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This is the latest edition of Elizabeth Moys' classic reference work for law librarians. This edition will bridge a 10-year gap since the 4th edition. Substantial revisions will be made including extended coverage to feature new areas, resulting in a more comprehensive and reliable book for law librarians which will help them to classify their law publications effectively. This edition has been revised and expanded by Diana Morris in conjunction with a team of contributing editors, who use the scheme daily. This publication is essential for law librarians or information workers with an interes

After the recent enactment of General Defense Competition Law No. 42‐08, of the Dominican Republic and the culmination of a discussion process of more than a decade, it is of special relevance to perform an economic analysis of this new law, from a substantive, institutional and procedural approach. In this paper, the authors perform a comprehensive economic analysis of the new legislation, reviewing each individual section of the piece, and using as reference for the analysis the regulatory framework of the United States of America Antirust Law and the European Union Competition Law provisions.

Should courts adjudicate to promote efficiency in the economy, or should courts be content to apply the law as they find it? The literature of law & economics has much to say about how to identify efficiency in the construction of the law, but little to say about whose business it is to promote efficiency in the law, insofar as efficiency is warranted. It is argued in this paper that efficiency belongs to the legislature & that adjudication for efficiency by the courts is self-defeating. 1 Figure, 2 Appendixes, 29 References. Adapted from the source document.

Intro -- Preface -- Acknowledgements -- Contents -- Notes on Contributors -- Part I: Legal Risks in Developement of EU Law -- Reframing Legal Risk in EU Law -- 1 Introduction -- 2 Looking for a Definition of Legal Risks in EU Law -- 2.1 Legal Risks Through EU Law Principles -- 2.2 Identification of EU Legal Risks -- 3 From Impact Assessment to Allocation of Liabilities in EU Law -- 3.1 Impact Assessment as Public Legal Risk Management -- 3.2 Allocation of Liabilities in Legal Risk Management -- References -- Legal Risks in the Relation Between National Constitutional Law and EU Law -- 1 Introduction -- 2 The EU Legal Order: A New Legal Order in International Law -- 2.1 Setting the Scene: Direct Effect and Primacy of EU Law -- 2.2 Reinforcing the Claims: Simmenthal and Further -- 3 Legal Risks Emanating from the EU Legal Order and Directed to National Constitutional Law -- 3.1 Legal Risks to the Constitutional Fabric of Member States -- 3.2 Legal Risks to National Constitutions: EU Law Trumps Constitutional Law of the Member States -- 3.3 Legal Risks to the Position of Constitutional Courts: The Fall of Giants? -- 4 Legal Risks from National Constitutional Claims to the EU Legal Order -- 4.1 National Constitutional Claims as a Legal Risk to the Unity and Effectiveness of the EU Legal Order -- 4.2 Examples of (yet) Unmaterialized Legal Risks to the EU Legal Order -- 5 Concluding Remarks -- References -- Human Rights Advocacy for an ``International Society of Risk´´ -- 1 Introduction -- 2 Risk Management in Human Rights: The Apparent Obligation to Prevent -- 2.1 Human Rights Violations: Interim Measures to Prevent Judicial Proceedings -- 2.2 Prevention as Core of Risk Management in Human Rights -- 2.2.1 State Responsibility for Risk Prevention -- 2.2.2 The Proof of the ``Real Risk´´ in order to Repair the ``Potential Damage´´.

Includes bibliographical references and indexes. ; Mode of access: Internet. ; Accompanied by a case index (27 leaves) compiled by the Order Dept. of the University of Michigan, Law Library, 1944

Sea — Territorial sea — Fisheries — Baselines — Low-tide elevations within territorial waters — Use as base points — European Economic Community fisheries policy — Council Regulation EEC 170/83 — Rights of fishermen from other Member States in waters off the United Kingdom — Belt of water between six and twelve miles from United Kingdom baselines — Regulation adopted at time United Kingdom claimed three mile territorial sea — Territorial Sea Act 1987 — Extension of United Kingdom territorial waters to twelve miles — Certain low-tide elevations brought within territorial waters — Use as base points — New baselines further out to sea — Whether new baselines applicable to fishery zones under Regulations 170/83 — Whether new baselines compatible with international law — Whether required by international law — Whether opposable to other Member States for purposes of Regulation 170/83Treaties — Effect — EEC Treaty, 1957 — EEC Treaty creating new legal order — Relationship between Community law and international law — Fisheries — Regulation providing for rights of fishermen from one Member State off the coast of another — Regulation referring to waters between six and twelve miles from baselines — Whether reference to baselines as determined by coastal State from time to time in accordance with international law — Whether reference to baselines as they existed at date of adoption of Regulation — The law of the European Economic Community

