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L'Università allo specchio : questioni e prospettive
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Year: 2016 Publisher: Firenze : Firenze University Press,

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This second volume of Quaderni "Cesare Alfieri" offers a consideration on some basic aspects of our academic system. Among the many topics worthy of attention, the Scientific Committee has decided to put the accent on the theme of the relationship between universities and economic and social development. In response to the transformations and the dramatic downsizing of the higher education system, how is it possible to affirm the centrality of the education of the "human capital", aimed at the growth and cohesion of society? The essays gathered in the volume offer, each one from its own point of view, interesting insights and points of discussion on how, at the present time, universities can contribute to the economic and social development of a country in which territorial and social inequalities are deepening, despite reduced public resources, limited degree of autonomy and uncertain relations with other national and local actors.


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La libertà di manifestazione del pensiero e la libertà religiosa nelle società multiculturali
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ISBN: 8884538424 8884538416 Year: 2009 Volume: 21 Publisher: Firenze : Firenze University Press,

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The balancing of rights of equal status is a question widely debated in all modern legal systems, but the complexity of western societies – increasingly engaged with the interaction of different cultures and traditions – expands its quantitative and qualitative significance immeasurably. The purpose of this book is to appraise the potential intersection between two values that are crucial in every community: religious freedom and freedom of intellectual expression. Specialists in various areas of legal science have been asked to make their contributions on this question, the result of which is a precious mapping of the open issues, convincing solutions and suggestions generated by other legal experiences, in addition to the weaknesses that undermine the legal system in force.


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Netherlands Yearbook of International Law 2013 : Crisis and International Law: Decoy or Catalyst?
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ISBN: 946265011X 9462650101 Year: 2014 Publisher: The Hague : T.M.C. Asser Press : Imprint: T.M.C. Asser Press,

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The Netherlands Yearbook of International Law (NYIL) was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. The theme of the articles in the present Volume is ‘Crisis and International Law; Decoy or Catalyst’? The combination of the words ‘international law’ and ‘crisis’ is intriguing and leads to a number of questions. How does international law react to crises and what are the typical conditions under which the term ‘crisis’ is invoked? Is international law a vivid field of law due to and thanks to crises? Are parts of international law maybe in crisis themselves? To what extent has the focus on crises taken away attention from important legal questions in the day-to-day application of international law? And does the focus on crisis undermine analytic progress amongst scholars, who might think about crises as being something completely new, asking for new answers while ignoring the relevance of the existing ‘international law acquis’? This volume includes eight articles, in the domains of human rights law, migration law, environmental law, international criminal law, WTO law and European law, reflecting upon these pertinent questions, basically asking: do international lawyers do the things right or do they the right things?


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Services of General Interest Beyond the Single Market : External and International Law Dimensions
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ISBN: 9789462650633 9462650624 9789462650626 9462650632 Year: 2015 Publisher: The Hague : T.M.C. Asser Press : Imprint: T.M.C. Asser Press,

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This is the first book ever to assess comprehensively the impact of EU international agreements on services of general interest. Services of general interest remain high on the political and legal agenda of the European Union. However, the debates about the impact of EU law on services of general interest usually focus on internal market law such as the free movement of services, competition law, state aid rules and the law of public procurement. The external and international dimensions of the European legal framework for services of general interest are often overlooked. This book addresses the impact of international trade and investment agreements on public services and the role these services play in EU external relations. It shows that the inherent tension between establishing and securing undistorted competition on markets and the logic of public services exists in international economic law in a similar way as in EU internal law. Given the contentiousness of international trade and investment agreements as well as the EU’s external policies, the issues discussed in this volume are timely and relevant and contribute to the ongoing debate about the future of services of general interest in the EU with fresh ideas and perspectives.   Markus Krajewski is Professor of Public and International Law at the University of Erlangen-Nuremberg, Germany.


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Netherlands Yearbook of International Law 2015 : Jus Cogens: Quo Vadis?
Authors: ---
ISBN: 9462651132 9462651140 Year: 2016 Publisher: The Hague : T.M.C. Asser Press : Imprint: T.M.C. Asser Press,

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Jus cogens is a formidable yet elusive concept of international law. Since its incorporation in the Vienna Convention on the Law of Treaties some 35 years ago, it has made tentative inroads into international legal practice. But its role in international law is arguably less prominent than might have been expected on the basis of its powerful potential and in view of wider developments in international law that call for constitutionalisation and hierarchy, including the processes of fragmentation and humanization. This volume of the Netherlands Yearbook of International Law sets out to clarify the concepts and doctrines relevant to jus cogens and to sharpen the debate on its theoretical foundations, functions and legal effects. To that purpose, the volume brings together contributions on the genesis and function of jus cogens, on the application of jus cogens in specialised areas of international law and on its enforcement and legal consequences. Together, they reinforce the understanding of jus cogens as a hierarchical concept of international law and shed light on its potential for further development. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law.


