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Intro -- Preface -- Contents -- Introduction -- 1 Main Objectives -- 2 Main Themes -- 3 Structure -- 4 Issues Assessed Within the Thirty-Four Chapters -- 4.1 Issues Related to General Aspects -- 4.2 Issues Related to Specific Aspects -- References -- Part I: General Aspects: Basics of a Sustainable Development Law -- Sustainable Development Law in (Only) One World: Challenges and Perspectives for Governance and Governments -- 1 Introduction -- 2 Theoretical Framework and Methodology -- 3 Findings and Discussions -- 3.1 Substantial Inter-national and Intra-national Fine-Tuning -- 3.2 Organizations and ``Policy/Instrument Mixes´´ -- 4 Conclusions -- References -- Designing Law for Sustainability -- 1 Introduction -- 2 The Historical and Theoretical Roots of Sustainability -- 3 The Ecological Core of Sustainability -- 4 Why Regulation for Sustainability Is Needed? -- 5 How to Design a Regulatory System for Sustainability? -- 5.1 Beyond Reductionism -- 5.2 Beyond Anthropocentrism -- 5.3 Beyond Positivism -- 5.4 Beyond Short-Termism -- 5.5 Beyond Deregulation -- 6 Conclusion -- References -- The Laws of Sustainable Development -- 1 Introduction -- 2 The Principle of Sustainable Development -- 3 National Sovereignty Over Natural Resources -- 3.1 Territory, Sovereignty, and ``The Global Commons´´ -- 3.2 Territory, Jurisdiction and Environmental Policy -- 3.3 Environmental Damage in One State Affecting the Territory of Another State -- 3.4 Damage to the ``Global Commons´´ -- 3.5 Environment and Ethics -- 3.6 Environmental Damage Purely Situated Outside a State´s Territory -- 3.7 Conclusion -- 4 The Principle of Preventive Action and the Precautionary Principle -- 5 The Polluter Pays Principle -- 6 Common But Differentiated Responsibility -- 7 Conclusion -- References -- Reducing the European Union´s Environmental Footprint Through `Territorial Extension´.

Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law "law" properly so-called? In what respects is it systematic? Does it — can it — respect the rule of law? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well

Intro -- Vorwort -- Aus dem Vorwort zur ersten Auflage -- Autoren- und Inhaltsübersicht -- Inhaltsverzeichnis -- Abkürzungsverzeichnis -- Erster Teil. Verwaltung und Verwaltungsrecht im demokratischen und sozialen Rechtsstaat -- Zweiter Teil. Die Quellen des Verwaltungsrechts -- Dritter Teil. Das Verwaltungshandeln -- Vierter Teil. Das Verwaltungsverfahren -- Fünfter Teil. Anstaltsnutzung und Nutzung öffentlicher Sachen -- Sechster Teil. Das Recht der öffentlich-rechtlichen Schadensersatzund Entschädigungsleistungen -- Siebenter Teil. Verwaltungsorganisation -- Sachverzeichnis

"Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated."--Bloomsbury Publishing

The pivotal aim of this book is to explain the creation, development and impact of the general principles of law in the European Union legal order. Creation. This is the stage whereby the general principles are created as a result of the influence of Member States law, as well as the influence of international instruments, e.g. the European Convention on Human Rights. This stage is clearly related to the use of comparative methodology and embodies an extensive examination of the jurisprudence of the European Court of Justice and the Opinions of the Advocates General. The use of teleological in

The prominence of the Advocate General is one of the most distinctive, & controversial, features of the European Court of Justice. This is a study of the Advocate General & his role in the development of EC Law. It examines the history of the role the questions over its future, & the role's importance in the procedures of the Court

This book offers a general framework for understanding the main concepts, rules, and institutions of the Thai legal system. It details the history of the civil and commercial code and provides readers with valuable information about the main principles that regulate relations between private individuals. Written in a clear and easy-to-understand style, it first presents the general principles of law and then addresses more specific aspects. It not only defines private law, but also explores how it works, and why it works the way it does. Topics covered include general rules of law, the law of obligations and contracts, the management of affairs without mandate and unjustified benefits, the law of property, family law and the law of inheritance

"This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law."

