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Indigenousness in Africa : A Contested Legal Framework for Empowerment of 'Marginalized' Communities
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ISBN: 9789067046091 Year: 2011 Publisher: The Hague The Netherlands T M C Asser Press

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Abstract

Following the internationalisation of the indigenous rights movement, a growing number of African hunter-gatherers, pastoralists and other communities have adopted indigenousness in claiming special legal protection. Their legal claims as the indigenous peoples of Africa are backed by many international actors such as indigenous rights activists, donors and scholars. However, indigenous identification is resisted by many African governments, some community members and some anthropologists. Felix Mukwiza Ndahinda explores the sources of indigenous identification in Africa and its legal and political implications. Noting the limitations of systematic and discursive, as opposed to activist, studies, it questions the appropriateness of this framework in efforts aimed at empowering claimant communities in inherently multiethnic African countries and adopts an interdisciplinary approach in order to capture the indigenous rights phenomenon in Africa.


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Law of the Sea in Dialogue
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ISBN: 9783642156571 Year: 2011 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

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The interrelation between different fields of public international law has particular relevance for the systematic understanding of international law. The book contains a collection of essays on the law of the sea and its interdependencies with other current legal issues of global importance. The issue of the relationship between global warming and law of the sea matters are one focus. In a second thematic section the collection addresses the global commons. The third part deals with security issues. The recent increase in piracy activities has shown the relevance of discussing the linkage between the law of the sea and security issues.


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The Kyoto Protocol in the EU : European Community and Member States under International and European Law
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ISBN: 9789067045711 Year: 2011 Publisher: The Hague The Netherlands T M C Asser Press

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The participation of the European Community and the Member States in the international climate change regimes is a complex issue. In the case of the Kyoto Protocol, this is rendered more complicated by the fact that, for the purposes of Article 4 of the Kyoto Protocol, the membership of the European Community and Member States is frozen at a particular point in time. The result of this is that, under international law, the European Community and a part of the Member States (EU15) have agreed to jointly fulfil some of those obligations, whereas under community law all Member States share a certain degree of responsibility to meet the obligations created by the Kyoto Protocol. This book analyses in great detail the Kyoto Protocol and the obligations established, such as monitoring and reporting obligations, eligibility criteria and reduction commitments.


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Netherlands Yearbook of International Law Volume 41, 2010 : Necessity Across International Law
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ISBN: 9789067047371 9789067047364 Year: 2011 Publisher: The Hague The Netherlands T M C Asser Press

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The Netherlands Yearbook of International (NYIL) Law has two main aims. 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. In addition, each Yearbook provides an overview of the state practice of the Netherlands, including Dutch judicial decisions involving questions of public international law.   In this volume of NYIL ˜necessity' is the focus of analysis. Necessity plays a significant role in any legal system, as unpredictable or extraordinary situations can require the adoption of measures departing from the normally applicable law in order to protect basic values and fundamental interests. International law is not an exception. The scholarly articles in this volume discuss the role of the principle of necessity in different fields of international law, namely in conflict and security law, humanitarian law, human rights law, environmental law, international trade law, and foreign investment law. Each contribution reflects on central questions of the theme of necessity, such as the nature of the necessity plea, the role of the Articles on State Responsibility and general customary law, and the use of cross-references in case law to international decisions in other, but in terms of necessity related, fields of international law.


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Wetgeving : burgerlijk en handelsrecht : kantoor
Authors: ---
ISBN: 9789045536033 Year: 2011 Publisher: Berchem De Boeck


Book
Layered Global Player : Legal Dynamics of EU External Relations
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ISBN: 9783642206030 9783642207518 Year: 2011 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

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Layered Global Player offers a concise but thorough overview of the principles of EU external relations law. By closely examining the role of the European Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting the legal developments in their historical and political context. The book contains up-to-date analyses of topics such as the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy. Moreover, it devotes specific attention to the EU's external powers with regard to the environment, fundamental human rights and development cooperation. It also includes a dedicated chapter exploring the relations with neighbouring countries, as well as one that elucidates the complex interplay between rules of domestic, European and international provenance. Overall, this book couples an innovative design with comprehensive coverage and an engaging style of writing. Its compactness and accessibility enable readers to master the main features of this dynamic field of law with ease, making it an indispensible resource for scholars and practitioners alike.


Book
The Future of Asylum in the European Union : Problems, proposals and human rights
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ISBN: 9789067048019 9789067048026 9067048011 Year: 2011 Publisher: The Hague The Netherlands T M C Asser Press

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The position and treatment of asylum seekers has been at the centre of attention in most of the Member States of the EU in recent years. These Member States have decided to cooperate more and more on asylum issues. However, this leads to questions concerning the human rights protection of asylum seekers as a result of EU decisions, both at the moment they apply for asylum at the border and during the application procedure. By bringing the opinions of scholars, policy makers and non-governmental organizations together, this book tries to evaluate the consequences and possibilities. The so-called ˜asylum package' of EU asylum legislation and the coming into force of the Treaty of Lisbon means that EU asylum law will become increasingly important for national asylum decisions.   This book is the updated result of a conference on the future of the European asylum policy at Erasmus School of Law in Rotterdam, the Netherlands. After a challenge set by the Dutch State Secretary for Justice, Ms. Nebahat Albayrak, the contributions to this book focus on human rights aspects of the European asylum policy and the way the EU Member States need to cooperate in the future in order to reach results. The authors are scholars, policy makers and representatives of NGOs. In this way, many different aspects of the problems are put forward and conflicting views on the evaluation of the EU asylum issues come to light.   This book is highly recommended to academics, practitioners, policymakers and NGOs involved in European asylum policy issues.   Flora Goudappel is Associate Professor and Helena Raulus is Lecturer in Law, both at the Erasmus University Rotterdam School of Law, Rotterdam, the Netherlands.


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Global Claims in Construction
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ISBN: 9780857297303 Year: 2011 Publisher: London Springer London

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In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or proper calculation of losses. Hence, Global Claims in Construction highlights these issues as well as the  importance of understanding causation, factual necessity and the courts' attitude and approach to global claims.   Global Claims in Construction addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering.


Book
Armed Forces in Law Enforcement Operations? - The German and European Perspective
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ISBN: 9783642154348 Year: 2011 Publisher: Berlin Heidelberg Springer Berlin Heidelberg Imprint Springer

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At the center of this study lies the allocation of responsibilities and the division of labor between the armed forces and the mission of the police as well as other security forces in Europe. The mission of these forces defines the demarcation line between the spheres of internal and external security by assigning the former to the police and the latter to the armed forces. The focal idea is the evaluation of the feasibility of a strict separation as maintained in Germany in a European context, practical difficulties in its application, and potential ways to overcome such difficulties. This comprises in particular a comparison of the "German Way" with other European states and the corresponding methods chosen against the background of joint operations abroad.


Book
Global Administrative Law and EU Administrative Law : Relationships, Legal Issues and Comparison
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ISBN: 9783642202643 Year: 2011 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

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This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.

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