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8255 results in Intersentia

Page 1 of 413

The Revival of the Rule of Law Issue
  • Edited by Marek Safjan
  • Published by:
    Intersentia
    Published online:
    24 September 2025
    Print publication:
    29 October 2024
  • The Revival of the Rule of Law Issue brings to light the diversity of approaches to the rule of law in contemporary legal systems on one hand; on the other, it addresses those components that can be recognised as constituting the essence of the concept of 'rule of law'. A comparative analysis diagnoses the most pressing threats and deficits that pose a risk to the proper, effective functioning of a system based on the rule of law, and makes predictions concerning the direction of further development of the principle of rule of law. Broadly speaking, this volume asks whether, in today's world, one can justifiably formulate a thesis about the revival of this principle and, if so, in what sense.

    The first and fundamental conclusion of the principle of the rule of law cannot, in accordance with the dominant approach in the contemporary world, be reduced to purely formal adherence to the provisions of positive law. Further significant requirements must also be met, including respect for fundamental rights; the mechanism of the separation of powers (checks and balances); and democratic mechanisms of exercising power. Against the background of the reports, one important conclusion of this volume is the recognition that, in every democratic rule-of-law system, a mechanism for real, effective control that limits the discretion of any one branch of government should exist. Contemporary legal systems in fundamentally democratic countries are not free from significant flaws, weaknesses or deficits in rule of law guarantees.

Legal Aspects of Contracts and Third Parties
  • On Third-Party Rights, Transfer of Rights, Agency and Contracts
  • Edited by Jan Biemans, Lorna Richardson
  • Published by:
    Intersentia
    Published online:
    24 September 2025
    Print publication:
    03 December 2024
  • Legal Aspects of Contracts and Third Parties: On Third-Party Rights, Transfer of Rights, Agency and Contracts contains eleven case studies, designed to address various aspects of the topic of contracts and third parties. It includes examination of contractual clauses for the benefit of a third party, including the ability of the contracting parties to vary or revoke the right in favour of the third party after it has been created; the ability to make the right in favour of the third-party conditional; and the extent to which a third party can rely on a limitation clause in a contract between others. This volume also considers the transfer of contractual rights relating to property after that property has been transferred, as well as assignment of rights under a contract. In addition, it examines principal-agent relations (direct and indirect representation) in concluding and executing contracts and holding property on behalf of another and the effects of the insolvency of the agent on the legal rights of the parties. Actions available to a creditor where a contract is prejudicial to their claim (the actio Pauliana) also feature in the analysis. In addressing these topics, this book takes the intersectionality between various areas of law into account, including contract law, agency, tort law, property law, commercial law, insolvency law, patrimonial law, and other parts of the law of obligations.

    The volume contains contributions from thirteen legal systems and thus sets out the position in civil, common and mixed legal systems.

European Energy Law Report
  • Edited by Martha M. Roggenkamp, Catherine Banet
  • Published by:
    Intersentia
    Published online:
    24 September 2025
    Print publication:
    03 February 2025
  • The European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of international, EU and national energy and climate law. Whereas the first seminars concentrated mostly on internal energy market developments, the focus has now expanded to include analyses involving energy investments, security and consumer protection and a reflection on the changing nature of energy law.

    This approach is reflected in the Reports.

Sanctions By and Against International Organizations
  • Common Issues and Current Developments
  • Edited by Giovanna Adinolfi, Alessandra Lang, Chiara Ragni
  • Published by:
    Intersentia
    Published online:
    24 September 2025
    Print publication:
    15 November 2024
  • This book examines the most recent practice related to the use of sanctions by and against international organizations. As its fundamental legal framework for investigation it uses, on the one hand, the outcomes of the work of the International Law Commission of the United Nations on the responsibility for international unlawful acts, and the law of international organizations, including European Union law, on the other.

