Search results for ""Intersentia Ltd""

The European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 at Noordwijk aan Zee in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of International, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at EC level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU Directives with regard to the internal electricity and gas markets. This approach can also be found in these reports.This volume includes chapters on ''Newcomers in the Electricity Market: Aggregators and Storage'', ''Hydropower Concessions in the EU: A Need for Liberalisation or Privatisation?'', ''Investments and des-Investments in the Energy Sector'', ''Offshore Decommissioning in the North Sea'', ''CCS as a Climate Tool: North Sea Practice'' and ''From EU Climate Goals to National Climate Laws''

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The sixty-eighth volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICTY from 1 February 2015 to 29 June 2016. It provides the reader with the full text of the decisions identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions. Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series: http://www.annotatedleadingcases.com/about.aspx. ___ ANDRÉ KLIP is Professor of criminal law, criminal procedure and international criminal law at Maastricht University. He is a member of the Royal Netherlands Academy of Arts and Sciences and a judge at the ‘s-Hertogenbosch Court of Appeal. STEVEN FREELAND is Professor of International Law at Western Sydney University, Permanent Visiting Professor at the at the iCourts Centre of Excellence for International Courts, Denmark, and Adjunct Professor at the University of Hong Kong.

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EU law is an autonomous legal system. It requires its own methodology. The contributions to this volume provide elements of a genuinely European legal method. They discuss the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century as well as the economic and comparative background. Core issues of legal methods such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed. The temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union on the other raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: what is their impact on the interpretation of national law; and what are the methodological consequences of a transposition of directives beyond their original scope ('gold-plating')? Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas. Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts.

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Entrepreneurship: no guts, no glory is a provocative scientifically reasoned book about the impact of entrepreneurship on the economy and our quality of life. Until recently, entrepreneurs that failed were shamed publicly. While this is no longer the case, we are still far away from a society where failure is tolerated and entrepreneurship encouraged. In this book, entrepreneurship is discussed from inception to growth; from unicorns to zombies; from success to failure; from offshoring to reshoring. The author argues for an enterprise and entrepreneurship-friendly ecosystem in Europe, where there is a place and space for industry, where public administration is considered less important than industry and where entrepreneurship policy - and not employment policy - is utilised to create employment. The key to achieving this is not subsidies, but risk-sharing, venture financing, business angels, crowdfunding, incubators, accelerators, reshoring, second chance policy and a real industrial policy. 'Isn't life too short to work for a boss?' With this opening question the author obliges the critical reader to take a stance. The statement indicates that entrepreneurship is about culture. It is a mindset. It is about having guts.

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This book contains the text of the Inaugural Caius Mok Law Lecture, given by The Honourable Chief Justice Geoffrey Ma at Gonville and Caius College, Cambridge.The coming into effect of the Basic Law and the Hong Kong Bill of Rights Ordinance saw the constitutional implementation of the rights contained in the International Covenant on Civil and Political Rights. The more than twenty years that have passed since the exercise of the resumption of sovereignty by the Peoples Republic of China over Hong Kong have seen the latter's courts grapple with legal challenges hitherto untouched. Cases have at times involved sensitive areas since some of the cases have originated from controversial political, social and economic events. In meeting the legal challenges, the courts in Hong Kong have had to seek guidance from different sources and much assistance has been derived from European jurisprudence. The manner in which rights have been treated in European jurisprudence has been a major influence on how legal challenges unique to Hong Kong have been conceptualized and resolved under her common law system.

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This book is unique as it goes beyond the classical academic approach and opts for an approach whereby the theoretical insights are systematically illustrated by concrete cases and exercises. This explains its title: Financial Management in Practice. This approach makes this book very suitable both for financial managers and for university and high school students.Beginning with a description of the current banking and entrepreneurial landscape, the book proceeds to examine the basic concept of financial management. The business plan and financing plan become the working tools in the author's search for optimal financing and in determining the value of the enterprise. This is followed by an analysis of all forms of debt financing such as overdraft, investment credits, straight loans, leasing and factoring.Subsequently, the book examines mezzanine financing, formal and informal venture capital, including business angels and crowdfunding, as well as stock quotations and initial public offerings. The book concludes with a review on the Basel Accords, from the viewpoint of the entrepreneur. This way, the author provides ammunition for managers confronted with banks or venture capitalists who claim that some actions are not possible "because of Basel".The glossary at the end of the book lists the major financial terms to ensure smooth reading. The included tables with annuity factors should facilitate the investment analysis. And last but not least, solutions to the exercises have been included at the back of this book, so that the active reader can evaluate his own solutions."In contrast to the rather academic approach taken by other authors, Professor Aernoudt opts for an approach based on practice, with cases and exercises to enhance understanding of various theoretical approaches. This book therefore fills an important gap".

