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This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .
The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law...
This book is about whether or not great works of art should be returned.
The Anglican Bishop George Bell (of Chichester) and the General Secretary of the World Council of Churches, Willem A. Visser’t Hooft (of Geneva) exchanged hundreds of letters between 1938 and 1958. The correspondence, reproduced and commented upon here, mirrors the efforts made across the ecumenical movement to unite the Christian churches and also to come to terms with an age of international crisis and conflict. In these first decades of the World Council, it was widely felt that the Church could make a noteworthy contribution to the mitigation of political tensions all over the world. That’s why Bell and Visser’t Hooft talked not only to bishops and the clergy, but also to the prime ministers and presidents of many countries. They raised their voices in memoranda and published their public letters in important newspapers. This was the World Council’s most successful period.
Modern/Postmodern: Society, Philosophy, Literature offers new definitions of modernism and postmodernism by presenting an original theoretical system of thought that explains the differences between these two key movements. Taking a contrastive approach, Peter V. Zima identifies three key concepts in the relationship between modernism and postmodernism - ambiguity, ambivalence and indifference. Zima defines modernism and postmodernism as problematics, as opposed to aesthetics, stylistics or ideologies. Unlike modernism, which is grounded in an increasing ambivalence towards social norms and values, postmodernity is presented as an era of indifference, i.e. of interchangeable norms, values and perspectives. Taking an historical, interdisciplinary and intercultural approach that engages with Anglo-American and European debates, the book describes the transition from late modernist ambivalence to postmodern indifference in the contexts of philosophy, literature and sociology. This is the ideal guide to the relationship between modernism and postmodernism for students and scholars throughout the humanities.
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The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicia...
Intellectual property law faces the challenge of balancing the interests of right holders and users in the face of technological change and inequalities in information access. Concepts of Property in Intellectual Property Law offers a collection of essays which reflect on the interaction between intellectual property and broader, more traditional, notions of property. It explores the way in which differing interpretations of the concept of property can affect the scope of protection in the law of copyright, patent, trade marks and confidential information. With contributions from leading and emerging scholars from a variety of jurisdictions, the book demonstrates how concepts of property can assist in shaping a conceptually coherent and balanced response to the challenges faced by intellectual property law.
Based on the study of the Old Bridge of Mostar, this book concerns the adequacy of the international humanitarian law regime relating to the targeting and destruction of immovable cultural property in armed conflict at both normative and enforcement level.