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Ambiguity in EU Law: A Linguistic and Legal Analysis (Law, Language and Communication)
by Sofiya KartalovaAmbiguity – an expression or utterance giving rise to at least two mutually exclusive interpretations – has been traditionally regarded as an ever-present, and therefore trivial, feature of EU law, alongside other forms of linguistic indeterminacy. At the same time, ambiguity has been condemned as a perilous defect in the legal text, since it is commonly assumed that the Court of Justice of the EU (CJEU) would necessarily exploit it to engage in judicial activism. In contrast, more recent theories present ambiguity as a means of promoting greater acceptability and coherence, while trusting the CJEU’s willingness to exert judicial restraint for the benefit of judicial co-operation. This ground-breaking work challenges some of the theoretical assumptions about ambiguity in EU law and puts forward a more accurate and complete theory about the CJEU’s strategic use of ambiguity. Ambiguity is here transformed from an underestimated or misunderstood detail of undetermined significance to a desirable systemic feature of the EU legal order with concrete properties and impact. Ambiguity as the implicit basis of the CJEU’s decision-making is shown to be strategically valuable for the implementation of the authority of EU law at some of the most pivotal moments in the evolution of the EU legal order. This interdisciplinary investigation presents in-depth linguistic and legal analysis of ambiguity found in the text of key provisions of EU Treaties and in the language of some of the CJEU’s leading preliminary rulings in the area of fundamental rights, freedom of movement and EU citizenship. The book suggests a categorisation of examples, basic guidance about the type of case and situation where the phenomenon is likely to emerge as well as an assessment of the advantages and disadvantages of this unusual judicial technique. The book will be a valuable resource for researchers and academics working in the areas of Law and Language, Public International Law, EU Law and Multilingualism.
Comparative Perspectives on the Right to Privacy: Pakistani and European Experiences (Ius Gentium: Comparative Perspectives on Law and Justice #109)
by Sohail AftabThis book focuses on devising a comprehensive protective mechanism for the right to privacy in Pakistan. It argues that the existing legal regime lacks an effective remedy for victims of privacy violations and emphasizes the need for comprehensive legislation to safeguard this crucial right. Pursuing a multidisciplinary approach, the book thoroughly explores the issue of media intrusions into people’s privacy through thematic media content analysis and highlights the significant impacts of these intrusions on victims’ lives.In the process, the book addresses various conceptual aspects, their relevance, and their implications for privacy-related disputes during adjudication. Recognizing that theoretical underpinnings alone may not be sufficient to create a legal regime “from scratch,” it explores the enforcement of the right to privacy under the European Convention on Human Rights (ECHR), as interpreted and enforced by the European Court of Human Rights (ECtHR).The book subsequently goes beyond exploring international law by analyzing the impact of media-and-privacy cases on privacy protection in two major member states: Germany (a civil law jurisdiction) and the United Kingdom (a common law jurisdiction). Drawing upon these conceptual and comparative legal deliberations and findings, the book provides concrete guidelines for a new privacy law in Pakistan.
The Unbroken Thread: Discovering the Wisdom of Tradition in an Age of Chaos
by Sohrab AhmariWe&’ve pursued and achieved the modern dream of defining ourselves—but at what cost? The New York Post op-ed editor makes a compelling case for seeking the inherited traditions and ideals that give our lives meaning.&“Ahmari&’s tour de force makes tradition astonishingly vivid and relevant for the here and now.&”—Rod Dreher, bestselling author of Live Not by Lies and The Benedict OptionAs a young father and a self-proclaimed &“radically assimilated immigrant,&” opinion editor Sohrab Ahmari realized that when it comes to shaping his young son&’s moral fiber, today&’s America comes up short. For millennia, the world&’s great ethical and religious traditions taught that true happiness lies in pursuing virtue and accepting limits. But now, unbound from these stubborn traditions, we are free to choose whichever way of life we think is most optimal—or, more often than not, merely the easiest. All that remains are the fickle desires that a wealthy, technologically advanced society is equipped to fulfill.The result is a society riven by deep conflict and individual lives that, for all their apparent freedom, are marked by alienation and stark unhappiness.In response to this crisis, Ahmari offers twelve questions for us to grapple with—twelve timeless, fundamental queries that challenge our modern certainties. Among them: Is God reasonable? What is freedom for? What do we owe our parents, our bodies, one another? Exploring each question through the life and ideas of great thinkers, from Saint Augustine to Howard Thurman and from Abraham Joshua Heschel to Andrea Dworkin, Ahmari invites us to examine the hidden assumptions that drive our behavior and, in so doing, to live more humanely in a world that has lost its way.