    Sanctions By and Against International Organizations addresses the following critical issues: (One) the rationale underlying the use of sanctions, and the extent to which they may be deemed to be measures promoting the protection of collective interests of the 'community' concerned; (Two) the legal qualification of the measures at stake from the perspective of both public and private international law (as sanctions, countermeasures or retorsion and as overriding mandatory rules or factual circumstances which impede an economic transaction, respectively); (Three) the attribution of the measures to the different actors involved in the sanctioning process (organizations and/or member States); (Four) the legality of sanctions, especially those which are not provided for in the rules of the organizations, and their impact on the membership as a whole; and (Five) the identification of the legal regime(s) applicable to measures undertaken by states against organizations (treaty remedies, international responsibility, or general rules applicable in the relationship between organizations and their members).

Transitional Justice, Impunity and the Judicialization of Politics
  • Michael Humphrey, Estela Valverde
  • Published by:
    Intersentia
    Published online:
    24 September 2025
    Print publication:
    03 January 2025
  • Over the past forty years, transitional justice has evolved to become a UN-endorsed international norm, underpinning peacemaking and democratic transition after large-scale political violence. The judicialization of political conflict now dominates strategies to end violence and produce a durable peace.

    A unique approach of this book is to use comparative case studies of political transitions in Uruguay, Lebanon, Spain, Kenya and Colombia to illustrate the historical development of transitional justice which gradually extended the reach of international human rights law to manage political transitions, thereby limiting impunity. Through these case studies, the book shows how transitional justice intervention has been shaped by distinct histories of conflict, elite pactism and transitional jurisprudence.

Data Commodification and the Law
  • Navigating Data Markets and Data Protection
  • Charlotte Ducuing
  • Published by:
    Intersentia
    Published online:
    24 September 2025
    Print publication:
    31 July 2025
  • Data have become a crucial element of today's economies and societies, which has in turn sparked a vivid debate on how data shall be regulated as resources out of both efficiency and fairness concerns. The European Union embarked on the ambitious project to create a 'European single market for data', thus turning data into tradable commodities through various initiatives including legislative ones. Data are an uneasy legal object and their role as resources cannot be easily untied from their other dimensions. In particular, data protection law (with the flagship GDPR) addresses the harms that data processing by others can cause to individuals identifiable through data and, ultimately, to democratic societies. A crucial question is thus whether EU data legislations geared toward the establishment of data markets can be squared with personal data protection. Based on her doctoral research, Charlotte Ducuing addresses this question with a novel and original approach based on commodification studies. A must-read to understand data legislation, its commodification dynamics and their impact on data protection law and to take a fresh perspective on the GDPR.

The Legal Framework for (Inter)connecting the Belgian Offshore Wind Farms
  • Angelo Goethals
  • Published by:
    Intersentia
    Published online:
    24 September 2025
    Print publication:
    25 June 2025
  • In his doctoral thesis, The Legal Framework for (Inter)connecting the Belgian Offshore Wind Farms, Angelo Goethals explores the legal challenges and frameworks governing the transmission and interconnection of Belgium's offshore wind farms.

    Conducted within the framework of the PhairywinD project, funded by the Energy Transition Fund, Angelo Goethals investigates three critical themes: grid development and integration, market issues, and the planning, permitting, and licensing processes. While the findings are academically significant, they also carry practical relevance, not only for Belgium but for other jurisdictions, both within and beyond the North Sea.

    The research delves into key issues such as the concept of offshore bidding zones, legal restrictions surrounding them, the qualification of energy islands as artificial islands under UNCLOS, the status of hybrid and multipurpose interconnectors, and the tension between European and international law.

Mood Enhancement Technology
  • Ethical and Legal Challenges
  • Eric Kamenjašević
  • Published by:
    Intersentia
    Published online:
    24 September 2025
    Print publication:
    31 July 2025
  • This book endeavours to present an exhaustive examination of the ethical and legal dimensions of human mood enhancement technologies. It commences with a meticulous exploration of diverse definitions of human enhancement, elucidating two primary challenges: the implicit allusion to 'normality' and the demarcation between therapy and enhancement. The book subsequently probes the ethical arguments encircling these technologies, acknowledging that such discourses frequently intersect with ideological and religious perspectives. Prevalent arguments, including those of unnaturalness, playing God, selfishness, cheating, and medicalisation, are subjected to normative analysis to discern societal disquiet. Furthermore, common ethical principles such as autonomy, dignity, justice, identity, privacy, safety, and the prevention of harm are scrutinised employing the wide reflective equilibrium method. An integrated analysis demonstrates how these arguments overlap, interconnect, or conflict, yielding normative insights for the interpretation of the current regulatory framework. The book also proffers a comprehensive analysis of applicable norms from various international and European Union legal instruments, unveiling legal uncertainties in existing laws. It also delineates the connections and overlaps between ethical arguments and legal norms. The conclusions of the book furnish actionable recommendations for policymakers and legislators to address the legal and ethical concerns attached to human mood enhancement technology.

