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Planning the Future of Cross Border Families
This book is built upon the outcomes of the EUFam's Project, financially supported by the EU Civil Justice Programme and led by the University of Milan. Also involved are the Universities of Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the Italian and Spanish Family Lawyers Associations and training academies for judges in Italy and Croatia. The book seeks to offer an exhaustive overview of the regulatory framework of private international law in family and succession matters. The book addresses current features of the Brussels IIa, Rome III, Maintenance and Succession Regulations, the 2007 Hague Protocol, the 2007 Hague Recovery Convention and new Regulations on Property Regimes. The contributions are authored by more than 30 experts in cross-border family and succession matters. They introduce social and cultural issues of cross-border families, set up the scope of all EU family and succession regulations, examine rules on jurisdiction, applicable law and recognition and enforcement regimes and focus on the current problems of EU family and succession law (lis pendens in third States, forum necessitatis, Brexit and interactions with other legal instruments). The book also contains national reports from 6 Member States and annexes of interest for both legal scholars and practitioners (policy guidelines, model clauses and protocols).
eBook
Creating an Extraterritorial Application System of Chinese Law: From the Perspective of Advancing the Rule of Law in Domestic and Foreign-Related Affairs in a Coordinated Manner
The rule of law in foreign-related affairs breaks down the distinction between domestic law and international law, as well as between the rule of law in domestic affairs and that in international affairs, providing a bridge for China to build law_x005f based governance and to reform the global governance system for the new era. The extraterritorial application of domestic law can lead to legal conflicts between nations and conflicts between domestic law and international law. The principle of extraterritorially applying domestic law should be based on not violating the prohibitive provisions of international law and resolving legal conflicts through the conclusion of international treaties or negotiations. In the systematic undertaking of taking a coordinated approach to the rule of law in Chinese domestic and foreign related affairs, the building of China’s system of extraterritorial application of domestic law should be accelerated under the unified leadership by the Communist Party of China, with legislative, executive, and judicial authorities performing their respective duties. This building should be based on multilateralism, taking into account the legitimate concerns of other countries, and with the bottom line of not violating the prohibitive provisions of international law, and should be promoted with a balanced approach considering both “offense” and “defense.”
Journal Article
The Function of Kinship in Medieval Nordic Legislation
In the Nordic medieval laws a new definition of kinship - a canonical one - was introduced, based on the Church's incest prohibitions and the requirement to love your kin. It influences the rules for property transfer, inheritance, wergeld and marriage.
eBook
Reforming family law : social and political change in Jordan and Morocco
\"When Morocco issued a new family law in 2004, the reactions were overwhelming. The law was praised as a societal revolution that brought great improvements for Moroccan women, and women's groups celebrated the reform as one of their biggest achievements. There was little doubt that the law marked \"a turning point.\" The 2004 reform was the first time a new family code was issued since Morocco had codified its family law, right after independence, over the course of the years 1957 and 1958. In 1993 a number of amendments were issued to the family code for the first time since the 1950s, but they remained limited in comparison to the 2004 family code. King Muhammad VI had announced the 2004 reform on October 10, 2003, in the presence of French President Jacques Chirac, emphasizing the importance of the project not only for Moroccan women but also for the external relations of the monarchy. The French head of state then gave a speech in front of the Moroccan parliament praising the new gender relations promoted by the code and portrayed the new law as a step towards democratization. When the code was finally issued on February 5, 2004, it had already been translated into multiple languages to be handed out to journalists from around the world who had been invited to cover the event. The international media were indeed quick to commend Morocco for \"boosting women's rights.\" Overnight, Morocco became the example of family law reform in the Middle East and North Africa (MENA) region\"-- Provided by publisher.
Book
National courts and the international rule of law
Domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law. This book comprehensively explores this issue and focuses mainly on judicial control of exercise of public powers by states.
eBook
Adjudicating family law in Muslim courts
\"While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries, Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways\"-- Provided by publisher.
Book
Investigating terrorism
INVESTIGATING TERRORISM 'How can we be more effective in bringing terrorists to justice in ways that uphold our legal traditions? This book provides crucial clues drawn from highly experienced prosecution and defence lawyers, detectives, security experts and forensic psychologists. I highly recommend it for all who want to understand and respond to the serious threat from jihadist terrorism over the years to come.' Professor Sir David Omand, former UK Security and Intelligence Coordinator, Permanent Secretary of the Home Office and Director GCHQ 'Edited and written by experts in their fields and with a plethora of experience, the authors know what they are talking about. This book is a must for those who need to know, those who are interested to know, and those who think they know it all already.' Susan Young, Professor of Forensic Clinical Psychology, Broadmoor Hospital, West London Mental Health Trust Investigating Terrorism takes a look behind the closed doors of terrorist cases, and at the entire judicial process of these cases from heated debates in both Houses of Parliament, through arrest, prosecution and imprisonment. In doing so, it confronts many of the crucial political, enforcement, legal and psychological issues currently influencing major decision-makers in this arena. Specialist contributors discuss recently released research into the effectiveness of front-line counter-terrorism officers in their dealings with terrorist suspects, including the findings from a study commissioned by New Scotland Yard into the effectiveness of police interviews with terrorist suspects. Also included are strategic reviews of many of the major legislative changes and subsequent high-profile legal challenges that have repeatedly undermined government policy. Contributors provide a clear psychological understanding of aspects of terrorist behaviour, including insights into what drives individuals to become suicide bombers. Contributions come from leading barristers, senior police officers and psychologists. Contributors Lord Carlile, the former HMG's Independent Reviewer of Terrorist Legislation, and Peter Clarke, the recently retired head of the Anti-Terrorist Branch for the UK, combine academic credentials and understanding with substantial policy or practitioner experience. This combination of perspectives ensures a holistic and richly informed view of the subject and issues.
eBook