The transfer of criminal proceedings in the european union - michael lindemann - ebook (9789400111639)

Eleven international publishing

A transfer of criminal proceedings may take place between a judicial authority from one Member State and a judicial authority in another Member State when it is in the interest of a proper administration of justice that a criminal offence is further investigated and prosecuted in the second Member State. There was a general feeling among experts on judicial cooperation in the Member States that the current practice of transferring criminal proceedings could and should be improved. Researchers from the Erasmus University Rotterdam, together with the Amsterdam Public Prosecution Office, Bielefeld University and the Belgian Federal Prosecution Office took the initiative to start a a research project on the Transfer of criminal proceedings in the EU (TROP). The project was funded by the European Commission. This report contains the conclusions of the TROP research project. It outlines the current practice of transferring criminal proceedings in the EU, it identifies the main challenges experienced by practitioners and describes possible solutions to those challenges. These solutions were tested in multiple discussions between practitioners, academics and policy makers. During the TROP research project, it became clear that the European Commission would propose a new legislative instrument on the transfer of criminal proceedings in the near future. In the report, we tried to anticipate the content of such a proposal and the discussion in the Council and in the European Parliament. To this end, we have formulated our proposals for improving the transfer of proceedings as building blocks for a possible EU-legal instrument.

Walking the extra mile - rosa groen - ebook (9789051896817)

Eleven international publishing

It is August 26, 2015. A crucial day during the Conference of State Parties in Cancún, Mexico. 67 of the 69 member states of the Arms Trade Treaty vote for a location of the new Secretariat. Three candidate host states and their cities are bidding: Austria (Vienna), Switzerland (Geneva), and Trinidad and Tobago (Port of Spain). In the first round, Port of Spain wins with 32 votes, Geneva gets 21, and Vienna drops out with 14 votes. The second round, Geneva gets 35, scooping up all of Vienna's votes, and wins. What did Switzerland and Geneva do right? What did the others do wrong - if anything? This book is about how governance networks in host cities attract International Organizations (IOs), and about how and why they fail or succeed. Scholars in the field of governance and public policy often agree that better policy alignment and cooperation in networks increase the chances of success. Yet, the findings of this study contradict this. Considering the interests of IOs proves to be more important than having matters 'in order' internally.

Of swords and shields: due process and crime control in times of globalization - - ebook

Eleven international publishing

Effective cross-border pension information in the face of multi-level legal systems - s.p.m. kramer - ebook

Eleven international publishing

Concurrence in european private law - ruben de graaff - ebook (9789054546849)

Eleven international publishing

In the multi-level legal order, it is not unusual for a legal relationship between private parties to be governed by multiple Union rules on, for instance, non-discrimination, free movement, competition and the internal market more broadly. Nor is it uncommon that, on the face of it, national private law creates rights and duties as well. In such situations of concurrence, the question that arises is whether the interested party may elect the rule of his choice. Is he entitled to choose the rule which appears to him to be the most advantageous? This book offers a scheme of analysis by which this question can be debated and solved. Inspired by the experiences gained from examining several national systems of private law, the book starts from the premise that each rule, however founded, should be realised to the greatest possible extent. In principle, the existence of one rule does not, therefore, affect the scope of application of another rule. The book demonstrates that this principle also runs through the texts adopted by the Union legislature and through the judgments delivered by the Court of Justice of the European Union. It makes a clear case that in situations of concurrence, the substance of the rules should be decisive, and not merely their formal relationship. This is a volume in the series of the Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University. This study is part of the Law School's research programme 'Coherent Private Law'.

Comparative constitutional justice - matteo nicolini, silvia bagni - ebook (9789089749192)

Eleven international publishing

Comparative Constitutional Justice adopts an innovative approach to constitutional justice. From a methodological perspective, it assumes that it is impossible to apply an absolute criterion of classification, which depends on the purposes comparative scholars aim to achieve when delivering their own taxonomies. A broad definition of constitutional justice is adopted, which revolves around the following taxonomy: 1) the legality of norms, 2) the conformity of actors' behaviours with the distribution of sovereign powers and 3) the compliance with international covenants on human rights. This tripartite classification complements a further criterion based on the graduation in the intensity of this review. This indeed ranges from a minimum scrutiny limited to legislation ('nomocratic review') to a maximum scrutiny encompassing all state activities ('pantocratic review'). The proposed classification will provide readers with a critical toolbox when it comes to examining the pluralism which characterises the systems of constitutional adjudication around the world.