The Unbroken Thread: Discovering the Wisdom of Tradition in an Age of Chaos
by Sohrab Ahmari'A serious - and seriously readable - book about the deep issues that our shallow age has foolishly tried to dodge' - Douglas Murray 'A crystal-clear analysis of the multiple failures of "me-first" contemporary liberalism' - Giles FraserFor millennia, philosophical, ethical and theological reflection was commonplace among the intellectually curious. But the wisdom that some of the greatest minds across the centuries continue to offer us remains routinely ignored in our modern pursuit of self-fulfilment, economic growth and technological advancement. Sohrab Ahmari, the influential Op-Ed editor at the New York Post, offers a brilliant examination of our postmodern Western culture, and an analysis of the paradox at its heart: that the 'freedoms' we enjoy - to be or do whatever we want, subject only to consent, with everything morally neutral or relative - are at odds with the true freedom that comes from the pursuit of the collective good. Rather than the insatiable drive to satisfy our individual appetites, this collective good involves self-sacrifice and self-control. It requires us to diminish so that others may grow. What responsibility do we have to our parents? Should we think for ourselves? Are sexual ethics purely a private matter? How do we justify our lives? These, and other questions - explored in the company of a surprising range of ancient and contemporary thinkers - reveal how some of the most ancient moral problems are as fresh and relevant to our age as they were to our ancestors.By plumbing the depths of each question, the book underscores the poverty of our contemporary narratives around race, gender, privilege (and much else), exposing them as symptoms of a deep cultural crisis in which we claim a false superiority over the past, and helps us work our way back to tradition, to grasp at the thin, bare threads in our hands, while we still can.
The Unbroken Thread: Discovering the Wisdom of Tradition in an Age of Chaos
by Sohrab AhmariSohrab Ahmari challenges the postmodern Western worldview by asking 12 timeless, fundamental questions about life - and reveals that true freedom and happiness is found in the wisdom of traditional thought.We've pursued and achieved the modern dream of defining ourselves - but at what cost? The influential New York Post op-ed editor makes a compelling case for the modern person to seek the inherited traditions and ideals that give our lives meaning.As a young father and a self-proclaimed 'radically assimilated immigrant' opinion editor Sohrab Ahmari realised that when it comes to morals and principles he'd want his son to inherit, today's America comes up short. For millennia, the world's great moral and religious traditions taught that true happiness lies in pursuing virtue - and accepting limits. But now, free from these stubborn traditions, we all exercise some degree of liberty to live the way we think is most optimal - or, more often than not, merely the easiest. All that remains are the fickle desires that a wealthy, technologically advanced society is equipped to fulfill.In response to this crisis, Ahmari offers twelve questions for us to grapple with - twelve timeless, fundamental queries that challenge our modern certainties. Among them: Is God reasonable? What is freedom? What do we owe our parents, our bodies, each other? Drawing on historical and contemporary figures from Saint Augustine to Howard Thurman to Abraham Joshua Heschel, he invites us to consider the hidden beliefs that drive our behaviour, and in so doing, recapture a more human way of living in a world that has lost its way.(P) 2021 Penguin Audio
Regulating Global Corporate Capitalism
by Sol PicciottoThis analysis of how multi-level networked governance has superseded the liberal system of interdependent states focuses on the role of law in mediating power and shows how lawyers have shaped the main features of capitalism, especially the transnational corporation. It covers the main institutions regulating the world economy, including the World Bank, the IMF, the WTO and a myriad of other bodies, and introduces the reader to key regulatory arenas: corporate governance, competition policy, investment protection, anti-corruption rules, corporate codes and corporate liability, international taxation, avoidance and evasion and the campaign to combat them, the offshore finance system, international financial regulation and its contribution to the financial crisis, trade rules and their interaction with standards especially for food safety and environmental protection, the regulation of key services (telecommunications and finance), intellectual property and the tensions between exclusive private rights and emergent forms of common and collective property in knowledge.
