential yet frequently misunderstood branch of legal philosophy. It fills a gap in the existing literature by bringing together leading international experts on natural law theory to provide perspectives on some of the most pressing issues pertaining to the nature and moral foundations of law. Themes covered include the history of the natural law tradition, the natural law account of practical reason, normativity and ethics, natural law approaches to legal obligation and authority and constitutional law. Creating a dialogue between leading figures in natural law thought, the Companion is an ideal introduction to the main commitments of natural law jurisprudence, whilst also offering a concise summary of developments in current scholarship for more advanced readers

Lawlessness in Russia? Rethinking the narratives of law -- Legal consciousness(es) in Russia -- Dealing with damage from home water leaks -- Dealing with auto accidents -- The view from the benches of the justice-of-the-peace courts -- The view from the trenches of the justice-of-the-peace courts -- Rethinking the role of law in Russia

This paper focuses on socioeconomic disadvantage as a significant source of inequality in the realm of housing. Taking into account international and European human rights law, as well as selected domestic systems, it will show how anti-discrimination law has a significant role to play in addressing socioeconomic inequalities in the field of housing. Part I will explore the notion of non-discrimination on the grounds of socioeconomic status. Part II will examine two specific mechanisms to incorporate socioeconomic considerations into anti-discrimination legislation: public sector equality duties, and the inclusion of socioeconomic disadvantage as a prohibited ground of discrimination. Part III brings the discussion further into the context of housing. The paper concludes by suggesting that anti-discrimination law can be mobilised to secure the effective exercise of the right to housing by socioeconomically disadvantaged groups.