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Information technology offers unprecedented opportunities to individuals, businesses and the public sector but also creates new vulnerabilities to crime. Impressive cybercrimes have been reported in the media in recent years, demonstrating the grave harm that even a single cyberattack can cause. Yet no systematic assessment of the impact of cybercrime on Belgian society and economy had been conducted until the start of the research project Belgian Cost of Cybercrime (BCC) in 2013, which was funded by the Belgian Service Science Policy Office (BELSPO) and coordinated by the KU Leuven Centre for IT & IP Law (CiTiP), in collaboration with the KU Leuven Institute of Criminology (LINC).Building on that large multidisciplinary project, the book assesses the impact of cybercrime on businesses based in Belgium, drawing from a thorough conceptualization of both cybercrime and itsimpact. Using data collected through two surveys sent to more than 9,000 representatives of Belgian businesses, the authors report that most of the responding businesses are confronted with at least one type of cybercrime every year and some of them suffer serious harm from these incidents. Lastly, the book calls for the identification and implementation of effective preventive measures targeting the different types of cybercrime.

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This fifty-fourth volume of annotated leading case law of international criminal tribunals contains the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (2009-2011). It provides the reader with the full text of this important decision, identical to the original version and including concurring, separate and dissenting opinions. A distinguished expert in the field of international criminal law has commented on the decision. Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series: http://www.annotatedleadingcases.com/about.aspx.

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Regulating Risk Through Private Law sets out, for nine significant legal systems, an overarching conception of risk in legal theory, particularly of the linked role of risk-taking in generating liability and in liability regulating risk. It examines and explains what risk-based reasoning adds to private law. Taking tort law as the core case study, the book analyses national variation in risk understanding, liability, culture and regulation and from that, develops a legal framework for understanding and responding to risk. Then, looking beyond tort, the volume examines the contextual and cultural setting of different risks and how different legal systems seek to regulate them. The volume draws on more than 25 leading scholars of private law and risk from around the world to develop a coherent and systematic study of risk. The legal systems included span the common law and civil law, large and small, codified and uncodified, as well as those with wider and narrower strict liability rules and causation rules: England and Wales, France, Sweden, Italy, Spain, the Netherlands, Chile, South Africa and Brazil. The book is in two parts. Part I will look at an overview of the whole field, with a particular view on tort law as common focus; Part II will look to a specific and a national response to a narrow aspect of risk and analyse it in more detail. The Part II chapters range from medical liability (France) to mining (Chile) and from political theory and the welfare state (Sweden) to the constitutionalisation of risk protections (South Africa). This volume is the first multi-handed work on risk to explore what risk-reasoning adds to private law and how best it can be deployed, resisted or simply understood

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Private law and private law relationships in Member States of the European Union are increasingly influenced by EU law. Sometimes, this influence is predictable, for instance because EU law provides expressly that violation of a rule shall produce a specific private law effect (Article 101(2) TFEU). Less predictable are the consequences where the Court of Justice interprets provisions of EU law ostensibly addressed to the Member States such as creating, modifying or extinguishing rights and obligations in legal relationships between individuals. Since 1974 the Court has given interpretations to such direct horizontal effect to some of the TFEU provisions on free movement.Private Law and the Internal Market seeks to establish the links between the relevant judgments and, by analysing them in the context of the various mechanisms used by EU law to influence national private law, considers whether the Court's approach to one free movement provision can be predictive of other free movement provisions and if so, to what extent. It also discusses the impact which accepting direct horizontal effect has on the grounds that must be available to individuals as a defence to alleged infringement of a free movement provision.