Illegal waste management activity in the process of bunker fuel production - giulia giardi - ebook

Eleven international publishing

Toolkit mediation - m.a. schonewille - ebook

Eleven international publishing

Criminal behavior and accountability of artificial intelligence systems - a. giannini - ebook

Eleven international publishing

Crimmigration and the return directive - a. pahladsingh - ebook

Eleven international publishing

The 800-pound gorilla. limits to group structures and asset partitioning in insolvency - a.l. jonkers - ebook (9789462746442)

Eleven international publishing

'Limits to Group Structures and Asset Partitioning in Insolvency: The 800-pound gorilla' was the theme of the 2018 annual meeting of the NACIIL. This theme encompasses two related topics at the intersection of corporate law and insolvency law:(1) the artificial subdivision of enterprises over different legal entities (asset partitioning) and (2) selective perforation by means of guarantees. Examples of strategic division of assets over group companies are attempts to actively suppress value by taking out key assets and placing these in separate legal entities, such as IP rights or crucial real estate. Another example is cutting up an enterprise in a loss making and profit making part. Selective perforation by means of guarantees concerns the wide spread phenomenon of cross guarantees in group structures and the ensuing benefits for certain creditors to the detriment of others. In the words of prof. W.H. Widen (US): “If secured lending presents fairness problems, the unsecured syndicated guarantee may be the 800-pound gorilla in the corner that goes unnoticed.” Both strategic division of assets and selective perforation by means of guarantees have a strong impact on the insolvency practice and the position of various stakeholders. Thus far these two topics have been under-theorized and their relevance has been underestimated, at least in the Netherlands. The reports prepared for the annual meeting and contained in this book provide a strong impulse for that debate. This book contains reports prepared by R. Squire (US), prof. J. Vananroye, A. van Hoe and G. Lindemans (Belgium), a report by prof. F.M.J. Verstijlen and A. Karapetian (RUG, Netherlands) and a report by A.L. Jonkers (UvA, Netherlands).

The abstract police - ebook (9789051892086)

Eleven international publishing

Over the past ten to fifteen years the police in many Western European countries have undergone a series of profound organisational changes. The police now appear to operate at a greater distance from citizens, they are more impersonal and decontextualized and have become more dependent on digitalised data systems. These changes are captured through the concept of the 'abstract police' and in this international collection of essays, leading policing scholars use this concept to make sense of contemporary changes to police organisations. Drawing on empirical evidence from a wide range of policing contexts, the individual chapters address major questions about current developments in policing: How are police organisations being shaped by the social, cultural, technological and political contexts in which they operate? How does the concept of the abstract police help understanding of the complex interplay between change and continuity in policing? Is the emergence of an abstract police the unintended outcome of processes of rationalization or a deliberate response to the new complexities of late modernity?

The quest for complex policy - hans joosse - ebook (9789051894509)

Eleven international publishing

Governments often present societal problems simpler than they are. In public policy, problems are bound, extracted from their context, and provided with one-dimensional solutions. As demonstrated in this book, 'criminal youth groups' must be imprisoned, and the municipal transport service must get passengers from A to B as quickly as possible. Because of these simplifi cations, policy becomes superfi cial, often with disappointing results. This book searches for an alternative policy orientation that accommodates the entanglement and multi-dimensionality of societal problems in public policy. Using philosophical refl ections, Public Administration literature and three in-depth case studies, the author shows how 'complex policy' better fi ts the late-modern society and produces innovative and rich results. He also analyses the tensions of complexifying policy in an organisational context of institutionalised simplicity. Simplifi cation reflexes threaten the space for and results of complexifi cation. Policymakers should be ambidextrous: accommodating complexity in public policy while being responsive to the institutional need for simplicity.

