The Third Way

Author: Cyrille J.C.F. Fijnaut
Publisher: BRILL
ISBN: 9004293191
Format: PDF, ePub
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What is sensible when it comes to developing and implementing a policy with regard to products which in the case of regular use are harmful, but which at the same time exert a strong attraction, even so strong that people (may) become dependent on or addicted to them? This question relates to many illicit drugs, but these days it is, both nationally and internationally, mainly related to the policy regarding the production, distribution and consumption of cannabis. Generally speaking, the legalization of cannabis in Uruguay and in some states of the United States of America, in particular Colorado and Washington State, has given a powerful impetus to the discussion about the cannabis policy. In the Netherlands, that discussion has become increasingly relevant over the past years because of the struggle of coffeeshop owners and political parties. This volume offers the first English-language analysis of the situation in the Netherlands in order to make a contribution to the international debate on this heated topic. Since the 1960s, the Dutch cannabis policy has been an important point of reference in the international discussion about the policy that should be pursued regarding the use of cannabis. However, in international and foreign literature about cannabis policy the developments in the Netherlands are often depicted in an incomplete or one-sided manner, which has a negative impact on the quality of the international debate about what has happened and what should happen now. This volume seeks to redress that imbalance.

Spanish Yearbook of International Law 2001 2002

Author: Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales
Publisher: Martinus Nijhoff Publishers
ISBN: 900413977X
Format: PDF, Kindle
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This Yearbook brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.

A Coherent European Procurement Law and Policy for the Space Sector

Author: Martin Faix
Publisher: LIT Verlag Münster
ISBN: 3643109113
Format: PDF, ePub
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Space is a matter of strategic importance and in need of concerted action by the European space actors. Distinct approaches to public procurement must not hamper the cooperation between the European Space Agency, the European Union and their respective Member States. The study provides a toolbox for space procurement that addresses specificities of this sector. Each tool is assessed in light of policy objectives, market conditions and the legal frameworks of the European Union and the European Space Agency. A discussion on selected means of policy implementation other than procurement, so-called Extra-Procurement Instruments, complements this toolbox. The Third Way in European space procurement caters for both coherence and flexibility needs and is intended to serve policy-makers as they finally make "Europe in Space" a reality.

An Equitable Framework for Humanitarian Intervention

Author: Ciarán Burke
Publisher: Bloomsbury Publishing
ISBN: 1782251278
Format: PDF, ePub, Docs
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This book aims to resolve the dilemma regarding whether armed intervention as a response to gross human rights violations is ever legally justified without Security Council authorisation. Thus far, international lawyers have been caught between giving a negative answer on the basis of the UN Charter's rules ('positivists'), and a 'turn to ethics', declaring intervention legitimate on moral grounds, while eschewing legal analysis ('moralists'). In this volume, a third solution is proposed. The idea is presented that many equitable principles may qualify as 'general principles of law recognised by civilised nations' - one of the three principal sources of international law (though a category that is often overlooked) - a conclusion based upon detailed research of both national legal systems and international law. These principles, having normative force in international law, are then used to craft an equitable framework for humanitarian intervention. It is argued that the dynamics of their operation allow them to interact with the Charter and customary law in order to fill gaps in the existing legal structure and soften the rigours of strict law in certain circumstances. It is posited that many of the moralists' arguments are justified, albeit based upon firm legal principles rather than ethical theory. The equitable framework proposed is designed to provide an answer to the question of how humanitarian intervention may be integrated into the legal realm. Certainly, this will not mean an end to controversies regarding concrete cases of humanitarian intervention. However, it will enable the framing of such controversies in legal terms, rather than as a choice between the law and morality. '...has potential to become one of the most important books in public international law of the decade, or in a generation'. Martin Scheinin, Professor of Public International Law, European University Institute, Florence

International Investment Law The Sources of Rights and Obligations

Author: Tarcisio Gazzini
Publisher: Martinus Nijhoff Publishers
ISBN: 9004214305
Format: PDF
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Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.

Tolerance Through Law

Author: Jens Woelk
Publisher: Martinus Nijhoff Publishers
ISBN: 9004163026
Format: PDF, Kindle
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The autonomous province of South Tyrol in Northern Italy is generally considered to be one of the most successful examples for the solution of ethnic conflicts. This book gives an analysis of the evolution of the legal instruments and institutions of self-government and minority protection through power-sharing as well as of the experience gathered during decades of the implementation of a "working economy." It thus provides insights regarding the state and the evolution of this specific case as well as for the general tendencies in the development of territorial autonomy and minority protection.

The Legal Culture of the European Court of Human Rights

Author: Nina-Louisa Arold
Publisher: Martinus Nijhoff Publishers
ISBN: 9004160671
Format: PDF, ePub, Mobi
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Without understanding the legal culture of the judges a full understanding of Strasbourg's rulings seems hardly possible. Through interviews, field observations and case law analysis, this book fills this need and offers a fresh approach towards convergence in Europe.

Asian Yearbook of International Law

Author: Ko Swan Sik
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041108722
Format: PDF, ePub
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The "Asian Yearbook of International Law" is the first publication dedicated primarily to international law as seen from an Asian perspective. It provides a forum for the publication of articles in the field of international law written by experts from the region, and also other articles relating to Asian topics. Its aim is twofold: to promote the dissemination of knowledge of international law in Asia and to provide an insight into Asian views and practices, which will be especially useful to a non-Asian readership. As a rule, each volume of the "Asian Yearbook" contains Articles, Notes, State Practice, a Chronicle of Events and Incidents, United Nations Activities with Special Relevance to Asia, a Survey of Activities of the Asian-African Legal Consultative Committee, a Bibliography and a Documents section.

Unlawful Territorial Situations in International Law

Author: Enrico Milano
Publisher: Martinus Nijhoff Publishers
ISBN: 9004149392
Format: PDF, ePub, Docs
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This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.