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Lawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book maps the analysis lawyers require when confronted by the operation of several laws in different contexts, and demonstrates how this enhances legal reasoning.
The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.
This edited volume explores the theoretical and practical implications of war and terror situations for citizenship in democratic states. Citizenship is a key concept in Western political thought for defining the individual’s relations with society. The specific nature of these rights, duties and contributions, as well the relations between them, are determined by the citizenship discourses that prevail in each society. In wartime, including low-intensity wars, democratic societies face different challenges than the ones facing them during peacetime, in areas such as human rights, the status of minorities, the state’s obligations to its citizens, and the meaning of social solidarity. War situations can affect not only the scope of citizenship as an institution, but also the relations between the prevailing discourses of citizenship and between different groups of citizens. Since 9/11 and the declaration of the 'war on terror', many democracies have been grappling with issues rising out of the interface between citizenship and war. This volume examines the effects of war on various aspects of citizenship practice, including: immigration and naturalization, the welfare state, individual liberties, gender relations, multiculturalism, social solidarity, and state – civil society relations. This book will be of great interest to students of military studies, political science, IR and security studies in general.
Theory of International Law at the Threshold of the 21st Century is a remarkable book, and is destined to become a standard work, without which no International Law library will be complete. The essays contained in this volume are written by the foremost experts, and the topics have been chosen with the greatest care, to reflect the most pressing current problems facing the world community. The research and writing made available in this collection will be of enduring worth, and will be studied and quoted for decades to come. It follows in the finest traditions of the major collective works published by Martinus Nijhoff/Kluwer Law International. It is most appropriate that a remarkable book should be dedicated to a remarkable man, and the editor of the volume Professor Jerzy Makarczyk has ensured that the choice of writers, the choice of topics and the quality of the material do indeed honour one of the leading international lawyers of his generation: Professor Krzysztof Skubiszewski.
This book introduces the reader to Serres' unique manner of 'doing philosophy' that can be traced throughout his entire oeuvre: namely as a novel manner of bearing witness. It explores how Serres takes note of a range of epistemologically unsettling situations, which he understands as arising from the short-circuit of a proprietary notion of capital with a praxis of science that commits itself to a form of reasoning which privileges the most direct path (simple method) in order to expend minimal efforts while pursuing maximal efficiency. In Serres' universal economy, value is considered as a function of rarity, not as a stock of resources. This book demonstrates how Michel Serres has developed an architectonics that is coefficient with nature. Mathematic and Information in the Philosophy of Michel Serres acquaints the reader with Serres' monist manner of addressing the universality and the power of knowledge – that is at once also the anonymous and empty faculty of incandescent, inventive thought. The chapters of the book demarcate, problematize and contextualize some of the epistemologically unsettling situations Serres addresses, whilst also examining the particular manner in which he responds to and converses with these situations.
An encyclopedia designed especially to meet the needs of elementary, junior high, and senior high school students.
Descreve como a corrupção é julgada na arbitragem comercial internacional. Procura explicar porque não há uma uniformidade na política arbitral em relação à corrupção. Analisa casos relativos à corrupção e arbitragem. Examina a legislação sobre corrupção, assim como convenções internacionais relevantes.