Precautionary Rights And Duties of States

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Author: Arie Trouwborst

Publisher: BRILL

ISBN: 9004152121

Category: Law

Page: 351

View: 3425

This work makes clear what it means that the precautionary principle represents customary international law. Through the analysis of state practice regarding this principle of international environmental law, it answers crucial questions concerning the conditions triggering a right or duty to take precautionary action; the nature and content of such action; the issue areas to which the principle applies; the allocation of the burden of proof; and the role of socio-economic factors. Ultimately, it details what it takes to act in conformity with the precautionary principle under general international law.

The Eclipse of the Legality Principle in the European Union

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Author: Sacha Prechal

Publisher: Kluwer Law International

ISBN: 9041132627

Category: Law

Page: 312

View: 490

Legality is a traditional normative concept to regulate the relationship between those in power and those subjected to that power. The principle of legality protects the citizen against the arbitrary use of power, or, more precisely, it demands a legal basis (which itself must be of a certain standard) to legitimize State action. Is legality under siege in Europe? The authors contributing to this provocative and important book answer this question in the affirmative. Twenty-one outstanding European legal scholars expose a spectrum of ways in which the traditional legality principle is under pressure because of the creation of new legal orders, including that of the EU, and the interaction between these new orders and that of the State, combined with such factors as expertise driven governance, difficulties of international organizations to meet their objectives due to a lack of adequate powers, and lack of parliamentary control. The question of whether the main functions of legality - legitimating, attributing and regulating the exercise of public authority - are still fulfilled in the context of the overlapping, interacting, and mutually dependent legal orders of the EU, the ECHR, and the Member States is at the background of all the essays in this volume. Recognizing that legality, if it is to survive, demands rigorous reconsideration of its scope and application, the authors interrogate not only such fundamental democratic issues as who has legitimate power to perform legislative acts and through these to exercise of public power over citizens, but also such urgent European problems as the following: ; the use of the precautionary principle in EU decision-making; the scope of the principle that the exercise of public authority must rest on an act of Parliament; the extent to which the EU can provide a legal basis for action of Member State authorities in the absence of such a basis within Member State legal orders; the constitutional position of independent 'regulators'; the requirements that ECJ and ECHR case law impose on the exercise of public authority; whether legislative results are coherent in the sensitive area of equal treatment; transparency, legal certainty, enforceability, and implementation of EC Directives in the field of workers' involvement; new instruments as the Open Method of Coordination and the involvement of social partners in decision-making; the de facto harmonization of national criminal justice systems; and the prominent role of the EU in the field of data protection. There can be little doubt that the issue of legality and to whom it applies - in a world in which the role of the modern State is changing profoundly - is a crucial one. It is highly important in the context of the ongoing discussion on the meaning of democracy and citizenship. This volume, with its clear message that reconsidering legality demands taking serious issue with the uncertainty engendered by the processes of globalization, will resonate profoundly among practitioners and policymakers in this time of momentous change.

Cumans and Tatars

Oriental Military in the Pre-Ottoman Balkans, 1185–1365

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Author: István Vásáry

Publisher: Cambridge University Press

ISBN: 9781139444088

Category: History

Page: N.A

View: 1686

The Cumans and the Tatars were nomadic warriors of the Eurasian steppe who exerted an enduring impact on the medieval Balkans. With this work, István Vásáry presents an extensive examination of their history from 1185 to 1365. The basic instrument of Cuman and Tatar political success was their military force, over which none of the Balkan warring factions could claim victory. As a consequence, groups of the Cumans and the Tatars settled and mingled with the local population in various regions of the Balkans. The Cumans were the founders of three successive Bulgarian dynasties (Asenids, Terterids and Shishmanids) and the Wallachian dynasty (Basarabids). They also played an active role in Byzantium, Hungary and Serbia, with Cuman immigrants being integrated into each country's elite. This book also demonstrates how the prevailing political anarchy in the Balkans in the thirteenth and fourteenth centuries made it ripe for the Ottoman conquest.

The Future of International Environmental Law

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Author: David Kenneth Leary,Balakrishna Pisupati

Publisher: United Nations University Press

ISBN: 9789280811926

Category: Law

Page: 335

View: 1414

Through a collection essays by leading scholars in international environmental law from around the world, this book explores the future of international environmental law in a world of ever worsening environmental crises. It examines the success stories and the failures of international environmental law and argues that future responses to global environmental crisis will be more about good environmental governance rather than just more treaties and laws. Environmental governance in future will need to accommodate the needs and aspirations of peoples from developed and developing countries alike and will have to be based on decisions and actions by a vast range of actors and stakeholders and not just the nation state that has traditionally dominated environmental diplomacy to date. In future this also suggests a need to be cognizant of the close links to other areas of international law including human rights.

From the Gracchi to Nero

a history of Rome from 133 B.C. to A.D. 68

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Author: Howard Hayes Scullard

Publisher: Methuen Publishing

ISBN: N.A

Category: Rome

Page: 484

View: 4726

The Law of Arms Control and the International Non-Proliferation Regime

Preventing the Spread of Nuclear Weapons

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Author: Tom Coppen

Publisher: BRILL

ISBN: 9004333355

Category: Law

Page: 386

View: 7022

This book analyzes the strengths, weaknesses, development and potential of the nuclear non-proliferation and disarmament regime, providing new insights on the role of public international law in a field as politicized as that of nuclear arms control.