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This textbook on Corporate Finance deals with the different sources of funding and the capital structure of corporations (excluding financial institutions), the decisions that managers can take to increase enterprise value as well as the tools and analysis used to allocate financial resources. The authors link theoretical insight to practical cases. The objectives and functions of corporate finance are discussed in an introductory chapter. The following chapters cover: fundamental financial valuation principles, investment analysis and the minimum investment return requirement, capital structure and dividend policy, long-term and medium-term financing, working capital as well as some specific financial topics such as valuation of companies, international financial policy, financing of growth companies, mergers and acquisitions, etc. While written for students, this book is also appealing to financial professionals such as financial directors, credit rating agencies, corporate managers in financial institutions as well as accountants and auditors.

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A book series dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe. The books are published in English, French or German under the auspices of the Organising Committee of the Commission on European Family Law (CEFL).In many jurisdictions registered partnerships were introduced either as a functional equivalent to marriage for same-sex couples or as an alternative to marriage open to all couples. But now that marriage is opened up to same-sex couples in an increasing number of jurisdictions, is there a role and a need for another form of formalised adult relationship besides marriage?In this book, leading family law experts from 15 European and non-European countries explore the history and function of registered partnership in their own jurisdictions. Further chapters look at the impact of the European Convention on Human Rights and European Union Law on the regulation of registered partnerships. In the concluding chapters the different approaches are analysed and compared.This book provides the foundation for an informed discussion not only on changes to the implementation of registered partnership schemes, but also more generally for reviewing the law concerning the recognition of adult relationships.

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This forty-ninth volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the STL from 2009-2013. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on the decisions.The Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication.The Annotated Leading Cases of International Criminal Tribunals is also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information the online version of the series: http://www.annotatedleadingcases.com/about.aspx.

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Globalization is not a new phenomenon. New realities have emerged over the past two decades which have given it greater influence in the affairs of states. This coincided with the increasing inability of states and international organizations to carry out their institutional functions for the common good. This is testing a number of assumptions about the future of human rights and international criminal justice.The changes in state priorities concerning human rights and international criminal justice evidence a subtle change in the values of the international community. This is particularly evident in the enhanced concerns of states with issues of national security as they are perceived in so many different ways. At the same time states' ability to govern and deliver public services are increasingly being challenged.Science and technology dominate the present state of globalization and in some positive ways and have increased human interdependence and interconnectedness but with paradoxical positive and negative effects and outcomes.They enhance the power and wealth of certain states while increasing the gap between those states and others. This gap between the ''haves'' and the ''have nots'' continues to increase. With world population projected to grow from seven to nine billion, with disproportionate availability of food and other resources for those most in need of it, social, economic and political disparities are enhanced. Internal state dysfunction is on the increase as evidenced by the number of failed and failing states among developing and under-developed societies.Globalization has not only enhanced the power and wealth of certain states with resources and technological, including military capabilities, it has also given these states a claim of exceptionalism. That claim has also extended to certain multinational corporations and other non-state actors (NSAs) because of their wealth, worldwide activities, and their economic and political power and influence over national and international institutions. For all practical purposes, many of these multinational entities have become beyond the reach of the law, whether national or international. As a result they and their principal actors benefit from impunity notwithstanding the harmful consequences of their conduct on human beings and on the environment. Environmental changes resulting from the international community's failure to develop and adequate system of control over fossil fuel consumption and other factors impacting climate change have and will continue to unleash harmful consequences on certain parts of the world, which will impact certain populations.As these and other negative consequences of globalization occur, it is already evident that the values and legal protections afforded to human rights, including an end to impunity for international crimes is receding. The ''Responsibility to Protect'', adopted by world summit of 2005 has never been put into effect. Similarly, the United Nations Declaration on the Rights of Victims of Crime has also never been put into effect. How states and the international community will react in the face of the forthcoming challenges of population growth, resource scarcity, environmental disasters and other natural and human tragedies is a legitimate source of concern.The absence of an international system to regulate these needs for human survivability will necessarily mean that the human rights of some will be sacrificed. All this has negative consequences for human rights, yet nothing that the international system presently offers can mitigate these consequences only the occasional good will of some states.What remains to help counteract and mitigate the cascade of negative effects and outcomes of unbridled globalization on our planet are international civil society institutions and some concerned states. What they may be capable of achieving in the face of the changing landscape of the world order is, however, difficult to assess.