Restricting Liberty to Prevent Terrorism
  • The Belgian and the UK Approaches to Direct Restrictions to the Right to Liberty to Prevent Terrorism
  • Ward Yperman
  • Published by:
    Intersentia
    Published online:
    18 September 2025
    Print publication:
    07 January 2025
  • This book explores counterterrorism measures in Belgium and the UK, focusing on rights to liberty in the wake of European terrorist attacks during the first two decades of the century. Delve into legal frameworks, case studies, and recommendations for aligning Belgian legislation with European human rights standards.

A Hague Convention on Jurisdiction and Judgments
  • Why did the Judgments Project (1992-2001) Fail?
  • Eva Jueptner
  • Published by:
    Intersentia
    Published online:
    18 September 2025
    Print publication:
    29 March 2024
  • A Hague Convention on Jurisdiction and Judgments: Why did the Judgments Project (1992-2001) Fail? provides the first comprehensive analysis of the question of why the original Judgments Project of the Hague Conference on Private International Law failed in 2001. The ‘Judgments Project’, sometimes referred to as the holy grail of private international law, was a remarkable and important undertaking. Its purpose was to create a global regime to secure the recognition and enforcement of foreign judgments in civil and commercial matters, as well as globally applicable rules on international direct jurisdiction, determining which national courts can hear international civil and commercial proceedings. Key players in the project included the member states of the European Community and the United States of America.

    By applying an interdisciplinary approach of legal analysis and project management, the book demonstrates that the preparation and management of the pre-negotiation phase of the project were not commensurate to the complexity of the endeavour, which is likely to have contributed substantially to the discontinuation of the project. The patterns of previous successful Hague Conference project management, as demonstrated by the work on the 1980 Hague Child Abduction Convention and the 1993 Intercountry Adoption Convention, are also analysed, with the perspective that these patterns, which comprised an assessment of the need for and the desirability of new convention projects, as well as their technical and political feasibility, were largely absent from the Hague Judgments Project.

The Right to Identity and Access to Information on Genetic Origin and Parentage
  • Edited by Ingrid Boone, Machteld Vonk
  • Published by:
    Intersentia
    Published online:
    18 September 2025
    Print publication:
    02 April 2024
  • Do donor-conceived children have a right to know the identity of their sperm or egg donor or should donors have a choice to remain anonymous? What does relinquishing donor anonymity mean for establishing parentage? Should laws regulating access to donor information have a retroactive effect? What are the experiences of children conceived with donor sperm? How can we prepare prospective parents for raising a donor-conceived child? Finally, how can we facilitate contact between children and their donors? These are some of the questions that are discussed in this book, which is the result of a multidisciplinary seminar on the right to identity and access to information about genetic origins and parentage, organised by RETHINKIN_, a Scientific Research Network (WOG) 2015–2024 of the Research Foundation Flanders.

    The Right to Identity and Access to Information on Genetic Origin and Parentage explores the right to identity from an international human rights perspective and compares the national regulations of states that have waived donor anonymity. It describes different legal paths to discover or establish one’s genetic origins. In addition to legal analyses, the book includes findings from psychological research on the experiences of (intending) parents, donor-conceived people and donors. Moreover, this book not only delves into the theoretical framework, but, additionally, assesses the practices of counselling, registration and providing information, and DNA databases. In particular, the last two chapters focus on experiences in the Netherlands, which may be valuable for other jurisdictions developing regulations surrounding the knowledge of origins.