Roman Theatres

An Architectural Study

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Author: Frank Sear

Publisher: Oxford University Press

ISBN: 0198144695

Category: Architecture

Page: 465

View: 942

This book is an up-to-date and comprehensive account of Roman theatre architecture. It contains information, plans, and photographs of every theatre in the Roman Empire for which there is archaeological evidence, together with a full analysis of how Roman theatres were designed, built, and paid for, and how theatres differ in different parts of the Roman Empire. It is lavishly illustrated with plans, text figures, photographs, and maps.

Multilateralism Under Challenge?

Power, International Order, and Structural Change

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Author: Edward Newman,Ramesh Chandra Thakur,John Tirman

Publisher: United Nations Univ

ISBN: 9789280811292

Category: Political Science

Page: 563

View: 6634

Carthage, Constantinople and Rome. Imperial and Papal Interventions in the Life of the Church in Byzantine Africa (533-698)

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Author: S. Adamiak

Publisher: Gregorian & Biblical Press

ISBN: 9788878393479

Category: Religion

Page: 194

View: 1235

The Byzantine period in North Africa was a point of convergence for three different conceptions of Church governance: the imperial administration was aiming to exercise full control over the ecclesiastical hierarchy, the popes were intent on treating African bishops as suffragans, whereas the bishops, them selves, were most eager to preserve the autonomous and conciliar character of their Church. Conflicts were also always in the offing as a result of deep theological differences: the African clergy was Latin speaking and very determined to defend strict Chalcedonian orthodoxy, whereas the emperors sometimes proposed more compromising solutions in the many Christological debates. Dramatic events, such as the Vandal and Berber wars, the Three Chapters quarrel, the Monothelete crisis and the Arab invasions, inevitably have been more prominent in the annals of history, however, the history of the Church in Byzantine Africa was written not only in the dust of galloping cavalry squadrons and in the clamor of mutual anathemas in Christological quarrels. The proceedings and canons of the councils, the exchange of and canons of the concils, the exange of letters with Rome and Constantinople, and imperial rescripts have provided us with some valuable insights into the everyday problems of the African Church, and especially into the concerns that preoccupied her higher clergy. We saw long disputes over episcopal precedence and arguments over the issue of clerical appeals. Questions concerning matters of ecclesiastical propriety and the admittance of former heretics and schismatics into the clergy have been examined.

Historia Salonitanorum Atque Spalatinorum Pontificum

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Author: Thomas (Spalatensis, Archdeacon)

Publisher: Central European University Press

ISBN: 9789637326592

Category: Religion

Page: 404

View: 5568

This is the 4th volume of the series of Central European Medieval Texts, Latin and English bilingual editions of major historical documents. Ever since Thomas' "Historia Salonitana" was first published in 1666, it became a part of the corpus of European medieval literature. Thomas' aim was to write a history of the church of Split in order to prove that it was legally and justly the heir of the metropolitan rights of nearby Salona, an episcopal see from the 4th century. His reports on the fourth and fifth crusade and the Mongol invasion of 1241-2, are based on personal experience or on eyewitness reports.

The Limits of Empire

The Roman Army in the East

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Author: Benjamin H. Isaac

Publisher: Oxford University Press on Demand

ISBN: N.A

Category: History

Page: 510

View: 5513

This is the first comprehensive treatment of the Roman military presence in the Near East. Using both well-known and neglected sources, Professor Isaac reassesses the means by which Rome achieved and maintained her contorl over the region. He discusses the extent to which current vacillatingviews on imperialism can affect opinions concerning the character and mechanisms by which Rome ensured the integrity and expansion of her influence. Also considered here are problems of methodology, especially the use of archaelogical remains for historical interpretation. Now available in paperback, this revised edition contains extensive author's ammendments in the light of the most recent research, so that the book is now representative of the most up-to-date work on the subject. There is an additional bibliography, containing material only recently madeavailable, and a new preface introducing the volume.

Natural Law

Reflections on Theory and Practice

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Author: Jacques Maritain

Publisher: St Augustine PressInc

ISBN: N.A

Category: Philosophy

Page: 106

View: 6975

Can there be universal moral principles in a culturally and religiously diverse world? Are such principles provided by a theory of natural law? Jacques response to both questions is "yes". These essays, selected from the writings of one of the most influential philosophers of the past hundred years, provide a clear statement of Maritain's theory of natural law and natural rights. Maritain's ethics and political philosophy occupies a middle ground between the extremes of individualism and collectivism. Written during a period when cultural diversity and pluralism were beginning to have an impact on ethics and politics, these essays provide a defense of natural law and natural right that continues to be timely. The first essay introduces Maritain's theory of connatural knowledge -- knowledge by inclination -- that lies at the basis of his distinctive views on moral philosophy, aesthetics, and mystical belief. The second essay gives Maritain's principal metaphysical arguments for natural law as well as his account of how that law can be naturally known and universally held. The third essay in this collection explains the roots of the natural law and shows how it provides a rational foundation for other kinds of law and for human rights. In the fourth essay, reflecting his personalism and integral humanism, Maritain indicates how he extends his understanding of human rights to include the rights of the civic and of the social or working person.

HISTORICAL WORKS

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Author: Cornelius Tacitus,Arthur Murphy

Publisher: Wentworth Press

ISBN: 9781363248193

Category: History

Page: 576

View: 7056