Nuclear weapons - ebook (9789462743908)

Eleven international publishing

This book contains an up-to-date analysis on the legal aspects of nuclear non-proliferation and disarmament. It scrutinizes the effectiveness, the limits, the adaptation, and the future challenges of the regime on the control of nuclear weapons which is still based on the 1968 Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and supported by the IAEA controls. It also deals with new challenges to the non-proliferation legal order deriving mainly from new nuclear weapon states, the North Korean withdrawal from the NPT, the Iranian nuclear programs, activities of non-state actors, the easier access of states and other entities to sensitive materials, the still remote entry into force of the Comprehensive Test Ban Treaty and the debate on a fissile material cut-off treaty. As nuclear proliferation and disarmament are among the main threats to international peace and security, this publication is also of interest outside the circle of academics and practitioners in the field.

Terrorism and the economy - ebook (9789462743694)

Eleven international publishing

This unique anthology provides insight into the dynamics that shape the relationship between terrorism and the economy. The economic base of the Islamic State is addressed as well as its impacts on the economies of Syria and Iraq. Further contributions focus on the stock market and the tourism industry as these branches are most affected by terrorism and political violence. The book presents several case studies from around the globe which acknowledge the specific similarities and differences of terrorist activity in individual countries or conflict settings. By uniting the work of established scholars, practitioners, and young contributors, the book explores and explains a wide range of economic impacts of terrorism. Thereby, the authors provide guidance for the assessment of potential impacts.

Negotiated settlements for corruption offences - ebook (9789462741157)

Eleven international publishing

EU Member States must continually review their anti-corruption policy and regulation to ensure that they provide effective, proportionate and dissuasive criminal penalties to protect the financial interests of the EU. Best practices from other countries can provide guidance. The US practice of negotiated settlements for corruption offences has proven to be of growing importance and the spread of such settlements as a mechanism for anti-corruption enforcement in other countries raises the question of how the EU should respond to this development. Do negotiated settlements align with the particular character of European criminal law enforcement systems? What socio-economic, political or legal factors affect the use of negotiated settlements in Europe? National rapporteurs and experts considered such questions in order to evaluate the practice of negotiated settlements from a European perspective at a 2014 seminar on Negotiated Settlements for Corruption Offences: A European Perspective sponsored by the European Anti-Fraud Office and The Hague University of Applied Sciences. Their findings are presented here in this volume. Contributing national rapporteurs are Alan Bacarese, Paola Mariani, Arkadiusz Matusiak, Anna Oehmichen, Maud Perdriel-Vaissière, Claes Sandgren, Gerben Smid, Tina Søreide, Karolina Stawicka and Karin van Wingerde. Paul Arlman, Hans de Doelder, Jan Eijsbouts, Sharon Oded and Jaap de Zwaan provided expert opinions.

The law & economics of buyer power in eu competition policy - frederik van doorn - ebook (9789462743052)

Eleven international publishing

The trend of retail concentration across the European Union has raised concerns on the buyer power that retailers may have in the relation with their suppliers. Following calls that the changing nature of competition demands a change in EU competition policy, this book investigates whether there is a 'gap' in current EU competition law concerning the potential harmful effects of buyer power from an economic efficiency perspective. Using a Law and Economics approach, the author identifies the potential concerns and assesses whether they can be addressed under the existing rules. While some critical comments are in place with regard to the consumer welfare standard that is applied, the author's analysis does not indicate that the current substantive legal framework of EU competition law is unfit to address the (potential) harmful effects of buyer power.

Remedies for human rights violations by the european union - alexis antoniades - ebook (9789051894530)

Eleven international publishing

Where EU action affects the legal or factual situation of an individual, guarantees for the affected person's rights must exist. If rights have been violated, a remedy must be provided. This book examines how the EU may be held accountable for violations of human rights through procedures and remedies available to the individual applicant, within the EU's legal system and beyond. The first Part of the book highlights the significant challenges in the process of claiming remedies for human rights violations committed by the EU. Part II examines the increasing significance of the remedy provided by the principle of non-contractual liability in the framework of EU human rights law. Part III goes a step beyond and examines potential remedies in the sphere of international law, both as an alternative to the EU's legal system and additional protection. The book contains a comprehensive analysis of substantial and procedural, EU and international, law. It is a detailed and informed handbook for students, academics and practitioners alike.

