Search result: 47 articles

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Year 2009 x

Yue Fu
Research associate, Graduate School of Humanities and Social Sciences, University of Tsukuba, Japan.
Article

Mutual Recognition in Criminal Matters in Cyprus

Journal European Journal of Law Reform, Issue 1 2009
Authors Theodora Christou, Eleni Kouzoupi and Helen Xanthaki
Author's information

Theodora Christou
European Cross Border Justice Project Manager, The AIRE Centre.

Eleni Kouzoupi
Counsel of the Republic, Law Office of the Republic of Cyprus. The views presented in this chapter are personal and can only be attributed to the author in her personal capacity. They do not reflect, express or bind the views of the Republic of Cyprus.

Helen Xanthaki
Senior Lecturer and Academic Director, Centre for Legislative Studies, Institute of Advanced Legal Studies, School of Advanced Study, University of London, Lawyer (Athens Bar).

Philippe Billiet
Hammonds LLP.

Giuseppe Martinico
Lecturer in Law at the University of Pisa; PhD, Sant'Anna School of Advanced Studies, Pisa. I would like to thank Emanuele Pollio for his comments and Andrea Serafino and Alberto Montagner for their help in preparing a preliminary version of this work.

The Rt. Hon. Lord Justice Thorpe
Head of International Family Justice for England and Wales.

Jonathan Teasdale
LL.B., LL.M., LARTPI, FRSA, Barrister. The author is presently a lawyer within the Statute Law Repeals team at the Law Commission for England and Wales, although responsibility for the content of this article lies solely with the author, and the article does not purport in any way to reflect the views of the Law Commission.

Stephen Laws CB
The article Plus ça change? Continuity and Change in UK Legislative Drafting Practice was written by Stephen Laws of the Parliamentary Counsel Office. It is published with the permission of the Controller of HMSO and The Queen's Printer for Scotland.

Ulrich Karpen
Prof. Dr. iur., Universitätsprofessor at the Faculty of Law, University of Hamburg, Gerrmany.

Hannes Rösler
Dr. iur. (Marburg), LL.M. (Harvard), Senior Research Fellow, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany. The article is based on a talk given by the author at a conference in Skopje, Former Yugoslav Republic of Macedonia, as an expert of the German Foundation for International Legal Cooperation (IRZ-Stiftung).

Clyde Croft
Dr Clyde Croft SC, BEc, LLM (Monash), PhD (Cambridge), LFIAMA, FACICA, FAMINZ, Adjunct Professor of Law, Deakin University, Melbourne.

Christopher Kee
Christopher Kee, BA (Hons) LLB (Deakin), Pro Cert Arb (Adelaide), Grad Dip Laws (UQ), Barrister and Solicitor, Supreme Court (Vic), Supreme Court (NSW), High Court of Australia; Adjunct Professor City University of Hong Kong; Honorary Fellow, Deakin University, Australia; Senior Research Assistant, Global Sales Law Project, University of Basel, Switzerland. The authors wish to thank Emma-Lee Ketchell for her assistance.

Giuseppe Martinico

Oreste Pollicino

Vincenzo Sciarabba
Paragraphs B and D have been written by Giuseppe Martinico (STALS Senior Assistant Editor, Scuola Superiore Sant'Anna); paragraphs C and F by Oreste Pollicino (Associate Professor in Comparative Public Law, Bocconi University, Milan); paragraphs A and E by Vincenzo Sciarabba (Post-doc Researcher in Comparative Public Law, University of Pavia). For the idea of the “untouchable core” see, N. Lavranos, Revisiting Article 307 EC: The Untouchable Core of Fundamental European Constitutional Law Values, in F. Fontanelli, G. Martinico & P. Carrozza, (Eds.), Shaping Rule of Law Through Dialogue: International and Supranational Experiences (forthcoming).

Filippo Fontanelli
f.fontanelli@sssup.it. PhD candidate, Sant'Anna School of Advanced Studies, Pisa, Global Hauser Scholar, NYU Law School. Many thanks to N. Walker, N. Lavranos and G. Martinico for their valuable comments. Usual disclaimer applies.

Fjoralba Caka
Fjoralba Caka is lecturer in European Union law at the Faculty of Law, University of Tirana.