The Magician
by Sol SteinA vicious high school fight leads to a terrifying miscarriage of justice in this &“superior&” legal thriller by the celebrated author: &“A spectacular read&” (The New York Times). For sixteen-year-old Ed Japhet, high school prom is a moment to shine. Performing a magic act for his classmates and teachers, Ed scares the wits out of them with feats that include the use of a trick guillotine. But while Ed&’s act pleases the crowd, it upsets a young hoodlum named Stanislaus Urek who doesn&’t like being made to look foolish. Catching up to Ed and his girlfriend in the parking lot, Urek beats Ed within an inch of his promising life. Everyone knows Urek should be behind bars. But while Ed survives the merciless attack, the fight has only begun. Urek&’s father hires a lawyer named Thomassy who knows a few tricks of his own. In a protracted legal battle, Thommasy discredits some witnesses and intimidates others until American justice looks like nothing but smoke and mirrors in this &“fast-moving, incisive&” thriller (Library Journal).
After the Madness: A Judge's Own Prison Memoir
by Sol WachtlerStory of a New York state supreme court judge and how his career was destroyed by drugs and severe mental illness. Wachtler here publishes a journal telling of his prison experience and the events that led up to it.
After the Madness: A Judge's Own Prison Memoir
by Sol WachtlerDriving down the Long Island Expressway in November of 1992, Sol Wachtler was New York&’s chief judge and heir apparent to the New York governorship. Suddenly, three van loads of FBI agents swerved in front of him—bringing his car and his legal career to a halt. Wachtler's subsequent arrest, conviction, and incarceration for harassing his longtime lover precipitated a media feeding frenzy, revealing to the world his struggles with romantic attachment, manic depression, and drug abuse.In this, his prison diary, Wachtler reveals the stark reality behind his vertiginous fall from the heights of the legal establishment to the underbelly of the criminal justice system. Sentenced to a medium security prison in Butner, North Carolina, Wachtler is stabbed by an unseen assailant, berated by prison guards, and repeatedly placed in solitary confinement with no explanation. Moreover, as a prisoner he confronts firsthand the inequities of a system his judicial rulings helped to construct and befriends the type of people he once sentenced.With unflinching honesty, Wachtler draws on his unique experience of living life on both sides of the bench to paint a chilling portrait of prison life interwoven with a no‑holds‑barred analysis of the shortcomings of the American legal justice system.
The Architecture of Desire: How the Law Shapes Interracial Intimacy and Perpetuates Inequality (Families, Law, and Society #26)
by Solangel MaldonadoExplores the reach of the law into our most personal and private romantic livesThe Architecture of Desire examines how the law influences our most personal and private choices—who we desire and choose as intimate partners—and explores the psychological, economic, and social effects of these choices. Romantic preferences, as shaped by law, perpetuate segregation and subordination by limiting, on the basis of race, individuals’ prospects for marriage and marriage-like commitments, as well as economic and social mobility.The book begins by tracing the legacy of slavery, anti-miscegenation, segregation, and racially discriminatory immigration laws to show how this legal landscape facilitated the residential, economic, and social distance between racial and ethnic groups, which in turn continue to shape romantic preferences today. Solangel Maldonado argues that the law further influences intimate choices by structuring the spaces within which individuals meet and interact via practices such as redlining, gentrification, and zoning.Maldonado includes studies of online and offline dating preferences to demonstrate that romantic predilections follow a gendered racial hierarchy in which Whites are at the top, African-Americans at the bottom, and—depending on skin tone—Asian-Americans and Latinos in the middle. These preferences may be explicit, implicit, or both, but they are usually the result of stereotypes reflected in social and cultural norms. Furthermore, since marriage confers substantial legal, economic, and social advantages, sexual racism further limits an individual’s opportunity to find a partner and reap these benefits. Finally, the book proposes ways to minimize the law’s influence over who we desire, love, and bring into our families, such as changes to dating platforms as well as to housing, education, and transportation policies.
The Solutionists: How Businesses Can Fix the Future
by Solitaire TownsendIn the face of our climate emergency, we desperately need solutionists working to fix the future. This is your handbook for becoming the leader that the world needs.The Solutionists sets out what it takes to join the new generation of entrepreneurs, CEOs and leaders transforming business to create a more sustainable society. Using a change blueprint, this book coaches you through the steps, mindsets and strategies that will put your organization at the forefront and take personal ownership of sustainability solutions.With an inspiring selection of stories from leading entrepreneurs and organizations, this book illustrates how sustainability solutionists are paving the way to solving the biggest crisis our planet has ever faced whilst driving business innovation and growth. Including plant-based food sources, net-zero technologies and circular platforms, these stories demonstrate how sustainable disruption can transform your business, regardless of size or industry.Solitaire Townsend has been inspiring the world's top brands for over two decades and, along with some of the world's leading solutionists, she invites you to join the answer activists and grow your business while co-creating a better world.
Pipe Dream: A Novel
by Solomon JonesThe lawyer turned on the tape recorder, handed his client a cigarette, and lit it for him. Black drew hard, squinting as the smoke rushed into his lungs. "Where do you want to start?"the lawyer said, lighting a cigarette of his own. "I guess there’s only one place to start; at Broad and Erie. " Johnny Podres, a politician whose record against corruption had been propelling him straight to the mayor’s office, is found murdered in a North Philly crack house. Enter Samuel Jackson, a. k. a. Black, a drug addict who knows better, a man embittered by the fact that he can’t seem to escape from his addiction to crack cocaine or, for that matter, from himself. Though he was once a family man with a wife and son, Black’s only concern these days is getting his next high, that is, until he stumbles across a friend and fellow addict, Leroy, and both become prime suspects in the Podres murder. Black and Leroy hook up with two female pipers: Clarisse, a registered nurse who is slowly losing to crack any semblance of a respectable life, and Pookie, who already has lost it. Soon the hunt is on for all four as they try to stay one step ahead of a police department under tremendous pressure to solve the case—because if a killer isn’t found soon, this could blow up into one of the biggest scandals in Philadelphia history. Solomon Jones weaves a suspenseful story against the backdrop of corruption in the Philadelphia police department and centers it on a group of drug addicts who, in the process of fleeing the law, come to terms with their own addiction, leading to some devastating consequences.
The Fourth Pentecostal Wave in South Africa: A Critical Engagement (Routledge New Critical Thinking in Religion, Theology and Biblical Studies)
by Solomon KgatleThis book critically examines contemporary Pentecostalism in South Africa and its influence on some of the countries that surround it. Pentecostalism plays a significant role in the religious life of this region and so evaluating its impact is key to understanding how religion functions in Twenty-First Century Africa. Beginning with an overview of the roots of Pentecostalism in Southern Africa, the book moves on to identify a current "fourth" wave of this form of Christianity. It sets out the factors that have given rise to this movement and then offers the first academic evaluation of its theology and practice. Positive aspects as well as extreme or negative practices are all identified in order to give a balanced and nuanced assessment of this religious group and allow the reader to gain valuable insight into how it interacts with wider African society. This book is cutting-edge look at an emerging form of one of the fastest-growing religions in the world. It will, therefore, be of great use to scholars working in Pentecostalism, Theology, Religious Studies and African Religion as well as African Studies more generally.
Integrating Financial Services Regulation: Exploring Some of the Challenges Posed by the EU Data Protection Regime
by Solomon OsagieThe book charts the course and the history of how the regulation of financial services has evolved looking particularly at data protection. It addresses concepts like integration theory, the behaviour of nation-states when they attempt to forge geo-political unions and the implications and outcomes of state interaction in regulatory matters. Unlike many other General Data Protection Regulation (GDPR) publications in the market, it contains useful analyses of the GDPR but it does so in a very practical and informative way. It recognises the perspectives of various interests including academics and commercial organisations and presents the subject in a compelling, historical and easy to digest manner, starting with the challenges of integration that the EU has faced. It then charts the course of general financial services regulation, focusing on the history of data protection legislation in the EU and drawing out the real challenges that are presented by the legislative framework. There is an in-depth analysis of the GDPR with examples of the derogations and areas where individual states are still able to derogate. The book ends with suggestions for the application and further review of the GDPR.°In the presentation of the history of data protection regulation, the author shows the influence of the contrasting narratives of privacy rights versus the desire to enable commercial activity to thrive. There are examples of how the failure to harmonise the regulation of data processing has left individual EU states able to assert national influence so that commercial organisations have been left with a legal framework that impedes the development of a single market even with the increasing importance of big data and processing in financial services. The book then highlights key provisions of the GDPR that are designed to address some of the challenges by centralising interpretation, defining flow-downs and harmonising enforcement and regulatory provisions across the EU.
Statelessness Determination Procedures and the Right to Nationality: Nigeria in Comparative Perspective (Studies in Citizenship, Human Rights and the Law)
by Solomon Oseghale MomohThis book advances the study of the right to nationality, the prevention of statelessness, and the protection of stateless persons, taking Nigeria as a case study. Much recent literature on the subject of statelessness has been written from a US/European perspective. This work addresses this imbalance with an in-depth study of statelessness and best practice in how to prevent it in an African country. The book appraises international legal regimes on statelessness, their efficacy or otherwise in practice, what can be improved under international law, and the relevance of these regimes in the Nigerian context. The regional frameworks include those of the African Union, the Council of Europe, the EU, the Organization of American States, and the Arab League. Comparisons are also drawn with specific countries that already have an enshrined Statelessness Determination Procedure including Ivory Coast, the UK, France, Moldova, and the Netherlands, which does not have a formal procedure but has alternative means of identification. The book assesses the successes and challenges faced in these countries, and evaluates the chances for legal transplantation in Nigeria. Presenting an in-depth analysis of how statelessness is approached in the global south, the work will be of interest to researchers, academics, and policymakers working in this field as well as those concerned with nationality from an international law perspective.
Legal Gladiator: The Life of Alan Dershowitz
by Solomon SchmidtThe only biography of America&’s most controversial lawyer.Legal Gladiator is the story of perhaps the greatest lawyer in American history. It is the story of a poor, failing high schooler from Brooklyn who became the youngest professor in the history of Harvard Law School, where Ted Cruz, Natalie Portman, Mike Pompeo, Jamie Raskin, and others sat under his tutelage. It is the story of a passionate Zionist who advocated for Israel on the world stage and became a confidant of Israeli prime ministers, including Benjamin Netanyahu. And it is the story of a zealous young liberal who, as an old man, stood in front of the Senate to declare that they would be violating the Constitution by removing a Republican president he himself opposed. As a lawyer, Alan Dershowitz has had a major impact on the most notorious legal cases in modern U.S. history. From Claus von Bulow to Mike Tyson to O.J. Simpson to Jeffrey Epstein to Donald Trump, he has devoted his life to championing the bedrock principle of the American justice system: that every person—no matter how despised—has the right to a rigorous legal defense. Legal Gladiator explores Dershowitz&’s rise to prominence, gives the inside story of his most high-profile cases and controversies, and provides a shockingly intimate look into his personal life. Dershowitz gave author Solomon Schmidt unprecedented access to his personal and professional life, including his private archives at Brooklyn College and dozens of interviews with him virtually and in New York City, Miami, Martha&’s Vineyard, and Israel. This book includes exclusive interview content from Bob Shapiro, Jeffrey Toobin, Israeli Prime Minister Ehud Olmert, Glenn Greenwald, Rep. Jamie Raskin, Eliot Spitzer, Justice Stephen Breyer, Mike Huckabee, Woody Allen, Noam Chomsky, Jared Kushner, Geraldo Rivera, Mark Levin, Mike Pompeo, Megyn Kelly, Mike Tyson, Ted Cruz, Robert F. Kennedy Jr., O.J. Simpson, and Donald Trump, among others.
Abgrenzungsmaßstäbe im Abkommensrecht: Veranlassungsprinzip und Fremdvergleich bei der Betriebsstättengewinnabgrenzung (PwC-Studien zum Unternehmens- und Internationalen Steuerrecht #10)
by Solvejg GlatzAusgehend von dem Veranlassungsprinzip als tätigungsbezogenem Grundprinzip der Abgrenzung und dessen Konkretisierung durch den Fremdvergleichsgrundsatz analysiert die Arbeit die bisherige BFH-Rechtsprechung und diskutiert ausgewählte Fragestellungen der abkommensrechtlichen Betriebsstättengewinnabgrenzung. Es wird herausgearbeitet, dass sowohl dem Art. 7 OECD-MA als auch den sog. Betriebsstättenvorbehalten ein einheitlicher veranlassungsbasierter Abgrenzungsmaßstab zugrunde liegt, der an das spezifisch abkommensrechtliche Verständnis der Unternehmenstätigkeit anknüpft. Nach kommentarähnlicher Darstellung und Diskussion der Änderungen durch den Authorized OECD Approach (AOA) wird gezeigt, dass auch der dem AOA zugrunde liegende Abgrenzungsmaßstab veranlassungsbasiert ist, wenngleich es aufgrund der abweichenden Anknüpfung an Personalfunktionen im Einzelfall zu unterschiedlichen Zuordnungsergebnissen kommen kann. Zugleich werden Vorschläge für einzelne gesetzgeberische Nachbesserungen der Umsetzungsvorschrift des § 1 Abs. 5 AStG gemacht.