Choosing sharia? - machteld zee - ebook (9789462744479)

Eleven international publishing

Proponents of multiculturalism do not usually subscribe to Islamist goals. Yet, across Europe, these are being furthered. Sharia councils are deeply at odds with Western moral and legal principles of equality, freedom and justice. But high-profile multiculturalists tend to present a romanticised view of these councils, which obscures both the ideology that motivates them and their practical consequences. Are Sharia councils a legitimate expression of the longing for identity, as multiculturalists claim? What do Islamists really want? And why do multiculturalists find it so difficult to counter their claims? Choosing Sharia? explores the implications of multiculturalism and Islamic fundamentalism. It provides a vivid account of what really goes on inside Sharia councils, and discusses the challenges they pose to liberal democracy. With impressive clarity, this vitally important book offers insight into two ideologies crucial to Europe's future.

Distress dynamics in bankruptcy - jochem m. hummelen - ebook (9789462744349)

Eleven international publishing

A change in the dynamics of bankruptcy procedures is taking place in the Netherlands and United States. In the Netherlands, the opening of a bankruptcy procedure traditionally leads to the sale of the assets of the debtor and a distribution of the proceeds among creditors. In recent years, however, there has been increased attention for reform of Dutch bankruptcy law as to enhance its reorganizational possibilities and enable the saving of viable businesses. In the United States a trend in the opposite direction can be seen. Bankruptcy law of this country has traditionally been known for its reorganizational possibilities, but in recent years there has been a marked increase in asset sales and efforts have been undertaken to limit the abilities to rescue any businesses. These changed dynamics warrant a fundamental discussion about bankruptcy law. Not every business in trouble should be liquidated, but not every business in trouble should be saved either. Rather, the challenge is to ensure that if a business enters bankruptcy, this bankruptcy leads to an efficient outcome by formulating the right rules. This book aims to formulate these rules.

Eu cross-border insolvency court-to-court cooperation principles - ebook (9789462743502)

Eleven international publishing

This publication contains a set of 26 EU Cross-Border Insolvency Court-to-Court Cooperation Principles ('EU JudgeCo Principles') and 18 EU Cross-Border Insolvency Court-to-Court Communications Guidelines ('EU JudgeCo Guidelines'). These EU JudgeCo Principles will strengthen efficient and effective communication between courts in EU Member States in insolvency cases with cross-border effects. They have been produced in a period of two years (2013-2014), developed by a team of scholars of Leiden Law School and Nottingham Law School, in collaboration with some 50 experts, including 25 judges representing just as many different EU countries. The principles are set in EU stone, in that they especially function within the framework of the EU Insolvency Regulation. The texts have been aligned with the text of the recast of the Regulation, as published early December 2014. The EU JudgeCo Principles try to overcome present obstacles for courts in EU Member States such as formalistic and detailed national procedural law, concerns about a judge's impartiality, uneasiness with the use of certain legal concepts and terms, and, evidently, language. The texts further build on existing experience and tested resources, especially in cross-border cases in North America, but tailor-made into an EU insolvency law context. These Principles include a set of very practical EU JudgeCo Guidelines to facilitate communications in individual cross-border cases. The project was funded by the European Union and the International Insolvency Institute (III) (www.iiiglobal.org) and we thank both sponsors for their continued support.

Transfer of land rights in ethiopia - daniel behailu gebreamanuel - ebook (9789462742543)

Eleven international publishing

Land rights in general and transferability of land rights in particular have been a mind boggling subject for intellectuals, donors, and politicians in Ethiopia. The question of land and the rights attached to it has been a cause for political turbulence and instability in the nation as well. It is important to study the challenges of land policies pursued by successive regimes and the historical evolutionary course leading to the current land policy. The deadlocks on land policy issues in Ethiopia might superficially seem to hinge on preferences of which land governance system or legal regime must the nation adopt or adapt. However, land issues in Ethiopia are more than economic factors or principles of efficiency and preference of ownership systems This book explores the limitations of the current land system in Ethiopia, by assessing and analyzing the laws and policies pertaining to land and transferability of rights over land. This includes an evaluation of existing legislation against the background of the history of land use in Ethiopia and ensuing political struggles.