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International law as law of the European Union
Authors: --- ---
ISBN: 1283326922 9786613326928 9004215522 9789004215528 9789004188570 Year: 2011 Publisher: Boston : Martinus Nijhoff Publishers,

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Recent developments in both the EU and the global legal order call for a reassessment of the role of international law within the European Union. International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union. Recent case law of the European Court of Justice prompted both scholars and practitioners to reconsider the relationship between EU law and international law. This volume reveals the practical development and consequences of this relationship, and places it in a conceptual framework by pointing to key arguments in the current debate. International Law as Law of the European Union thus forms an essential guide for academics, students and practitioners interested in the impact of new case law and conceptual thinking on the relationship between EU and international law.


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Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies : International and Domestic Aspects
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ISBN: 946265008X 9462650071 1322175632 Year: 2014 Publisher: The Hague : T.M.C. Asser Press : Imprint: T.M.C. Asser Press,

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International humanitarian law has been perceived till now as encompassing only judicial cases concerning refugee protection or war crimes prosecutions, particularly in domestic fora. Yet, the last decade has witnessed a revolution in the way judicial bodies—international and domestic alike—are ready to tackle complex security aspects pertaining to the laws of war. The present volume follows the international and domestic courts’ jurisprudential evolution as they deal with issues like the classification of armed conflicts, direct participation in hostilities and the nexus between international humanitarian law and human rights law. Projecting the field’s jurisprudential development, the volume examines the role of international humanitarian law also in the realms of quasi-judicial bodies. Derek Jinks, University of Texas, School of Law, Austin, Texas, USA. Jackson Nyamuya Maogoto University of Manchester, School of Law, Manchester, UK. Solon Solomon King’s College London, Dickson Poon School of Law, London, UK.


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The Rule of Law in an Era of Change : Responses to Transnational Challenges and Threats
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ISBN: 3319899074 3319899082 Year: 2018 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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This forward-thinking volume examines the rule of law from a global perspective, in the context of a growing array of transnational challenges and threats As the United Nations (UN) notes, the rule of law constitutes the basis “on which fair and just societies are built.” The contributions to this volume provide insights to several emerging debates about what the rule of law means in the modern era of warfare and of massive and systematic human rights violations that call for robust and transparent accountability mechanisms and processes. The authors of this work examine several controversial topics, including: -The growing use of drones, and the morality of long distance use -The UN Security Council’s evolving counterterrorism policies and practices -Victims’ Rights and the effort to provide meaning and justice to victims and survivors of terrorism - The relationship between the International Criminal Court (ICC) and Truth and Reconciliation Commissions (TRCs) -The effectiveness of the international criminal justice process overall, with an eye to procedural fairness and justice. This timely work will be of interest to researchers in criminal justice, particularly with a focus on counter-terrorism and international justice, as well as international law, human rights, and international studies.


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Law and Development : Balancing Principles and Values
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ISBN: 9811394237 9811394229 Year: 2019 Publisher: Singapore : Springer Singapore : Imprint: Springer,

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This book examines the concept of ‘development’ from alternative perspectives and analyzes how different approaches influence law. ‘Sustainable development’ focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic approach to human beings in their individual and social dimensions, which can be seen as a reference to ‘integral human development’ – a concept found in ethics. ‘Development’ can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This research examines how different approaches to ‘development’ and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarching theoretical perspective. It also discusses case studies stemming from different branches of law. .

International Law and Sustainable Development : Principles and Practice
Authors: ---
ISBN: 9004141731 9789004141735 9786610915583 9047406702 1280915587 1429408499 9781429408493 9789047406709 Year: 2004 Publisher: Leiden; Boston : Brill | Nijhoff

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The concept of 'sustainable development' has attracted considerable attention in recent years and has become of pivotal importance, not only in scientific and political discourse but also, increasingly, in the practice of states and of relevant international organisations. Since 1992 and within a remarkably short period of time, sustainable development has been endorsed and recognised in a number of instruments of international law. Thus, it is incorporated in various environmental treaties as well as in international fisheries agreements, the 1995 Agreement Establishing the World Trade Organisation (WTO) and EU law. Sustainable development and related concepts also feature in a number of international judicial decisions of the 1990s, for example those of the International Court of Justice and the WTO Appellate Body. The chapters assembled in this book illustrate various aspects of efforts of policy makers, regional and national interest groups to invoke and rely upon international law for the realisation of the objective of sustainable development. They deal in particular with recent examples of the practice of states and of relevant international organisations, especially in such areas as international trade, foreign investment regulation, human rights and natural resources and waste management. Furthermore, some chapters are dedicated to a review of relevant practice at the regional and national level.

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