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Traditional international law was firmly rooted in the assumption that no international obligation could ever trump the national public interest. This sovereigntist account of public interest has been replaced by a constitutionalist account. Hence, human rights law and trade law allow for national public interest considerations, but the international agreements require states to submit their policies to international adjudication. The study gives a comprehensive overview of the case law of the Strasbourg organs, of the ECJ and of the WTO dispute settlement bodies with regard to the so-called escape clauses of the respective treaties. Recently, a third communal account of public interest has become important. A global common good requires international law to adapt its structures and to overcome its horizontal architecture. The study investigates into the various doctrinal elements which are invoked in the name of a global public interest, such as jus cogens, norms erga omnes or the 'common heritage of mankind'. Original in its approach, the study concludes that the use of ordre public in private international law may be a way of accommodating universal conceptions of the public interest with national conceptions.
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Ron Williamson was a star college sportsman in the small town of Ada, Oklahoma. When he left to pursue his dreams he seemed destined for glory. But years of injury, drinking, drugs and women took their toll, and he returned to Ada a lonely drifter.
Soon after his homecoming, a local cocktail waitress was raped and murdered. With no immediate leads, the police worked the case for five years before arresting Williamson and charging him with her murder. Despite no physical evidence, and based largely on the testimony of jailhouse snitches, he was found guilty at trial and sent to death row.
Left to await his fate, Williamson was the only person to know the terrible truth: that an innocent man had been sent on a journey to hell. A journey from which he might never return.
An in-depth look at the defining document of America
Want to make sense of the U.S. Constitution? This plain-English guide walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents and sparked ongoing debates. You'll understand all the big issues — from separation of church and state to impeachment to civil rights — that continue to affect Americans' daily lives.
Know who has the power — see how the public, the President, Congress, and the Supreme Court share in the ruling of America
Balance the branches of government — discover what it means to be Commander in Chief, the functions of the House and Senate, and how Supreme Court justices are appointed
Break down the Bill of Rights — from freedom of religion to the prohibition of 'cruel and unusual punishments,' understand what the first ten amendments mean
Make sense of the modifications — see how amendments have reformed presidential elections, abolished slavery, given voting rights to women, and more
Open the book and find:
Discussion of controversial issues including the death penalty, abortion, and gay marriage
Why the word 'democracy' doesn't appear in the Constitution
What the Electoral College is and how it elects a President
Details on recent Supreme Court decisions
The Founding Fathers' intentions for balancing power in Washington
... there is a lack of a clear and simple exposition of the CISG for students and practitioners. That is the role of the current book, which it fills admirably. All of the issues that have been raised in the cases and the literature are considered, but without excessive detail. This is a book that will do much to make the CISG an easily understandable text for all users, student and pracitioner alike.Preface by Professor Eric E. Bergsten
The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports on most EU Member States, including the new Member States. Furthermore, the Yearbook provides contributions from Norway and Switzerland as well as an overview of the developments in the field of EU law. In conclusion, a comparative summary reviews the essential aspects of all reports, which are written by scholars from the respective jurisdictions. Focusing on the year 2008, the authors critically report on important court decisions, present new legislation and provide a literature overview. In addition to the national reports, the European Tort Law 2008 Yearbook contains the opening lecture of the 8th Annual Conference on European Tort Law as well as three essays on questions of burden of proof.
A year ago, the "Draft Common Frame of Reference" was published for the first time in an interim outline edition. Now we proudly present the final outline edition of the DCFR.