The Principles of European Family Law Revisited
  • Edited by Katharina Boele-Woelki, Frédérique Ferrand, Cristina González Beilfuss, Maarit Jänterä-Jareborg, Nigel Lowe, Dieter Martiny, Velina Todorova
  • Published by:
    Intersentia
    Published online:
    18 September 2025
    Print publication:
    30 January 2024
  • Based on national reports by family law experts from more than twenty European jurisdictions, The Principles of European Family Law Revisited provides an insight into recent developments in family law in Europe in the areas of divorce, maintenance between former spouses, parental responsibilities, property relations between spouses and de facto unions. This book presents a comparative analysis between these developments and the five sets of Principles that the Commission of European Family Law has established in these areas over the last twenty years.

    The Principles of European Family Law Revisited contains a wealth of information for comparative family lawyers in academia or practice, with the comparative charts in particular providing a useful reference for comparative research. Additionally, in a move that marks a historical first in legal publishing, this book reproduces all the CEFL Principles in one collective volume.

The Role of Legal Precedent in Private Law
  • A Comparative Study
  • Edited by Christina Ramberg
  • Published by:
    Intersentia
    Published online:
    18 September 2025
    Print publication:
    21 June 2024
  • This book is aimed at analysing how court decisions (precedent) function as a source of law by drawing on the comparison between jurisdictions from all over the world, from different legal families and with diverse legal traditions, including Brazil, China, England & Wales, France, Germany, Italy, Russia, South Africa and Sweden.

    The contributions cover various aspects such as: The history of precedent; Formal support for precedent as a source of law; The binding nature of precedent; Reporting systems and style of reasoning; Judges as law-makers.

    The contributions to this book highlight the differences between the jurisdictions on a formal level and points to how precedent is considered a source of law. Addressing the ‘mystery’ that surrounds precedents, the book explores where there is a significant gap between what is said and what is actually done in various jurisdictions.

    The book gives a compelling analysis into how precedents being used as a source of law is an arrangement well-suited to accommodating what all jurisdictions aspire to, namely a legal order that promotes certainty and efficiency by a coherent application of the law and a law that is in harmony with legitimate expectations.

    The contributions provide stimulating materials for comparison, exploring nuanced attitudes (both traditional and modern), different court systems and the different relationships between the judiciary and the legislature.

National Human Rights Institutions in Europe and Latin America
  • International and Comparative Perspectives
  • Edited by Sebastian Lopez Escarcena, Manuel Nunez Poblete, Jan Wouters
  • Published by:
    Intersentia
    Published online:
    17 September 2025
    Print publication:
    19 February 2024
  • Over the past twenty years, national human rights institutions (NHRIs) have moved from the periphery to the centre of the human rights debate. The potential of NHRIs to transmit and implement international norms at the domestic level, and to transfer human rights expertise to regional and global human rights fora, is increasingly recognised. In Europe, the continent with the widest variety and density of human rights protection mechanisms, NHRIs are also gradually gaining recognition as actors that can enable more comprehensive and effective human rights promotion and protection.

    Filling a gap in the legal literature, this book aims to bridge the gap between the European and Latin American experiences of NHRIs, exploring the impact that this has internationally. As such, it not only includes introductory chapters on the relationship between NHRIs and the United Nations, the European Union and the Inter-American Court of Human Rights, but also offers general contributions on other European and Latin American institutions and valuable deep dives into specific case studies on certain regional commissions, ombuds offices and institutes. In order to assess the distinct models these institutional organisations adopt, three of the major European NHRIs have been chosen: the Spanish Ombuds Office; the French Commission; and German Institute. The main Latin American NHRIs which adopt either an ombuds, a commission or an institute model are also analysed, including those of Argentina, Chile, Colombia, Ecuador, Mexico, Paraguay, and Uruguay.

Dicey + 100
  • Albert Venn Dicey: A Centennial Commemoration
  • Edited by Andrew Dickinson, Timothy Endicott, Wolfgang Ernst
  • Published by:
    Intersentia
    Published online:
    17 September 2025
    Print publication:
    29 January 2024
  • Marking the centenary of the death of Albert Venn Dicey, this book addresses the implications and influence of his work in the twenty-firstst century, assessing also the late-nineteenth-century context that shaped his attitudes, opinions and writing. Dicey’sIntroduction to the Study of the Law of the Constitution (first edition, 1885, eighth edition, 1915) is a cornerstone of modern constitutional law scholarship in the UK and worldwide; his Conflict of Laws (1896) quickly became the authoritative work in private international law. These titles, together with his works on law and politics and his influence as Vinerian Professor of English Law in the University, made him an influential, and in some respects controversial, figure during his lifetime and in the following century.