Steven Blockmans
Dr. Steven Blockmans is head of the research department at the T.M.C. Asser Institute (The Hague), academic coordinator of the Centre for the Law of EU External Relations (CLEER), and associate fellow at the Leuven Centre for Global Governance Studies.
Hoofdartikel

Access_open Responsibility Incorporated

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords corporate agency, corporate responsibility, collective responsibility
Authors prof. Philip Pettit
AbstractAuthor's information

    Incorporated groups include businesses, universities, churches and the like. Organized to act as single centers of agency, they also routinely satisfy the three conditions that make an agent fit to be held responsible: they face significant choices, can recognize the relative value of different options, and are able to choose in sensitivity to such values. But is it redundant to hold a corporate agent responsible for something, when certain members are also held responsible for the individual parts they play? No it is not, for it is often possible for a corporate entity to be fully fit to be held responsible, when this is not true of the individual members; they may be able to make excuses that are not available at the corporate level. Does the case made for corporate responsibility extend to unincorporated collectivities like nations or religions? Not strictly but it does explain why it may be sensible to treat those collectivities as if they had corporate responsibility in certain domains.


prof. Philip Pettit
Philip Pettit is the Laurence S. Rockefeller University Professor of Politics and Human Values at Princeton University.
Article

Access_open ‘The Soviet Union did not have a legal system’

An interview with Jeremy Waldron on the methodology debate, historic injustice and the citation of foreign law

Journal Netherlands Journal of Legal Philosophy, Issue 1 2009
Keywords normative positivism, historic injustice, restitution of property rights, citation of foreign law, methodology debate
Authors Kees Quist and Wouter Veraart
AbstractAuthor's information

    This interview with Jeremy Waldron covers three topics. Firstly, we dealt with the methodology debate, that is, the discussion about how to proceed in analyzing the nature of law. Does the question ‘What is law?’ require a descriptive analysis of the concept of law or, rather, a normative exercise in political philosophy? Secondly, we spoke about the role of law in response to historic injustice, especially in relation to the restitution of property rights. On this topic Waldron vindicates the ‘supersession-thesis’, the idea that, due to changed circumstances and the passage of time, historic injustices become superseded. The third section of the interview is devoted to Waldron’s perspective on the citation of foreign law by national judges.


Kees Quist
Kees Quist is junior lecturer and PhD fellow at Utrecht Law School.

Wouter Veraart
Wouter Veraart is professor of Legal Philosophy at the VU University Amsterdam.

Frank Furedi
Frank Furedi is a professor of Sociology, School of Social Policy, Sociology, Social Research, The University of Kent, Canterbury CT2 7NY, Email; <F.Furedi@kent.ac.uk>.

Charles Vlek
Charles Vlek is professor emeritus of environmental psychology and decision research in the Faculty of Behavioural and Social Sciences, Groningen University, Groningen The Netherlands; <c.a.j.vlek@rug.nl>. The author has profited from a three-year period of chairing an advisory committee of the Health Council of The Netherlands (see Health Council, ‘Voorzorg met Rede’ [Precaution with Reason] no. 2008/18 (The Hague: Gezondheidsraad 2008)). Special thanks are due to staff members Wim Passchier, Nienke van Kuijeren, and Harrie van Dijk, and to the various committee members. However, since the views and conclusions in the present paper also result from substantial additional work, they are the personal responsibility of the author.

Roel Pieterman

Jaap C. Dr. Hanekamp
Jaap Hanekamp is an independent researcher and teaches at the Roosevelt Academy (chemistry and philosophy of science). This contribution is part of his forthcoming PhD thesis in theology and philosophy on precautionary culture.

Jeremy Sarkin
Jeremy Sarkin has law degrees from South Africa, an LL.M. from Harvard Law School and a Doctor of Laws degree from the University of the Western Cape (Cape Town). He is an attorney in South Africa and admitted to practice in the State of New York. He is Distinguished Visiting Professor of Law at Hofstra University in New York. In March 2008 he was elected by the Human Rights Council to be a Special Rapporteur and member of the United Nations Working Group on Enforced or Involuntary Disappearances. He can be reached at JSarkin@post.harvard.edu. This is an edited version of an article that appeared in the journal Human Rights and International Legal Discourse in 2007.
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