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Electricity Utility Companies Entering Private Sector Markets
On the one hand, energy utility companies (EUCs) fulfill public tasks assigned to them by the state. On the other hand, they are also often active as...
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Consumer Protection Extended to Commonholds in the View of the Court of Justice of the European Union
The author expresses some reservations on the judgments of the Court of Justice of the European Union of April the second 2020 concerning Directive...
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Responsible sport and state oversight: sports organisations as civil society organisations and private regulators in France and Germany
The paper compares the legal frameworks of France and Germany as regards the dual nature of sports organisations and private regulators. The...
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Building a Fundamental Rights Culture
When drafting a bill of fundamental rights for a constitution, a drafter must first understand the concept of a culture of fundamental rights: What...
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Gustav Radbruch’s Theory of Legal Obligation
Gustav Radbruch characterizes the fundamental relation between law and morality in his Legal Philosophy in a complex fashion. This forms the backdrop...
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Espionage, Ethics, and Law: From Philosophy to Practice
In this paper, I respond to Lars Christie, David Omand and Stephen Ratner for their thoughtful comments on my book Spying through a Glass Darkly . In...
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Viral Law: Life, Death, Difference, and Indifference from the Spanish Flu to Covid-19
What is viral law? In order to being my discussion, I note that the last two years have been extremely difficult to understand and that we, meaning...
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The Crime Against Humanity of Persecution
The Rome Statute criminalizes as a crime against humanity persecution against any identifiable group or collectivity on various discriminatory...
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Unternehmen und Menschenrechte – Überlegungen zu einer funktionalen Begründung von Rechten und Pflichten
Das Thema dieses Beitrags führt zwei Felder zusammen, auf denen Rainer Hofmann prägend gewirkt hat: den regionalen und internationalen...
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The EU–Ukraine Association Agreement as a General Framework of Contemporary EU–Ukraine Relations
This chapter looks at the objectives, scope, implementation, and application of the EU–Ukraine Association Agreement (AA), which triggered...
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Introduction
Geopolitics matters in so far as it provides a context for EU foreign policy, influencing (but in no way determining) the preferences and political...
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Fact Clarification and Effective Legal Protection in Civil Enforcement Law in Japan
The right to legal proceedings is constitutionally secured. Self-help is denied to the individual creditor. The state also has the monopoly on...
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‘A Little Law and Order Wouldn’t Hurt Anybody Around Here’: ‘The Man Who Shot Liberty Valance’ and ‘High Noon’
This chapter discusses the scapegoat as the historical artifact lying at the base of judicial order through a close reading of two classic but...
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The Distorted Jurisprudential Discourse of Nazi Law: Uncovering the ‘Rupture Thesis’ in the Anglo-American Legal Academy
It has been remarked that the ‘rupture thesis’ prevails within the Anglo-American legal academy in its understanding of the legal system in Nazi...
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Occupied Norway 1940–1945: A Brief Background to Hostage
This chapter gives background and context to the events that provide the material for this anthology—the systematic devastation of Finnmark and parts...
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A risk prediction model for Maritime accidents
This study proposes analytical tools to predict maritime accidents involving dangerous goods to help improve maritime safety and preserve maritime...
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A Tale of Three Cities—The Stadtstaat in German Constitutional Law
German cities, as distinct legal entities, share a rich history going back to Roman times. They are a very visible feature of the country’s...
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Introduction
This introduction serves as a starting point for the scientific analysis of the complex coexistence of different fundamental rights regimes,...
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The Normative Hierarchy Theory: Does Jus Cogens Conflict with State Immunity?
The quest by the international community to eradicate the culture of impunity in regard to the violation of human rights law has given birth to three...
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Rule of Law – The Concept
Scholarly discourse on the rule of law has become more open toward interdisciplinary endeavors, making the rule of law an ever more ubiquitous point...