Intro -- Contents -- Part I: Introduction -- Towards a Global Order Based on Principles of Fairness, Solidarity, and Humanity -- Part II: Articles -- Rules-Based International Cooperation During a Global Pandemic: The COVID-19 Crisis and Trade Law Lessons for Africa -- 1 Introduction -- 1.1 The COVID-19 Crisis and Its Trade-Related Implications -- 2 International Law: A Helpless Bystander? -- 3 The GATT/WTO System -- 4 Preparing for the Next Pandemic: Is COVID-19 What It Takes for Africa to Take Industrialisation and RandD Seriously? -- 5 COVID-19 Lessons for the AfCFTA -- 6 Conclusion -- References -- Africa, COVID-19, and International Law: From Hegemonic Priority to the Geopolitical Periphery? -- 1 Introduction -- 2 Africa, Global Health, and International Law in the Hegemonic System -- 2.1 Global Health and the Hegemonic System in the Post-Cold War Period -- 2.2 Africa as a Global Health Priority in the Hegemonic System -- 2.3 The Tale of Two Ebola Outbreaks -- 2.3.1 Ebola in West Africa -- 2.3.2 Ebola in the Democratic Republic of the Congo -- 3 The COVID-19 Pandemic: Global Health, Africa, and International Law in a Balance-of-Power System -- 3.1 The Geopolitical Features of the COVID-19 Pandemic -- 3.2 From Priority to Periphery: The Return of Geopolitics, Global Health, and Africa -- 3.3 At the Geopolitical Periphery: International Law, Global Health, and Africa -- 4 Conclusion -- References -- The Right to Cross-Border Identity of Individuals with Eritrean and Ethiopian Ancestry: International and Comparative Law Pers... -- 1 Introduction -- 2 Theoretical and Methodological Considerations -- 3 The Overall Political Situation in Eritrea and Ethiopia -- 4 International and Comparative Perspectives to Nationality Law -- 4.1 Nationality Under International Law -- 4.2 Comparative Law Perspective on Dual Nationality.

Abstract
Human rights are becoming increasingly relevant in international investment disputes. A question therefore arises as to whether the application of human rights law to those disputes is justified. This article answers that question in the affirmative. In particular, it suggests that there are at least four legal grounds (which may operate separately or cumulatively) warranting the application of human rights norms in the context of international investment disputes: (i) the fact that international human rights law is part of international law, which in turn governs the merits of investment disputes; (ii) the presence of express references to human rights in the investment treaty; (iii) the presence of implied references to human rights in the investment treaty; and (iv) the principle of systemic integration. Each of these grounds can be the basis for applying international human rights law as an interpretative tool. Some of them, however, can play a more substantive role and justify the direct application of international human rights norms to the merits of the dispute. This may lead to normative conflicts. The article thus also provides a framework to determine, in case of clashes between international investment law and international human rights norms, which norm should apply in concreto.

Abstract: This article discusses the impact of product liability law on product safety regulation, with special reference to 'medical devices'. Four aspects are highlighted in particular: first, a short reference to the experiences of and controversies in the United States on this subject; second, an analysis of the recent case law of the Court of Justice of the European Union (CJEU), which interprets product liability law under Directive 85/374/EEC as a supplementary instrument of product safety regulation; third, an examination of the limits of product liability in cases of bankruptcy of the manufacturer, as in the case of the 'affaire PIP'; and fourth, a discussion of the attempt to hold a so-called 'notified body' (i.e., the EU certification agency) liable for defective medical devices in the litigation concerning defective breast implants in terms of Directive 93/42/EEC and the relevant rules of national law. The German Federal Supreme Court has recently decided to refer the matter to the CJEU for a preliminary ruling and has argued that, under the EU effectiveness principle, product liability law has a regulatory function, especially when sensitive health issues, raised by defective medical devices implanted into the human body, are at stake – as in the 'affaire PIP'.

Religion is a dominant force in the lives of many Americans. It animates, challenges, directs and shapes, as well, the legal, political, and scientific agendas of the new Age of Biotechnology. In a very real way, religion, biomedical technology and law are - epistemologically - different. Yet, they are equal vectors of force in defining reality and approaching an understanding of it. Indeed, all three share a synergetic relationship, for they seek to understand and improve the human condition. This book strikes a rich balance between thorough analysis (in the body), anchored in sound references to religion, law and medical scientific analysis, and a strong scholarly direction in the end notes. It presents new insights into the decision-making processes of the new Age of Biotechnology and shows how religion, law and medical science interact in shaping, directing and informing the political processes. This volume will be of interest to both scholars and practitioners in the fields of religion and theology, philosophy, ethics, (family) law, science, medicine, political science and public policy, and gender studies. It will serve as a reference source and can be used in graduate and undergraduate courses in law, medicine and religion. ; https://scholarship.law.edu/fac_books/1030/thumbnail.jpg

