The Case of State Liability

The Case of State Liability
Author: Michael Haba
Publisher: Springer
Total Pages: 154
Release: 2014-11-19
Genre: Law
ISBN: 3658080809

In light of the 20th anniversary of the ruling in Francovich, Michael Haba analyzes the principle of Member State Liability, which provides a right to damages whenever EU law is breached by Member States. His research ascertains that the doctrine evolved through three stages before becoming the unified approach that it is today. The author emphasizes that the principle’s base lay at the outset of the EEC, when the ECJ sought means to foster the enforcement of EC law. He shows that although State Liability was introduced in Francovich, there was not enough guidance on its application. He highlights that these matters were resolved in Brasserie/Factortame III, which refined the assessment of culpability, but was inconsistent and had to be further clarified in case law. He illustrates that the doctrine was expanded to breaches of EC law by last instance courts in Köbler. Finally, the author examines if breaches of European competition rules could lead to a right to damages under the principle, but concludes that no fourth stage of State Liability can be established.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

East African Community Law

East African Community Law
Author: Emmanuel Ugirashebuja
Publisher: BRILL
Total Pages: 553
Release: 2017-03-06
Genre: Law
ISBN: 9004322078

East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.

Denial of Justice in International Law

Denial of Justice in International Law
Author: Jan Paulsson
Publisher: Cambridge University Press
Total Pages: 307
Release: 2005-10-06
Genre: Law
ISBN: 1139448285

Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.

Governmental Liability

Governmental Liability
Author: United Kingdom National Committee of Comparative Law
Publisher: British Institute for International & Comparative Law
Total Pages: 320
Release: 1991
Genre: Law
ISBN:

The aim of this book is to study how a dozen legal systems have dealt with the problem of providing a financial remedy for individuals who have suffered injury of loss as a result of government activity. The original inspiration for the book came from a collquium on the subject of governmental liability, compensation and the law of civil wrongs, held at Birmingham University in September 1985 under the auspices of the UK National Committee for Comparative Law.

The Oxford Handbook of European Union Law

The Oxford Handbook of European Union Law
Author: Anthony Arnull
Publisher: Oxford University Press
Total Pages: 1092
Release: 2015-07-23
Genre: Law
ISBN: 0191653055

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Principles of Shared Responsibility in International Law

Principles of Shared Responsibility in International Law
Author: André Nollkaemper
Publisher: Cambridge University Press
Total Pages: 399
Release: 2014-12-04
Genre: Law
ISBN: 1316195384

The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

Judicial Acts and Investment Treaty Arbitration

Judicial Acts and Investment Treaty Arbitration
Author: Berk Demirkol
Publisher: Cambridge University Press
Total Pages: 291
Release: 2018-01-11
Genre: Law
ISBN: 1107198461

A study of state responsibility for acts committed in the course of different stages of adjudicatory process.

The International Law of State Responsibility

The International Law of State Responsibility
Author: Robert Kolb
Publisher: Edward Elgar Publishing
Total Pages: 417
Release: 2017-04-28
Genre: Law
ISBN: 1786434717

This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding.