This book includes detailed discussion of issues such as Member State liability in damages, Community control over national limitation periods, and the principles governing state aid and competition law enforcement.

"The fourth edition of Understanding Remedies is designed to provide a thorough overview of the remedies a civil plaintiff may obtain to secure appropriate redress for wrongs inflicted. The book has been substantially restructured so the information is presented in a manner that can be easily grasped and understood. The text has been augmented with numerous headings, subheadings, and bullet points to enable the reader to quickly see the critical issues raised under the Law of Remedies; however this has been done while preserving the extensive content of the information provided by the book. The book has also been augmented with more examples to help convey understanding of the legal points made. As with prior editions of Understanding Remedies, the book materials are organized around two themes. Chapters one through seven examine general remedial considerations, such as damages, restitution, and defenses as standalone concepts. The goal here is to give the reader a firm foundational understanding of the concept itself. Chapters eight through twenty-four examine the general remedial consideration in specific contexts, for example, what remedies are available when a person sustains bodily injury caused by another's legal wrong. In this setting the available remedies are identified and discussed. Also addressed are the tactical strategic issues that would influence the desirability and availability of specific remedies, for example, an injunction to abate a nuisance or restitution to redress a trespass. The materials are comprehensive and respect the nuance and subtlety of the subject. Understanding Remedies presents the richness of the topic to students who wish to gain both a fundamental appreciation of the subject and an insight into the myriad ways remedies influence the shape and dimension of modern American law"--

The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.

This essential guide to remedial law explores the distinctive legal questions raised by the use of remedies in settlements. The book outlines the general structure of remedial law and its relationship to other areas of private law.