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This Research Guide to Instruments of European Regional Organizations is the product of years of teaching experience in methodology of law in the capital of Europe, namely at the Law Faculty of the Vrije Universiteit Brussel. The research guide focuses on how to find and use instruments of European regional organizations. It is mainly intended to be a practical instrument for students of an advanced level, lawyers and public servants who work in the field of European law. In a practical way, this book offers a detailed description on how to do research in sources of European law in the most efficient way. The different sources of European law are examined. The research guide gives an answer to a variety of questions one may be confronted with when dealing with European law. What are these sources? Where can I find them? And once I have found them, how do I read them? The main focus lies on the wide range of electronic databases on European law, although reference is also made to the traditional way of finding sources. The use of screenshots and clear examples make this book a very practical instrument so that every person who deals with European law on a permanent or occasional basis will value it as an extremely useful tool.

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This forty-fifth volume of annotated leading case law of international criminal tribunals contains decisions taken by the SCSL in the years 2006-2007. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included.

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The growing attention being paid to transnational criminality and the emergence of new models of state cooperation make it necessary to reconsider the traditional features of human rights enforcement. This book provides a comprehensive analysis of how criminal procedural rights are (if at all) protected within the framework of mutual recognition within the EU. The study concentrates on the Framework Decision on the European Arrest Warrant. The central issue of analysis is the national and extraterritorial responsibility for violations of fundamental rights which occur in the framework of such transnational procedures. Are there any provisions in international or national instruments, which aim at effectively preventing or remedying violations? Is there any functioning judicial control? The effect of national legislation and human rights bars to cooperation is discussed on the basis of a comparative study of the legislation and case-law in Sweden and the UK. Further, the roles of the European Courts for the protection of due process rights are analysed. The book focuses on the special features of mutual recognition in relation to state responsibility for an executing and issuing state. Especially the concept of mutual trust and the justifications for a system of division of labour between the States are critically discussed. Whose responsibility? provides the reader with new and interesting perspectives regarding the specific problems of being a defendant within the EU, and gives some new answers to the question of responsibility for transnational defence rights.

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This book argues that motives for committing breach of contract should matter in the application of remedies in contract. Deliberate breach of contract requires a different and sterner answer from the law of contract than any other breach of contract, because providing equal remedies for all breaches of contract threatens parties' trust in the law of contract. This statement should be reflected in the law of remedies in contract. The box of remedies available to the victim of deliberate breach of contract should be designed accordingly. In general, the author argues that the victim of contractual breach should have a stronger right to enforced performance of the contract, and that he should have easier access to damages and receive a larger amount of damages if he is the victim of deliberate breach of contract. The arguments for the chosen approach to deliberate breach of contract are primarily drawn from comparative legal research - mainly in the form of studying court decisions, academic contributions and other common legal sources: in other words, the classic legal approach - and law and economics literature. About the author Martijn van Kogelenberg was born in 1980 in Ridderkerk (Zuid-Holland), the Netherlands. In 2003 he graduated in Russian Studies, specializing in Russian civil law. In 2004 he graduated in Dutch law, specializing in Dutch civil law. After his studies in Leiden, he entered the University of Oxford to follow a post-graduate Magister Juris degree. In September 2006 Martijn started working on his dissertation at the civil law department of the Erasmus School of Law (Rotterdam). In addition to his doctoral thesis, he published several articles, including an international publication. He has also been involved in teaching various civil law subjects to law students and in giving post-academic courses and lectures in contract law.

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This book provides a thorough account of states’ obligations to prevent childhood obesity under the Convention on the Rights of the Child, focusing on restricting unhealthy food marketing to children. It argues that while political momentum is sluggish and stilted, children’s rights provide a compelling basis for action. This is important because unhealthy food marketing is a transnational concern that no one state can effectively regulate alone. Furthermore, the book fills gaps in research on socioeconomic rights by offering an analysis of states’ obligations under the rights to health and nutrition in relation to non-communicable disease prevention in high-income states. It zeroes in on provisions of the Convention on the Rights of the Child (CRC), allowing for a detailed analysis of the Convention as a whole. The book avoids a myopic focus, examining state obligations in the context of conflicting and complementary international duties including international health law, the European Convention on Human Rights, European Union law and international trade law. Children’s Rights and Food Marketing focuses on the CRC as it binds all states parties to a basic framework, which, if fully implemented, provides children in developed and developing countries with entitlements to universal standards. The Convention adds legal and moral accountability to states’ public health duties. Furthermore, children’s rights not only impose obligations to regulate, but also obligations to do so in a manner that fully respects children’s rights, namely by respecting the best interests and views of children. Besides analysing state obligations, the book presents a blueprint for what a child rights approach to regulating unhealthy food marketing could look like. It focuses on restrictions of unhealthy food marketing in the European Union, spanning consumer protection, media law and data protection law. Current law is evaluated using the WHO recommendations and children’s rights. The extent to which children’s rights principles are reflected in the texts of the rules and the manner in which complaints are handled are considered. To allow for a detailed analysis, complaints from the EU Pledge and Irish bodies are included. Ireland is an interesting case study as regulations are some of the most stringent in the EU. The state is also home to many of the world’s leading technology companies, and thereby its laws have a wide reach. This book is of interest to academics, practitioners and organisations working in the field of public health law and children’s rights.