General Principles of EU Civil Law focuses on a rapidly developing but still highly controversial area of EU law: the emergence of general principles with constitutional relevance for EU civil law, guiding its interpretation, gap filling and legality control. This study brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1 to 3 on framed autonomy, protection of the weaker party and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, principle 7 on good faith is still an emerging principle but is gradually gaining importance.This book will allow the reader to understand and to assess the current evolution of EU civil law in days where its autonomous character is increasingly recognised in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.About this book'The topic is highly relevant these days and orders our case-law in ways that only a proficient academic like Norbert Reich is capable of doing. That effort will in turn be taken into account in the further development of the case-law.'Koen Lenaerts, Vice-President of the Court of Justice of the European Union'Professor Reich has written a book that is not merely rich and broad in ambition,but in fact genuinely ground-breaking. In identifying, explaining and analysing seven key principles of EU civil law, he has drawn us a map that will help scholars to find their way through the forbiddingly dense jungle populated by EU Treaty provisions, the legislative acquis and the Court's case law. And, in showing how proudly 'social' much of the EU's protective regulation affecting private parties truly is, he has set a tone that EU policymakers should embrace.' Stephen Weatherill, Jacques Delors Professor of European Law, University of Oxford'For the private lawyer, probably the most interesting recent d ...

Cover -- Half Title -- Title Page -- Copyright Page -- CONTENTS -- TRANSACTION INTRODUCTION -- PREFACE -- PART ONE: THE LAW -- I. THE CONCEPT OF LAW -- A. Law and Justice -- a. Human behavior as the object of rules -- b. Scientific and political definition of law -- c. The concept of law and the idea of justice -- 1. Justice as a subjective judgment of value -- 2. Natural law -- 3· The dualism of positive and natural law -- 4· Justice and peace -- 5· Justice and legality -- B. The Criterion of Law (Law as a Specific Social Technique) -- a. Direct and indirect motivation -- b. Transcendental and socially organized sanctions -- c. Punishment and reward -- d. Law as a coercive order -- e. Law, morality, religion -- f. Monopolization of the use of force -- g. Law and peace -- h. Psychic compulsion -- i. The motives of lawful behavior -- j. Arguments against the definition of law as coercive order -- 1. Eugen Ehrlich's theory -- 2. The never-ending series of sanctions -- C. Validity and Efficacy -- a. The "norm" -- 1. The law as a command, i.e., expression of a will -- 2. The "will" of the parties in a legal transaction -- 3· The "will" of the legislator -- 4· Customary law as command -- 5· The "ought" -- b. General and individual norms -- c. Conditional and unconditional norms -- d. Norm and act -- e. Efficacy as conformity of the behavior to the norm -- f. Behavior "opposed" to the norm -- g. Efficacy as condition of validity -- h. Sphere of validity of the norms -- i. Retroactive laws and ignorantia juris -- D. The Legal Norm -- a. Legal norm and rule of law in a descriptive sense -- b. Rule of law and law of nature -- c. The legal norm as a standard of valuation -- II. THE SANCTION -- III. THE DELICT -- A. "Mala in se" and "Mala prohibita" -- B. The Delict as a Condition of the Sanction

In this three-volume book, the law of corporate finance is defined in a modern way and studied from the perspective of a non-financial firm. The law of corporate finance helps the firm to manage cash flow, risk, principal-agency relationships, and information in the context of all decisions that influence the firm 's finances. The first volume introduces the fundamental concepts and explains the relationship between corporate risk management, the management of agency relationships, corporate governance, and the management of information. The second volume discusses how risk, agency, and inform