Taking R. Von Ihering's essay, "Der Kampf ums Recht" ([The Struggle for Rights] 1872), as a point of reference, Javier Muguerza argues for a new approach to the realist-formalist debate in legal theory. Ihering's differentiation between "Law" & "Society" aimed at showing the conflict of interests that inevitably underlies the law. Human beings may be ready to die for what they consider to be theirs, but the law conceived as a "battlefield" also helps to understand that each individual defending his rights is in fact defending everyone's rights. However, for this to be true, it is necessary to move from a corporative or historic perception of the law, to a universalistic one, & it is here where philosophy must prove that the rights of the individual & human rights are one & the same. This could be labeled as the transition from ethics to law through politics. Such an evolution has been articulated in philosophy by consensualist theories such as those of John Rawls & Jurgen Habermas & their idea of the public use of reason, but it could equally be conceived from an agonistic point of view in which the dissident would play a leading role in the continued struggle for justice. 19 References. Adapted from the source document.

The Authority of EU Law -- Foreword by Pavel Telička -- Preface -- Contents -- Contributors -- Part I: The authority of European law -- The authority of European law: Do we still believe in it? -- 1 The concept of "authority" -- 2 Reasons for the current stress on the authority of EU law -- 3 Material welfare and the authority of EU law -- 4 Values and the authority of EU law -- 5 Two ostensibly conflicting sets of values -- 6 Democracy, human rights and the rule of law: An inextricable triad -- 7 Active citizenship, clientelism and the sense of rights and duties -- 8 Diversity as European strength -- 9 No demos, no democratic accountability, no democratic representation: the democratic deficit -- 10 The role of the court -- 10.1 The selection of judges -- 10.2 The style of decisions -- 10.3 The composition of the court -- 10.4 The docket -- Reference -- The Court of Justice of the European Union as the guardian of the authority of EU law: A networking exercise -- 1 Introduction -- 2 The dialogue between the Court of Justice and the national courts of the Member States -- 3 The dialogue between the national courts of the Member States -- 4 Conclusion -- References -- Part II: The impact of legislation on the authority of EU law -- A view from the European Commission -- 1 Lobbyists, delegated and implementing acts, and subsidiarity -- 2 Quality of legislation -- Can the authority of EU law be taken for granted? A tale of principles and realities -- 1 Introduction -- 2 Can the law-making affect the authority of EU law? -- 2.1 Democratic legitimacy -- 2.2 Transparency -- 2.3 Subsidiarity -- 2.4 Comitology, lobbying and the quality of legislation -- 3 What is most likely to affect the authority of EU law? -- 3.1 Searching for the authority of EU law -- 3.2 Need of support for the European project -- 3.3 Need of compliance with the European project.

Should the idea of economic man-the amoral and self-interested Homo economicus-determine how we expect people to respond to monetary rewards, punishments, and other incentives? Samuel Bowles answers with a resounding "no." Policies that follow from this paradigm, he shows, may "crowd out" ethical and generous motives and thus backfire. But incentives per se are not really the culprit. Bowles shows that crowding out occurs when the message conveyed by fines and rewards is that self-interest is expected, that the employer thinks the workforce is lazy, or that the citizen cannot otherwise be trusted to contribute to the public good. Using historical and recent case studies as well as behavioral experiments, Bowles shows how well-designed incentives can crowd in the civic motives on which good governance depends

Despite all the talk about African renaissance, much of the continent is plagued by poverty and instability. To break out of that cycle, the guardians of African heritage (the old independence freedom fighters turned political leaders and their successors) and much of Afrocentric literature rightly promote African ideas and solutions for African problems. While the idea in itself is noble, the danger is for Africa to close itself off and ignore "outside" technical and intellectual innovations that it desperately needs to advance further. Africa through Structuration Theory - ntu joins the discourse by attempting to restore intellectual freedom and convincingly defends structuration theory not only as the way forward for Africa but also as a legitimate African concept. It is innovative, refreshing and deserves to be heard across the world and appreciated especially by African graduates, current and future leaders of various African institutions or businesses, non-Africans who might hesitate to refer to such a theory when trying to understand and deal with African problems and the wider public who constitute the audience for this book.

Im Zentrum steht die Frage, unter welchen Voraussetzungen politische Parteien gegenüber ihren Mitgliedern Ordnungsmaßnahmen ergreifen dürfen, welche Verfahren dabei gelten und welche Rechtsschutzmöglichkeiten gegen Ordnungsmaßnahmen zur Verfügung stehen. Die praktische Notwendigkeit und die verfassungsrechtlichen Grenzen von Ordnungsmaßnahmen werden untersucht. ReiheSchriften zum Parteienrecht und zur Parteienforschung - Band 45.