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This book is the result of a long-term comparative research project on intellectual property, with topics ranging from patents to copyright, examined across 16 jurisdictions. It does not aim at commenting on current policy issues. The country reports unearth the culturally, morally and historically imprinted thought patterns across Europe which underpin current discussions on the appropriation of information, and which do not change quickly. The research results question the common narratives of the distinctiveness of private and public law, of contracts and property, and of morality and the law. The point of departure is the public good character of information, with the focus being on public interests pursued when assigning information as property. The 14 selected cases, based on recent, and in some cases futuristic when the project began in 2001, scenarios, aim to identify how boundaries to information property emerge, the areas of law that are applied and the principles that are followed in order to balance the conflicting interests at stake. The issues discussed revolve around well-known interfaces such as IP and competition law, monetary interests versus personal interests in human genome data, individual freedoms-to-operate versus collective action models as found in basic research or ‘creative commons’. The book shows how some national discussions appear similar on the surface, in terms of resorting to parallel principles, but subsequent domestic policy answers vary greatly. Even legislation which aims at harmonisation may result into more diversity. Inversely, we found legal institutions applied which install contrasting legal rules which however aim at exactly the same behavioural change. The national reports in Part III are complemented by comparative analyses by the editors, whilst the chapters in Part II are dedicated to an analysis of the submissions from a theoretical point of view, departing from the editors’ own research interests. The chapter in Part I describes the overall ‘Common Core’ research method, which splits the national reports into operative, descriptive and metalegal formants. Boundaries of Information Property is aimed at researchers in IP and practitioners interested in the foundational theory of their subject. It is an inspiring read for those interested in the deeper structures of regulating information. With a foreword by Sjef van Erp (em. University of Maastricht) and contributions by Christine Godt (Carl von Ossietzky University of Oldenburg), Geertrui Van Overwalle (University of Leuven), Lucie Guibault (Dalhousie University), Deryck Beyleveld (University of Durham), Mike Adcock (University of Durham), Ramūnas Birštonas (Vilnius University), Maja Bogataj Jančič (Intellectual Property Institute, Ljubljana), Konstantinos Christodoulou (University of Athens), Teresa Franquet Sugrañes (University Rovira i Virgili), Pablo Garrido Pérez (University of Barcelona), Christophe Geiger (Luiss Guido Carli University), Silvia Gómez Trinidad (University of Barcelona), Mariona Gual Dalmau (University of Barcelona), Aleksei Kelli (University of Tartu), Tomaž Keresteš (University of Maribor), Maja Lubarda (Lawyer, Ljubljana), Thomas Margoni (University of Leuven), Jan Mates (Attorney-at-Law, Prague), Maureen O’Sullivan (NUI Galway), Andrea Pradi (University of Trento), Martina Repas (University of Maribor), Giorgio Resta (University of Rome 3), Ole-Andreas Rognstad (University of Oslo), Cristina Roy Pérez (University of Barcelona), Jens Schovsbo (University of Copenhagen), Agnes Schreiner (University of Amsterdam), Simone Schroff (Plymouth University), Tobias Schulte in den Bäumen (Hapag-Llyod, Hamburg), Simona Štrancar (University of Maribor), Tomasz Targosz (Jagiellonian University), Elżbieta Traple (Jagiellonian University), and Gabriele Venskaityte (European Commission, Brussels).

