Interim and Substantive Relief in Claims Under Community Law


Book Description

Analyzes the practical implications of recent judicial developments defining interim relief; these concern the protection of rights when awaiting determination of a case involving Community law, whether before the Court of Justice, Court of First Instance or the national courts of EC Member States.




Model Rules of Professional Conduct


Book Description

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.




Michigan Court Rules


Book Description




The Enforcement of EC Environmental Law


Book Description

This title presents an assessment of the principles governing the enforcement of environmental law within the EC legal system. It argues that the general case law on rights and remedies can be applied in environmental litigation, and maps out the legal justification for more effective enforcement through individual prosecution.




Remedies for Human Rights Violations


Book Description

Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.




Provisional Measures Issued by International Courts and Tribunals


Book Description

This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.




Shaping EU Law the British Way


Book Description

In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. The role of Advocates General at the Court of Justice of the European Union remains notoriously under-researched. With a few notable exceptions, not much ink has been spilled on analysing their contribution to the judicial discourse that emerges from the Court's Palais in Luxembourg. More generally, their impact on the shaping of EU law is only sporadically explored. This book fills the lacunae by offering an in-depth analysis of the way in which the UK Advocates General contributed to development of EU law during 47 years of the UK's membership of the EU. During their terms of office, Advocates General Jean-Pierre Warner (1973-1981), Gordon Slynn (1981-1988), Francis Jacobs (1988-2006), and Eleanor Sharpston (2006-2020) delivered over 1400 Opinions. This staggering contribution of the four individuals and their cabinets of legal secretaries was supplemented by an Opinion of a then Judge of the Court of First Instance, David Edward, who was called to act as an Advocate General in two joined cases in what is now the General Court. With the last UK Advocate General departing from the Court of Justice in September 2020, an important era has ended. With this watershed moment, it is apt to take a look back and critically analyse the contribution to development of EU law made by the UK Advocates General, and to elucidate the lasting impact they have had on the nature of EU law.




Broberg and Fenger on Preliminary References to the European Court of Justice


Book Description

This book is structured to reflect the different questions that may arise in connection with a preliminary reference. It explains who can make a reference, what questions can be referred, and when can, when should, and when must a reference be made. Thereupon the book provides detailed guidance on the form and contents of the actual reference as well as the procedure, both before the referring court and the European Court of Justice. Finally, the preliminary ruling and its effects are explained together with the questions of cost and legal aid. Now in its third edition, this book has proved to be of considerable value to the legal practitioner faced with the subtleties of a preliminary reference - be it as judge or advocate. However, it is much more than an advance practitioners' guide. With backgrounds as both practitioners and academics, the two authors have produced a book that also caters for the needs of academics. The practical guidance is thus supplemented by the critical analysis of the Court of Justice's practice. This fully updated and revised edition of Broberg and Fenger on Preliminary References to the European Court of Justice provides a meticulous, yet easily accessible examination of all aspects of the preliminary reference procedure.




Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice


Book Description

Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.




Legal Method and Reasoning


Book Description

Language skills,study skills, argument skills and legal knowledge are vital to every law student, professional lawyer and academic. Legal Method Reasoning offers a range of 'how to' techniques for acquiring these skills. It shows how to handle and use legal texts, how to read and write about the law, how to acquire disciplined study techniques and how to construct legal arguments. This new edition will be of value to both undergraduate and postgraduate law students.