The Use of CITES for Commercially-exploited Fish Species
by Solène GuggisbergThis book examines the legality, adequacy and efficacy of using the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for commercially-exploited fish species and assesses whether the existing institutional cooperation with the Food and Agriculture Organization (FAO) and regional fisheries management organizations (RFMOs) is efficient. This case-study also provides an interesting lens to approaching wider international law issues. Indeed, finding ways to achieve effective governance of transboundary or global natural resources is central to the peaceful use of oceans and land. Furthermore, the role of science in advising decision-makers is a sensitive issue, which deserves scrutiny and is similar in many regimes. Finally, the complex problem of fragmentation of international law is acute in various fields of environmental law, as in all rapidly developing areas of international regulations.
Development Corruption In South Africa
by Soma PillayDevelopment Corruption in South Africa examines governance matters with a focus on corruption. This rich empirical body on governance variables and governance performance is a welcome addition to South African government literature.
Authenticity as an Ethical Ideal (Routledge Studies in Contemporary Philosophy)
by Somogy VargaAuthenticity has become a widespread ethical ideal that represents a way of dealing with normative gaps in contemporary life. This ideal suggests that one should be true to oneself and lead a life expressive of what one takes oneself to be. However, many contemporary thinkers have pointed out that the ideal of authenticity has increasingly turned into a kind of aestheticism and egoistic self-indulgence. In his book, Varga systematically constructs a critical concept of authenticity that takes into account the reciprocal shaping of capitalism and the ideal of authenticity. Drawing on different traditions in critical social theory, moral philosophy and phenomenology, Varga builds a concept of authenticity that can make intelligible various problematic and potentially exhausting practices of the self.
Banking and Debt Recovery in Emerging Markets: The Law Reform Context (Routledge Revivals)
by Sonali AbeyratneThis title was first published in 2001. A developing country that is pursuing free market economic policies requires a modern commercial law infrastructure, which enables the emerging economy to have in place properly functioning credit and other financial systems which stimulate domestic and foreign investment. This book provides a comparative analysis of the law and practice of debt recovery in India, Sri Lanka and Malaysia, demonstrating that a suitable debt-recovery system for a developing economy requires not only good laws and judicial remedies, but also appropriate financial industry practices such as credit and loan supervision policies.
Radical Enfranchisement in the Jury Room and Public Life
by Sonali ChakravartiJuries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.
The Application of Teachings by the International Court of Justice (Studies on International Courts and Tribunals)
by Sondre Torp HelmersenHow do the judges of the International Court of Justice, the most authoritative court in international law, use teachings when deciding cases? This book is the first book-length examination of how teachings are used in an important international institution. It uses three different methodologies: a traditional legal analysis, an empirical analysis where citations of teachings are counted and interviews with judges and staff. Three main patterns are identified: teachings have generally low weight, but this weight varies between different works and between different judges. The book suggests explanations for the patterns it identifies, in order to contribute to understanding not only when and how teachings are used, but also why, and compares the Court's practice with that of other international courts and tribunals. This study fills a gap in the international legal literature and will be essential reading for scholars and practicing international lawyers.
Zoned in the USA: The Origins and Implications of American Land-Use Regulation
by Sonia A. HirtWhy are American cities, suburbs, and towns so distinct? Compared to European cities, those in the United States are characterized by lower densities and greater distances; neat, geometric layouts; an abundance of green space; a greater level of social segregation reflected in space; and--perhaps most noticeably--a greater share of individual, single-family detached housing. In Zoned in the USA, Sonia A. Hirt argues that zoning laws are among the important but understudied reasons for the cross-continental differences. Hirt shows that rather than being imported from Europe, U.S. municipal zoning law was in fact an institution that quickly developed its own, distinctly American profile. A distinct spatial culture of individualism--founded on an ideal of separate, single-family residences apart from the dirt and turmoil of industrial and agricultural production--has driven much of municipal regulation, defined land-use, and, ultimately, shaped American life. Hirt explores municipal zoning from a comparative and international perspective, drawing on archival resources and contemporary land-use laws from England, Germany, France, Australia, Russia, Canada, and Japan to challenge assumptions about American cities and the laws that guide them.