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This note sets out the key features of a new deal for professional football in the EU. Professional football in the EU is nowadays characterized by unlevelled regulatory and supervisory playing fields. These unlevelled playing fields hinder the establishment and functioning of the internal market and create a legal uncertain environment for professional football clubs and football agents, active in the most practised, mediatised and commercialized sport in the world. In support of clubs and football agents applying on their own initiative high standards of good governance, this note calls for EU legislative intervention to level the regulatory and supervisory playing fields to create a true internal market for football agents and professional football clubs with acceptable minimum levels of good governance for all.

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This book focuses on the concept of party autonomy in cross-border family matters and succession in EU private international law. It analyses the choice of court and choice of law provisions that has been developed within this framework over the past two decades. These rules are evaluated and compared in view of the underlying values and objectives in the EU context. Does the manifestation of these provisions meet the EUs objectives in adopting legislative action? If not, what factors prevent them from doing so? Are there any gaps that need to be addressed and how might these issues be tackled? Party Autonomy in EU Private International Law: Choice of Court and Choice of Law in Family Matters and Succession is valuable to researchers, legal practitioners and civil servants with an interest in private international law and/or cross-border family- and succession law issues.

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The thesis of this book is that cross-border insolvency rules of all kinds (e.g. European Insolvency Regulation, UNCITRAL Model Law, ALI Principles for the NAFTA States, national laws such as Chapter 15 US Bankruptcy Code or Sch. 1 Cross-Border Insolvency Regulation 2006) are founded on, and can be traced back to, basic values and that they aim to pursue and enforce such standards. Furthermore, several principles can be identified, distinguished and sorted into three groups: conflict of laws principles (e.g. unity, universality, equality, mutual trust, cooperation and communication, subsidiarity, proportionality), procedural principles (e.g. efficiency, transparency, predictability, procedural justice, priority) and substantive principles (e.g. equal treatment of creditors, optimal realisation of the debtors assets, debtor protection, protection of trust (for secured creditors or contractual partners), social protection (for employees or tenants)). Using the principle-oriented approach, the book will have a significant impact for both deciding cases and shaping cross-border insolvency law. It offers both legislators and courts new substantive and methodological support in making decisions, for example where the treatment of secured creditors, support for foreign insolvency practitioners or even harmonisation of cross-border insolvency laws is at stake.

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Security rights are of fundamental importance to the granting of credit. They are generally considered to increase the availability and lower the cost of credit but there appear to be divergent views across Europe and elsewhere on the extent to which it should be possible to create security rights over assets.Moreover, laws in many countries avoidance laws strike at advantage gaining by creditors in the period immediately before formal insolvency proceedings are instituted. It is seen as potentially unfair to other creditors who may be forced into taking enforcement proceedings against the debtor and this may precipitate the premature liquidation of the debtor with an overall loss of economic value.The book will assess the conception of security rights according to the different European legal traditions. It will also evaluate the appropriateness of the protection given to security rights in light of:- developments in those European legal traditions;- the objective of the Insolvency Regulation to facilitate the more effective administration of cross-border insolvency cases;- the need for security in the context of the financial crisis;- the basic principles of ensuring fairness between creditors;- forestalling premature liquidation; and- reinforcing the collective nature of the insolvency process.The growth strategy put forward by the European Commission, Europe 2020, is designed to achieve economy recovery and sustainable growth, targeting as primary goals a higher investment rate and the preservation of employment. The rescue of troubled enterprises is at the core of this strategy and the book plots the alignment between this strategy and the evolution of the Insolvency Regulation.The objective is to facilitate a situation where economic and social systems are adaptable, resilient and fair; where economic activity is sustainable; and where human values are respected.

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Interpreter-mediated child interviews, by their nature, involve communication with vulnerable interviewees who need extra support for three main reasons: their age (under 18), language and procedural status (victim, witness or suspect). The CO-Minor-IN/QUEST research project (JUST/2011/JPEN/AG/2961; January 2013 December 2014) studied the interactional dynamics of interpreter-mediated child interviews during the pre-trial phase of criminal proceedings. The project aimed to provide guidance in implementing the 2012/29/EU Directive establishing minimum standards on the rights, support and protection of victims of crime. This book sets out the key findings from a survey conducted in the project partners' countries (Belgium, France, Hungary, Italy, the Netherlands and the UK) targeting the different professional groups involved in child interviewing. Both the quantitative and qualitative analysis of the respondents' answers is discussed in detail. The book also provides hands-on chapters, addressing concrete cases of children involved in criminal procedures who required the assistance of an interpreter to ensure their rights were fully protected. Finally, a set of recommendations is offered to professionals working in this area.

