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Chapter 2 explains the conceptual framework on which the book is based. The concept of participation adopted singles out a rights-based approach to participation from other forms of participation. It is built by reference to the functions of participation — protection of human dignity and pursuance of material justice — and to the persons who are entitled to access the procedure. Furthermore, the reasons and limits of the distinction between rulemaking and individual determinations for purposes of participation are analysed and criticised. This issue is also examined by referring to selected national administrative laws. This chapter further proposes the concept of legal administrative relationship as the framework for the recognition and interpretation of participation rights. Finally, participation rights are characterised as relative rights, given that, in justified circumstances, incompatible requirements of decision-making may prevail; in any case, this contingency needs to be framed within specific limits, an aspect which is also addressed in this chapter.

This chapter discusses the following: the creation of legal family relationships (birth, adoption, marriage, civil partnership, cohabitation); the termination of legal family relationships (death, adoption, divorce and other ‘matrimonial causes’, and civil partnership causes); and the legal consequences of family relationships (rights in respect of property, rights to protection of the home and person, rights to financial support, and rights and duties in respect of children).

Chapter 7 analyses participation in selected legal regimes in the sector of food law: food additives; novel foods; genetically modified foods. These frame the adoption of decisions that contend directly with the legal sphere of private persons. This chapter illustrates how the growing decision-making powers of the Commission in these matters contrast with a scarce concern for ensuring procedural guarantees to persons affected by its decisions. It develops two main arguments of the book. First, the distinction between general and individual acts should not ground the scope of participation rights. This is demonstrated by characterising market authorisations of foodstuffs. Second, Chapter 7 illustrates which regulatory intervention originates administrative legal relationships and analyses the ensuing consequences in terms of participation rights. Two different layers of participation rights may be identified in the procedures leading to the adoption of market authorisations by reference to the underlying substantive positions: subjective rights and legally protected interests.

Chapter 9 summarises the conclusions of the book. Participation is a constitutional feature of the EU, but participation rights are not sufficiently encompassing in EU administrative law. The exclusion of participation rights from rulemaking procedures is due to an excessively formalistic conception of the right to be heard in individual procedures remains. However, this exclusion is not justified as a matter of principle. The limits placed by the Courts to participation rights ought to be overcome. Participation rights are justified where the regulatory activity of the EU shapes legal administrative relationships: when their acts either define or decisively determine the content of the rights, interests, duties and charges recognised to or impinging upon the persons concerned. Effectiveness concerns may justify limits to participation rights, but cannot ground an a priori rejection of such rights. The proposed extension would favour a paradigm of EU administrative law more consonant with constitutional features of EU law.

This chapter examines various conflict resolution approaches. The question of how the heterogeneous and pluralistic character of international law as a whole and the resulting overlaps, linkages, and tensions amongst different rules and rule-systems can be addressed depends much on how international law as such is perceived and understood. This chapter thus examines several distinct approaches to this issue in order to develop a functional method for the purpose of analysing legal relationships. It first discusses the International Law Commission (ILC) approach, which provides a set of general legal techniques to resolve overlaps, tensions, and conflicts between rules on an ad hoc basis as they arise. The chapter then criticises this approach and speculates on the possibility of a minimalist approach to an international legal system. Next, it analyses the societal differentiation and systems-theory, and finally examines a functional approach in search for relationships between legal rules.

Through the analysis of the main legal disputes over the use and storage of bodily material this chapter aims to formulate the initial analytical distinctions required to assess the appropriate legal status of bodily material. This chapter demonstrates how ‘ownership’, as understood as a bundle of entitlements in an object or resource, is not a legal concept. As such, ownership is analytically distinct from ‘property’, since property concerns a particular legal relationship between the rights-holder and the duty-bearer with regards to an object or resource. This chapter then suggests that viewing the law in terms of ‘incidents of ownership’ demonstrates the variation of functional relationships within the ownership bundle. This variation is relevant to the task of justifying the ownership. An initial distinction between different ways of justifying ownership is then discussed.

In this introductory chapter of The Cuba-U.S. Bilateral Relationship: New Pathways and Policy Choices, the editors create a framework for readers to digest the material in this book in a meaningful way. The chapter introduces the multilevel game of diplomacy that binds the U.S. and Cuba can be characterized by a variety of signals that each player has issued to its counterpart. The nature of those signals have varied over time, depending on the nature of political leadership, the issue at hand, and the nature of the diplomatic level approached. We explore these issues as important to understanding linkages among the chapters within their respective fields, and across those fields is an important aspect of appreciating the entire picture of America’s current relationship with Cuba Finally, the authors present a plan for the volume, which focuses on three key issue dimensions: political, legal, and economic. Further, the authors identify challenges and opportunities implicit in the diplomatic relationship and its consequences for political, economic, and legal dimensions.

This chapter discusses the grounds of restitution founded on the principle of necessity. It covers the general principles: the principle of necessity, the principle of voluntariness, the rationale of the necessity principle, claimants acting in circumstances of necessity, and the enrichment of the defendant at the claimant’s expense. It also discusses necessitous intervention by a stranger, including discharge of the defendant’s legal liability such as burial, provision of medical treatment, and discharge of a debt, and preservation of life, health, and prosperity. Agency and other pre-existing legal relationships are discussed. Finally, it looks at necessity in the context of maritime adventures, including salvage and the doctrine of general average.