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This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases. This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case; and (b) to make suggestions for improvement. This book analyses questions such as: (i) Which party bears the responsibility of ultimately convincing the panel of the truth of a fact (burden of proof)?; (ii) What quantum of proof is necessary to convince the panel (standard of proof)?; (iii) The role of the panel, disputing parties, and non-disputing parties (e.g,. experts, international organizations, private parties) in the development of the evidentiary record on which the panel bases its decision; (iv) The consequences of a party's failure to cooperate in the process of fact-finding; (v) How the parties can access the information which is necessary to prove their allegations; and (vi) The treatment of confidential business and governmental information. In assessing and making suggestions to improve the answers provided by panels to these questions, the book draws on the approaches followed in the two major legal systems of the world — the common law and the civil law — and to the extent possible, the approaches adopted by other international courts and tribunals.

In the course of the fifth century, the Roman farms and villas of lowland Britain were replaced by the new, distinctive settlements of Anglo-Saxon communities. This volume presents a major synthesis of the evidence, now rapidly growing, for such settlements from across England and throughout the Anglo-Saxon period. Its aim is to explore what this evidence reveals about the communities who lived in them and whose daily lives went almost wholly unrecorded. The book examines the appearance, ‘life-cycles’ and function of their buildings; the relationship of Anglo-Saxon settlements to the Romano-British landscape and to later medieval villages; the role of ritual in daily life; what distinguished ‘rural’ from ‘urban’; and the relationship between farming regimes and settlement forms. A central theme throughout the book is the impact on rural producers of the rise of lordship and markets, and how this impact is reflected in the remains of their settlements.

This volume is a collection of studies focusing on population and settlement patterns in the Roman empire in the perspective of the economic development of the Mediterranean world c. 100 BC to AD 350. The analyses offered here highlight the issues of regional and temporal variation: Italy, Spain, Britain, Egypt, Crete, Asia Minor from the Roman republic to the early Byzantine period. Although they are by no means exhaustive, the contributions to this volume sketch out the varied landscapes in which the many general issues raised need to be further analysed. The relationship between urban settlements and their environs and the economy of rural settlements in or beyond those environs is crucial, and the authors suggest particular aspects that might repay analysis: the physical size of settlements and the relationship between size, location, and distribution. The chapters fall into two main groups, the first dealing with the evidence for rural settlement as revealed by archaeological field surveys, and the attendant methodological problems of extrapolating from that evidence to a view of population; and the second with city populations and the phenomenon of urbanization. They proceed to consider hierarchies of settlement in the characteristic classical pattern of city plus territory, the way in which those entities are defined, from the highest to the lowest level: the empire as ‘city of Rome plus territory‘, then regional and local hierarchies, and, more precisely, the identity and the nature of the ‘instruments‘ that enable them to function in economic cohesion.

The peoples who inhabited Europe during the two millennia before the Roman conquests had established urban centers, large-scale production of goods such as pottery and iron tools, a money economy, and elaborate rituals and ceremonies. Yet as this book argues, the visual world of these late prehistoric communities was profoundly different from those of ancient Rome's literate civilization and today's industrialized societies. Drawing on startling new research in neuroscience and cognitive psychology, the book reconstructs how the peoples of pre-Roman Europe saw the world and their place in it. It sheds new light on how they communicated their thoughts, feelings, and visual perceptions through the everyday tools they shaped, the pottery and metal ornaments they decorated, and the arrangements of objects they made in their ritual places—and how these forms and patterns in turn shaped their experience. The book offers a completely new approach to the study of Bronze Age and Iron Age Europe, and represents a major challenge to existing views about prehistoric cultures. It demonstrates why we cannot interpret the structures that Europe's pre-Roman inhabitants built in the landscape, the ways they arranged their settlements and burial sites, or the complex patterning of their art on the basis of what these things look like to us. Rather, we must view these objects and visual patterns as they were meant to be seen by the ancient peoples who fashioned them.

The friendly settlement procedure is an important tool for the reduction of the European Court of Human Rights' (ECtHR) case load. Recent practice demonstrates that this procedure is increasingly resorted to by applicants and Contracting States. This book evaluates this largely unexplored instrument from doctrinal as well as practical perspectives, making recommendations to render the negotiations before the ECtHR more efficient and professional. The book examines questions relating to the admissibility as well as to the practical manageability of friendly settlements. In contrast to ordinary civil proceedings, the friendly settlements procedure has a mixed legal character: while settlements are an inter-partes procedure, they are also binding under international law, as the ECtHR often hands them down in the form of a judgment. In this context, the question arises as to how far the proceedings can be ‘privatised’ and where the limits to the monetisation of human rights violation lie. This book evaluates possible abuses and identifies the precautions that need to be taken in the framework of friendly settlements. This issue is linked to the question of whether the legal framework which governs the conclusion of a friendly settlement should be formulated in a more concrete manner, given that the position of the parties is unequal and that the role of the Court is hardly defined in this context. Furthermore, the book empirically examines whether the friendly settlement procedure is as advantageous in comparison to ordinary proceedings as others have argued. It also questions whether the friendly settlements procedure can provide the applicant with ‘more money faster’.

This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens), reflected in Article 53 of the 1969 Vienna Convention on the Law of Treaties. A comprehensive study of this problem has been lacking so far in international legal doctrine. Peremptory norms, although often criticised and even more often approached with sceptical nihilism, nevertheless attract growing doctrinal and practical attention, and have increasing importance in determining the permissible limits on the action of State and non-State actors in different areas. In view of this overriding impact on what might otherwise be instances of the law-making process, peremptory norms concern a constitutional aspect of international law. Peremptory norms are non-derogable norms, and the concept of derogation is among the key concepts analysed here. Derogation from peremptory norms can be attempted in a wide variety of situations, but if peremptory norms are to operate as norms and not merely as aspirations, they must generate consequences that are also peremptory. This effects-oriented character of peremptory norms is examined in a variety of fields. The hierarchical superiority of peremptory norms is not limited to the sphere of primary legal relations, but becomes most crucially relevant after a specific peremptory norm is breached. A norm's peremptory character is relevant not only for its substance but also for its consequences; peremptoriness consists primarily in the capacity to impact through its effects upon conflicting acts, situations and agreements.