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This forty-seventh volume of annotated leading case law of international criminal tribunals contains decisions taken by Special Court for Sierra Leone 2009 - 2012. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included.

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The European Yearbook of Disability Law is part of the ongoing research programme of the Maastricht Centre for Human Rights of Maastricht University and the Centre for Disability Law and Policy of the National University of Ireland Galway. The European Yearbook of Disability Law reviews the significant developments at European level regarding disability law and policy. The Yearbook contains a series of articles on current challenges and developments from senior analysts and academics working in the field. It aims to provide critical insight in the evolution of European disability law and policy and offers analyses of pressing challenges in a broad range of fields. The core of the Yearbook consists of a review of the preceding year's significant events, as well as policy and legal developments within the institutions of the European Union. It reviews major EU policy developments, studies and other publications, legislative proposals, and case law from the Court of Justice of the European Union and the European Court of Human Rights.

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To what extent does family law accommodate, deny, support or reflect the existence of religion and religious belief in a range of jurisdictions and throughout various family and social situations? This collection of comparative essays brings together reflections on a range of religions, including Islam, Judaism and Roman Catholicism. With insights, both historical and contemporary, from Ireland, Israel, Malta, Sweden, Russia, Turkey and the UK, it seeks to discover the place which religion has or might have within family law.

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States that are in transition after a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The volume contains case studies of the role of domestic courts in various post-conflict and transitional situations (Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda). Each of these case studies seeks to answer questions relating to the exact constitutional moment empowering domestic courts to apply international law, the range of international legal norms that are applied, the involvement of international actors in bringing about change, the contextualization of international legal norms in states in transition, tension within such states as a result of the application of international law, and the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment.

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This forty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICC in 2009.

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In today’s organisations, Human Resource Management is no longer the sole responsibility of the HR-department. In all other departments, direct supervisors are already performing a wide variety of HR-tasks. They are involved in job interviews, they lead and motivate their staff, monitor their performance and do the evaluation interviews. The awareness of how important healthy and sustainable work relationships are, has grown strongly over the past decades, to the point where HRM is correctly seen as one of the most important domains in modern business. Human Resource Management Basics discusses a wide variety of HRM domains – from recruitment and selection to socialization and leadership, from monitoring and improving staff performances to restructurings and dismissals. We thereby combine the classic and new theories with new trends, techniques and business cases, integrating the academic and the professional worlds of HRM. We also merge insights from psychology and economics to acquire a broad understanding of HR choices and their effects. This makes Human Resource Management Basics a fine book for students and professionals who want to deepen their understanding of HRM. Human Resource Management Basics is a handbook loaded with examples and recent business cases, backed-up by scientific research; extended with online exercises for students and voice recordings from the author; useful for business professionals and students who want to acquire a strong and broad knowledge of HRM; updated using the feedback of dozens of lecturers who have used the handbook for years.

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This topical and timely book considers children's participation rights in the context of family law proceedings, and how their operation can be improved for the benefit of children and family justice systems globally. In doing so, it provides the pedagogical reasoning for child participation, as well as a thorough analysis of the relevant human rights instruments in this area, including the United Nations Convention on the Rights of the Child. This comprehensive book examines the way in which private international law instruments deal with child participation in separation/divorce, parental responsibility and child abduction proceedings. In addition, the book includes individual contributions from renowned family law experts from 17 countries who describe and analyse the local laws and exercise of child participation rights in their own jurisdictions. These insightful texts include the authors' views on the improvements needed to ensure that child participation rights are fully respected and implemented in the countries under review. A detailed comparative analysis follows which helpfully pinpoints both the key commonalities and differences in these global processes. Finally, the concluding chapter draws together the different perspectives revealed across the handbook, and identifies several key issues requiring further reflection from scholars, policy makers and family justice professionals. The International Handbook on Child Participation in Family Law is a rich source of information and essential reading for all those working in this important and evolving field.

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The fifty-seventh volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICC in the years 2011-2012. It provides the reader with the full text of the decisions identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions.

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