Israel and the Palestinian Refugees

Author: Eyal Benvenisti
Publisher: Springer Science & Business Media
ISBN: 3540681612
Format: PDF, Mobi
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This book offers diverse perspectives on the Palestinian refugee problem and the possible ways to facilitate its resolution. It contains contributions of Israeli, Palestinian and other scholars, and its main goal is to initiate an informed dialogue that will bridge the "knowledge gap" between the different camps. The book provides a comprehensive picture of the various aspects of the problem and of the possible means of its resolution.

The Outer Limits of the Continental Shelf

Author: Suzette V. Suarez
Publisher: Springer Science & Business Media
ISBN: 3540798587
Format: PDF, ePub
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A. The Outer Limits of the Continental Shelf The 1982 United Nations Convention on the Law of the Sea (herein- ter the “Convention”) marks the beginning of a new era in the law of 1 the sea. The negotiations for this treaty at the Third United Nations Conference for the Law of the Sea (hereinafter “UNCLOS III”), lasted for nine years, from 1973 to 1982. The Convention regulates the principal aspects of international oceans affairs. It establishes and fixes the limits of maritime zones, provides for the rights and duties of states in these zones, establishes the law app- cable in the international seabed area on the basis of the principle of common heritage of mankind, imposes obligations on states to protect the marine environment, and provides for the means of dispute sett- ment. One of the most contentious and divisive issues at UNCLOS III were the outer limits of the continental shelf. Previously, in the 1958 Con- 2 vention on the Continental Shelf (hereinafter the “1958 Convention”), no limits were established for the continental shelf. States were allowed to claim areas of continental shelves based on their capacity to exploit the mineral resources of the shelf. The legal framework in the 1958 Convention would obviously conflict with the principle of the common heritage of mankind. Delegates realized that limits have to be est- lished, but up to where and on the basis of which principles, was a c- tentious question.

The European Court of Human Rights Overwhelmed by Applications Problems and Possible Solutions

Author: Rudiger Wolfrum
Publisher: Springer Science & Business Media
ISBN: 3540939601
Format: PDF
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The European Court of Human Rights is faced with a huge and ev- growing workload. Up until 1998, the Court pronounced only 837 judgments, while it rendered 4. 000 judgments in the last three years alone. On 18 September 2008, the European Court of Human Rights th delivered its 10. 000 judgment; currently, there are some 100. 000 cases pending before the Court. This enormous caseload is both a testimony to the Court’s success and of the considerable threat posed to the eff- tiveness of the protection of the rights and freedoms guaranteed by the European Convention on Human Rights and its Protocols. Moreover, Protocol No. 14, which was intended to alleviate the problem by - creasing the efficiency of the Court, is still not in force. This publication is intended to contribute to the ongoing discussion about the reforms that are necessary to prevent a failure of the Eu- pean system of human rights protection. It compiles the contributions of a workshop which took place on 17-18 December 2007 at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and the discussions following the presentations. The c- vening of this workshop was recommended by Christian Tomuschat. The conference brought together academics and practitioners and thus offered an excellent opportunity for the discussion of possible - proaches to the dilemma.

Religion in the Public Sphere A Comparative Analysis of German Israeli American and International Law

Author: Winfried Brugger
Publisher: Springer Science & Business Media
ISBN: 3540733558
Format: PDF, Mobi
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How closely correlated should church and state be? May a state recognize or dignify the role and meaning of religion at all, and if so can it treat different religious groups differently? This book intends to answer these questions through a portrayal and comparison of various legal orders including those of Germany, Israel, France and the USA. Some authors consider the issue of “church and state” from an international law perspective. The analyses are structured from both a state-institutional as well as from a fundamental rights and human rights perspective. Here the religious and secular freedoms are brought into focus. Whether, and how, these church-and-state aspects vary within divergent modern state contexts – and how they transnationally evolve – is also discussed.

Solidarity A Structural Principle of International Law

Author: Rudiger Wolfrum
Publisher: Springer Science & Business Media
ISBN: 3642111777
Format: PDF, Mobi
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This volume presents a high-level scholarly discussion on whether the concept of solidarity functions as a structural principle of international law and to what extent it has become a full-fledged legal principle. Each contributor addresses these questions by examining normative operations of the principle of solidarity in different branches of international law – including international disaster law, international humanitarian law, the law of development cooperation and international environmental law – as well as the relationship between the principle of solidarity and other legal principles such as the responsibility to protect and intergenerational equity.

Status and Treatment of Deserters in International Armed Conflicts

Author: Heike Niebergall-Lackner
Publisher: BRILL
ISBN: 9004308849
Format: PDF, Mobi
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The study examines the treatment and protection provided to deserters under human rights law, international humanitarian law and refugee law in international armed conflicts. These questions are discussed in view of the legal duties of soldiers and their criminal responsibility under international law.

Leibniz and the Kabbalah

Author: A.P. Coudert
Publisher: Springer Science & Business Media
ISBN: 9780792331148
Format: PDF, Mobi
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The general view of scholars is that the Kabbalah had no meaningful influence on Leibniz's thought. } But on the basis of new evidence I am convinced that the question must be reopened. The Kabbalah did influence Leibniz, and a recognition of this will lead to both a better understanding of the supposed "quirkiness,,2 of Leibniz's philosophy and an appreciation ofthe Kabbalah as an integral but hitherto ignored factor in the emergence of the modem secular and scientifically oriented world. During the past twenty years there has been increasing willingness to recognize the important ways in which mystical and occult thinking contributed to the development of science and the emergence 3 of toleration. However, the Kabbalah, particularly the Lurianic Kabbalah with its monistic vitalism and optimistic philosophy of perfectionism and universal salvation, has not yet been integrated into the new historiography, although it richly deserves to be. On the basis of manuscripts in libraries at Hanover and Wolfenbiittel, it is clear that Leibniz's relationship with Francis Mercury van Helmont (1614- 1698) and Christian Knorr von Rosenroth (1636-1689), the two leading Christian Kabbalists of the period, was much closer than previously imagined and that his direct knowledge of their writings, especially the collection of 4 kabbalistic texts they published in the Kabbala Denudata, was far more detailed than most scholars have realized. During 1688 Leibniz spent more than a month at Sulzbach with von Rosenroth.

Yearbook of International Sports Arbitration 2016

Author: Antoine Duval
Publisher: Springer
ISBN: 9462652376
Format: PDF, Mobi
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The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of arbitration for Sport (CAS) and national courts in 2016. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the year by the CAS and national courts. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

The Company Legal Department

Author: Walter Kolvenbach
Publisher: Springer Science & Business Media
ISBN: 9401744858
Format: PDF, ePub, Docs
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This study attempts to describe the role of the company law department within the company, its relation to company management and the employees who use the services of the company lawyers. It, furthermore, tries to explain that the legal advice is only one part of the operation of a legal department in a business enterprise. Other important aspects are the legal costs, organiza tional questions and coordination problems within the department as well as the relationship of the company legal department with the other departments in the enterprise and, last but not least, the relationship between house counsel and outside counsel. The increasing volume of legislation and regulations in all industrialized -countries resulted in an increase in the number of company legal departments and company lawyers. All large companies now have their own company legal department. Therefore, it seems appropriate to attempt to describe some aspects relating to this part of the legal profession, which is relatively new, and which has developed differently from country to country. The position of the company counsel and his relationship with the company and its em ployees, his professional background and his relationship with the Bar are important subjects which require further study.