Freedom and its enemies 9 - ebook (9789462743793)

Eleven international publishing

Contemporary Western constitutional systems promised a liberty-based political and social order. Yet over time,liberty has turned into a self-destructive force, as rights claims have been increasingly advanced not to defend negative liberties, but to demand positive action from governments to promote freedom or righteous causes.Freedom and Its Enemies reflects on the demise of liberty from the perspective of political practice and through the lenses of political theory, constitutional law and human rights. The authors contemplate key problems from the broader perspective of constitutionalism and liberty, address the tension between liberty and dignity, and bring case studies on particularly challenging issues to the discussion.The sheer depth and richness of the contributions in this collection make this volume a useful roadmap for a much needed dialogue.

Disentangling an invisible trade - tessa verhallen - ebook (9789462743441)

Eleven international publishing

This book sheds light on the interactional and institutional processes through which child welfare and child protection practices are delivered to fifteen Dutch and fifteen Dutch-Curaçaoan single-mother families with multiple problems in the Netherlands in order to assess structures of power, dominance and oppression. It is important to 'Disentangle an invisible trade', because state intervention practices remain largely 'invisible' from the public gaze.The author draws on a thirty-month ethnographic study, undertaken with the single-mother families between 2009 and 2012, in order to demonstrate how state interventions are carried out in these families. Using the empirically grounded theory of Agar (1985) on institutional discourse, the book addresses the question of how state interventions are shaped by institutional discourse and power asymmetries in encounters between single-mother families with multiple problems and state representatives.The different chapters of the book aim to unravel the 'invisible trade'phenomena step-by-step, descending from the macro-level via the meso and micro- to the ego-level. It does so through the combined ethnographic critical discourse analytical framework, which the author has developed for the analysis of empirical data upon which the chapters are drawn. All four levels together make transparent how institutional discourse is (re)produced and constituted within sites of a larger system, which is influenced by power asymmetries.

Tectonic shifts of european integration - santino lo bianco - ebook (9789462743601)

Eleven international publishing

This study seeks to understand how European integration works. It examines the gradual, unobtrusive changes that happen in the daily flurry of decision-making activity in the European Union (EU). Specifically, it identifies and explains occurrences of change in the EU's police and justice cooperation. The study thereby captures the EU as an evolving polity where - in view of its institutionally dense environment - interests of a multitude of parties interacting on routine basis are more likely to intermesh, rather than compete. On the basis of three case studies, involving discourse analysis of policy documents and interviews with people from the professional field, the study seeks to capture instances where actors under given circumstances engage in deliberative discourse which induces them to shift or change their interests towards a common understanding that provides the basis for a policy outcome. The basic finding is that when arguments carry the day, negotiating parties are less inclined to take recourse to interstate or 'intergovernmental' tactics that would enable them to maximize their own national interests. One of the implications of the study's findings is that we need to re-evaluate the generalisation that the EU is being mould and made only through interstate bargaining politics, even in policy areas where the paradigms of national statehood and sovereignty are well-established (such as justice and home affairs). It also means that the scope for member state action to shape EU policy on an individual basis is quite limited and that it is contingent on a wide variety of conditions operating at the day-to-day level of EU decision making.

Aviation code of the russian federation - heiko van schyndel - ebook (9789462740884)

Eleven international publishing

This book contains the updated English translation and the current official Russian text of the Aviation Code of the Russian Federation. For a better understanding of the Act, an introduction has been added, setting out the history of the Aviation Code and its ramifications. An outline of the Code is given and an account of other Russian Federation legislation covering the field of aviation law. The aim of this book is to assist in presenting and clarifying the applicable aviation law inthe Russian Federation by providing a professional English translation of the Russian Aviation Code. The book is a welcome addition to the literature in the field and should be of interest to anyone dealing with aviation law.

