Is it time for jurisdictions to undertake recodification, decodification, or even

codification of their private laws? This volume addresses this recurring question in

legal science by presenting recent developments and new perspectives on the

codification of private law from a comparative law viewpoint. Contributions in this

volume explore how jurisdictions from America, Asia and Europe currently stand

regarding codification and help generate awareness on different paths, yet also

of common g...

This edited volume brings together scholars in the field of law and the cognitive sciences to analyze and illustrate what the current relationship between law and the cognitive sciences is and what it should be from a theoretical perspective, for example by asking in what way and to what extent insights from the cognitive sciences can and should impact legal concepts, rules and paradigms. The topic of criminal responsibility exemplifies this relationship and several authors analyze specific e...

This compilation consists of key cases and materials in the area of public international law, selected by the Department of International and European Union law of the Erasmus University Rotterdam to use in their bachelor education. Core areas of importance covered by this compilation are the law of treaties, state responsibility, the use of force, international criminal law, human rights law, law of immunities, international economic law, and dispute settlement.

What makes this book unique i...

This compilation consists of key cases and materials in the area of European Union law, selected by the Department of International and European Union law of the Erasmus University Rotterdam to use in their bachelor education. Core areas of importance covered by this compilation are the four fundamental freedoms (goods, persons, services and capital), fundamental rights and competition law (cartel prohibition, the prohibition to abuse a dominant position and the prohibition of state aid). Wha...

The acquisition of a plot of land is a complex legal transaction. When a foreign element is added to this transaction, the complexity inevitably increases. In the interest of promoting the proper functioning of the EU internal market, this study investigates how this complexity can be reduced. To this end, it offers an in-depth study ofthe land registration systems ofthe Netherlands, Germany, and England & Wales to understand how differentland registration systems unfold in legal practice. It...

A transfer of criminal proceedings may take place between a judicial authority from one Member State and a judicial authority in another Member State when it is in the interest of a proper administration of justice that a criminal offence is further investigated and prosecuted in the second Member State.

There was a general feeling among experts on judicial cooperation in the Member States that the current practice of transferring criminal proceedings could and should be improved. Researchers...

This book aims to bring together researchers and experts from different legal and anthropological backgrounds to examine the interaction between borders and migration and the challenge they pose to our societies. The work results from an academic sub-project on Migration Law and Policy at the Faculty of Laws of the University of Malta. It formed part of a much larger project involving a Jean Monnet Network MAPS project led by the University of Naples, L’Orientale. It represents the work und...

The European Union is today a major player in many policy areas, going from classic economic fields as competition policy, agriculture and fisheries policy to new emergent fields as environmental policy, arterial intelligence policy, security and foreign policy and criminal justice policy. These policies comes with an increasing level of EU regulation, having also a substantive impact on the harmonization of national policies and regulations. This expansion of EU competence naturally also pl...

Proponents of multiculturalism do not usually subscribe to Islamist goals. Yet, across Europe, these are being furthered. Sharia councils are deeply at odds with Western moral and legal principles of equality, freedom and justice. But high-profile multiculturalists tend to present a romanticised view of these councils, which obscures both the ideology that motivates them and their practical consequences. Are Sharia councils a legitimate expression of the longing for identity, as multicultural...

The new European rules on bank insolvency seek to prevent future government-funded bailouts. Instead, risks should be internalized by the participants. The rules in the Bank Recovery and Resolution Directive and also the Single Resolution Mechanism seek to mimic the outcome of a normal insolvency procedures, without actually letting a failing institution enter full insolvency procedures. The rules enacted are of critical importance to a healthier and more stable financial sector.

This book pr...