    In this volume, twelve leading experts in areas in which Dicey immersed himself contribute to the understanding of his ideas and their influence, one hundred years after his death in 1922. The book is presented in four parts, addressing Dicey’s contributions to legal education; the constitution; conflict of laws; and political thought. The contributions present a modern synoptic view of the work of this leading figure in its context, which pays close attention to the ways in which his ideas have shaped the law and politics for the future.

Financial Markets and Instruments in Private International Law
  • Augustin Gridel
  • Preface by Louis D'Avout
  • Foreword by Christine Lagarde
  • Published by:
    Intersentia
    Published online:
    16 September 2025
    Print publication:
    28 April 2025
  • In banking and finance, transnationality permeates the day-to-day professional life and makes the dedicated lawyer an internationalist by necessity. There are good reasons for this: the intangible nature of services, the desire of operators even regulated to conquer foreign markets; sometimes because of the extraterritorial spread of local policies relating to the person of the operators or the products marketed. Although it does not always have a good reputation, private international law, with its promise of a widely understood conflict of law discipline, is making inroads into the legal practice of this specialised and globalised sector.

International Survey of Family Law 2024
  • Edited by Robin Fretwell Wilson, June Carbone
  • Published by:
    Intersentia
    Published online:
    16 September 2025
    Print publication:
    17 December 2024
  • The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe.

Nationality and Statelessness in Europe
  • European Law on Preventing and Solving Statelessness
  • Caia Vlieks
  • Published by:
    Intersentia
    Published online:
    16 September 2025
    Print publication:
    20 June 2022
  • Statelessness remains an issue of concern in Europe. Stateless people are without any nationality and often experience problems with accessing basic rights, despite the proclamation of human rights and a right to a nationality for all. Various attempts have been made to address statelessness specifically, for instance by the adoption of the United Nations Statelessness Conventions, but also by European regional cooperation mechanisms. This research therefore analyses and places into context the legal approaches that states have taken together in the context of the Council of Europe and the European Union to prevent and solve statelessness from a human rights perspective. In understanding the contribution of European law to preventing and solving statelessness, the study also reflects on what this adds to the legal concept of nationality and ways in which to move forward.

Cross-Border Child Relocation in the EU
  • The Dynamics of Europeanisation
  • Olga Ceran
  • Published by:
    Intersentia
    Published online:
    16 September 2025
    Print publication:
    21 May 2024
  • Cross-border child relocation cases are among the most difficult issues in family law. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations touch upon free movement - the foundation of European Union law - there is an increasing interest among scholars and practitioners alike in the influence of EU law on child relocation. However, considering the EU’s scope of competence in family law matters and the limited jurisprudence of the Court of Justice on such issues, many questions regarding the reach of EU law have remained open.

    This is the first monograph to investigate the dynamics of Europeanisation of cross-border child relocation law. What is the scope and nature of EU law's influence - both current and prospective - on cross-border child relocation? What are its effects on national legal systems? It analyses the European legal framework of child relocation and harmonisation prospects in the field. It demonstrates the limitations of the legal pressures potentially exerted by the EU, considering the nature of its competence, but simultaneously conceptualises EU law’s influences from a constructivist perspective. Free movement constitutes the main paradigm of EU law and a defining feature of its community, shifting the scope of autonomy granted to it by its members. Hence, a mixture of traditional values and new ways of life might lead to new dilemmas regarding the assessment of children's and adults’ interests in child relocation cases.

Enhancing Decisions in the Courtroom
  • Exploring a Duty to Enhance Judicial Cognition
  • Giovana Peluso Lopes
  • Published by:
    Intersentia
    Published online:
    05 September 2025
    Print publication:
    20 May 2025
  • This book explores possible ethical justifications for a moral duty for judges to enhance their cognition and examines how this duty sits within the existing legal framework on judicial liability, professional duties, and human rights.

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