Contractual control in the supply chain - louise vytopil - ebook (9789462743618)

Eleven international publishing

Disasters such as the Rana Plaza factory collapse in 2013 have raised legal questions in respect of the role and responsibility of multinational corporations in respect of their supply chains. This book addresses these questions by focusing on the extent of legal responsibility and liability for corporate social responsibility (“CSR”) violations in the supply chains of MNCs in the Netherlands, England and California (United States). It provides an overview of the legal measures a limited number of participating multinationals take in practice, in order to govern their supply chains in terms of CSR. It qualifies these instruments in terms of private law. Moreover, it discusses to what extent multinational corporations can be held liable for CSR violations in their supply chains on a number of legal bases. In identifying the measures that the participating MNCs have taken to govern their supply chain, this research provides valuable insights into those companies that aim to improve the CSR performance in their supply chains and take measures accordingly. Furthermore, it answers the crucial question of what legal impact these measures may have for MNCs, if those measures are not lived up to in practice.

Overarching views of crime and deviancy - ebook (9789462744387)

Eleven international publishing

On October 1st 1934 Willem P.J. Pompe (1893-1968), Professor of Criminal Law at Utrecht University between 1928 and 1963, founded the 'Criminological Institute' (Criminologisch Instituut) within the Faculty of Law of Utrecht University. Pompe initiated a rather influential academic movement, based on multidisciplinary cooperation between jurists, criminologists and psychiatrists. This academic movement is commonly referred to as 'the Utrecht School', which had its heyday in the 1950s. In 1974 - forty years after its formation - the Institute was renamed after its founder: the Willem Pompe Instituut voor Strafrechtswetenschappen. And another forty years later, in 2014, the Institute celebrated its eightieth anniversary. This book is written with the aim of adding lustre to this festive occasion. The central theme chosen for this collection of chapters is crossborder research in the fields of criminal law, penitentiary law, criminology, and forensic psychology and psychiatry. Besides a prologue and a postscript, the book contains twenty-three chapters, clustered in five parts. This first part consists of contributions that primarily address the history and research tradition of the Institute. Parts two to five each contain a number of contributions that represent the current state of the research activities at the Institute, and cover a variety of contemporary issues in, respectively, general criminal law and criminal procedure, in regulatory criminal law, European criminal law, juvenile criminal law, and penitentiary law, in forensic psychology and psychiatry, and in criminology.

Preventing money laundering - melissa van den broek - ebook (9789462743366)

Eleven international publishing

Money laundering is criminalised virtually all around the world and has been a law enforcement priority since the early 1990s. The international nature of money laundering, combined with estimations on the scope and the distorting effects it may bring about, make it a grave danger to national and international financial markets. At the same time monehy laundering is considred to be a danger to society due to its strong interaction with organised drugs and white-collar crime. Over the years a 'stwin-track approach'shas been developed, aiming at the prevention of money laundering on the one hand, and punishing the money launderers on the other. This book analyses the effectiveness of the anti-money laundering supervision of banks, real estate agents and accountants in the Netherlands, Spain, Sweden and the United Kingdom. It thoroughly analyses the legislation, the institutional settings and competences of anti-money laundering supervisors, as well as the application of these competences in practice. Based on this analysis, a number of recommendations for the EU legislators and the national legislators are formulated in order to strengthen and increase the effectiveness of anti-money laundering supervision.

In search of scientific excellence - frans van den beemt, peter de zoete - ebook

Eleven international publishing

Understanding kinship care of children in africa - usang maria assim - ebook (9789462741782)

Eleven international publishing

The Comparative African Legal Studies series aims to profile research in the fields of children, youth, families, gender, disability, education and socio-economic rights. It focuses on contemporary issues in African development, with human rights as a backdrop. In an era in which growing numbers of children face orphanhood, this book could not be more relevant. It explores the legal and human rights dimensions of kinship care, the preferred alternative to parental care in the African context. With increasing debates and controversies around child care forms such as foster care, and the ever-growing need for State support, it becomes critical to determine whether kinship care is indeed alternative care or not. The author offers a unique coverage of the subject matter in a manner that is sophisticated, well informed and balanced.

Arranging resilience - william stephens - ebook (9789051891744)

Eleven international publishing

Increasingly, teachers, youth workers, and social workers are being called on to 'build resilience to radicalisation'. But, what does this actually mean? What is resilience to radicalisation, how can it be built, and whose role is it? Drawing on an interdisciplinary analysis of policies and the perspectives of practitioners themselves, this book offers a fresh look at these questions. Through unpacking different ways of thinking about resilience to radicalisation, this book aims to bring clarity to some of the key issues and debates involved. The book navigates between important critiques of resilience and the need for a practical and legitimate response to the challenge of extremism. Finally, it suggests a way forward for those grappling with this issue.

The status of children arising from inter-country surrogacy arrangements - michael wells-greco - ebook (9789462744110)

Eleven international publishing

Through a comparative review of eight legal systems, this book examines the legal aspects of parenthood and nationality following inter-country surrogacy arrangements and the influence of European and international human rights law on the determination of parentage, the establishment of nationality and the prevention of statelessness as well as identity rights, continuation of relationship rights and, more broadly, child protection. This research considers whether national laws on parenthood and the establishment of nationality sufficiently protect the interests of surrogate-born children and the parties to a surrogacy arrangement in accordance with identifiable standards under European and international human rights law. Soft law and hard law recommendations are provided to protect the interests of these children.

Sukuk structures - omar salah - ebook (9789462740013)

Eleven international publishing

This book is the first to set out how sukuk transactions can be structured under Dutch private law and covers the Islamic and Dutch legal issues involved. The author explains the fundamentals of Islamic finance and analyses Islamic contract, property, corporate and finance law. He describes how Islamic finance principles such as riba (in short: prohibition on interest) and gharar (avoidance of contractual uncertainty) have contributed to the development of Islamic finance contracts. The author examines the legal structure of sukuk transactions and the applicable Islamic finance rules. He then scrutinises three main sukuk transactions (the sukuk al-musharaka, the sukuk al-murabaha and the sukuk al-ijarah) under Dutch private law, mainly focussing on Dutch contract, property, insolvency and corporate law. The author concludes that there are no legal obstacles to introducing Islamic finance in the Netherlands. This work is of interest to academics and practitioners in the field of banking and finance law.

Constitutional review and democracy - horacio spector - ebook (9789462742055)

Eleven international publishing

This volume is a follow-up to the conference 'Constitutional Review and Democracy' organized from 24 to 25 November 2013 at the Faculty of Law, University of Belgrade. The conference was convened as part of the ongoing project 'Constitutionalism and Rule of Law in the Nation-State Building - the Case of Serbia'. The aim of this volume is to shed new light on the complex relation between democracy and judicial review of constitutionality. The book starts off with some general and theoretical aspects of the debate. The second part discusses constitutional review in the European transnational setting, while the third part explores the dynamics between parliaments and highest courts in constitutional democracies without the formalized constitutional review. Finally, the book addresses the role of constitutional review in the processes of democratic transition and consolidation.

State-building, lawmaking, and criminal justice in afghanistan - n. amin - ebook

Eleven international publishing

Dynamics of solidarity - dina siegel - ebook (9789462740075)

Eleven international publishing

'This study, carried out by an experienced and creative researcher, contains many surprising findings and enriches the existing literature on migration and social cohesion. The value of this book lies in its ability to reveal different realities: things are not always what they seem! ' - Henk van de Bunt, Emeritus Professor of Criminology, Erasmus University Rotterdam. From 2015 to 2017, thousands of migrants fleeing war and poverty arrived on the shores of the Greek island of Lesbos. Now known as the 'refugee crisis', this historic event had a huge impact on the everyday lives of the local residents. The people of Lesbos were left to deal with the newcomers, without support or adequate information from either local or EU authorities with regard to the scale and 'urgency' of the situation. Based on ethnographic research on Lesbos, including participant observation and interviews with a wide range of actors and stakeholders, this book provides an in-depth analysis of the role of NGOs, EU law enforcement, local authorities, businessmen, migrants and local residents in creating and perpetuating the 'migration problem'. This study analyzes the dynamics of solidarity on the island. The early days of the crisis were characterized by euphoria and a warm-hearted welcome that led to the islanders being nominated for the Nobel Peace Prize. Somewhere along the line, this initial enthusiasm turned into disappointment and indifference. What happened to solidarity on Lesbos? Is there anything left of it? Dina Siegel is a Professor of Criminology at the Willem Pompe Institute for Criminal Law and Criminology at Utrecht University, the Netherlands. She received her PhD in cultural anthropology at the VU University, Amsterdam. She has published on migration, crimes of mobility, human trafficking and smuggling, transnational organized crime, Russian mafia, the role of women in organized crime, crime in the diamond industry and green criminology.

Innovative approaches to public governance for the urban age - ebook (9789462744011)

Eleven international publishing

Already more than half of the world population is living in large cities. The World Bank has stated that the growth of (mega) cities is immense; some African cities are growing more than 10% in population annually. That is without a doubt the highest percentage ever recorded. What does this mean in terms of public service delivery? What consequences do these densities have for government? How do governments balance equity and equality in these cities? What are the investments needed to ensure a balanced community? How can planning and delivery on the scale of these cities or (mega) city regions cope with challenges and tensions between the realms of people, planet and profit? These questions were the central theme of the 14th International Winelands Conference of the School of Public Leadership of the University of Stellenbosch. The conference produced a great variety of papers and discussions which are bundled in this volume. It presents a comprehensive view of the relation between governance, urbanization and the complexity of the issues at stake.

The presumption of non-conformity in european consumer sales law - karolina sikorksa - ebook (9789462742703)

Eleven international publishing

This book analyses the allocation of the burden of proof in consumer sale cases, in particular the application of the presumption of non-conformity designed to simplify the consumer's duty to supply evidence. It provides detailed information on the notion of non-conformity as found in the Consumer Sales Directive and implemented in Poland, Germany, England and Wales, and the Netherlands and presents a comprehensive analysis of the presumption of non-conformity. The author clarifies whether the presumption of non-conformity constitutes an appropriate tool for simplifying the burden of proof lying with the consumer and whether it provides for a high level of consumer protection necessary for the better functioning of the European Internal Mar

Blaming the addicted brain - anna elisabeth goldberg - ebook (9789051896756)

Eleven international publishing

Addiction is pervasively present within the criminal justice sector, resulting in legal professionals regularly dealing with addicted defendants. Yet addiction is a complex and heterogeneous phenomenon, resulting in controversies regarding its conceptualisation, and thus diffi culties in addressing addiction-related crime in court. Over the last decades, addiction has increasingly been conceptualised as a brain disease, which arguably could alter the law's current approach towards the criminal liability of addicted defendants. In this book, an overview of the different ways of conceptualising addiction is provided, before applying this knowledge onto both the legal framework of Dutch criminal law, and to more universal legal concepts. As such, the compatibility of concepts such as intent, premeditation, insanity, diminished responsibility and prior fault, with potentially impaired capacities stemming from addiction, is critically examined. After assessing the 'law in the books', the second half of the book contains an evaluation of the 'law in action'. This encompasses the role of addiction in case fi les, the presence of neuroscientific information in cases of addicted defendants, its infl uence on legal decision-making, and experiential accounts of legal professionals. Combining normative, comparative and experimental designs, the author does not only analyse some of the complexities of addiction in the context of criminal justice, but also contributes to the growing practice of interdisciplinary and empirical (neuro)legal research. Anna Elisabeth Goldberg received her BA degree consisting of a mix of social sciences at University College Maastricht before obtaining her MSc in Forensic Psychology at Maastricht University. Between 2017 and 2021, she carried out her PhD research at the department of Criminal Law and Criminology of the Faculty of Law at the same university. She is currently working as an assistant professor at the Vrije Universiteit Amsterdam.