Search results for ""Intersentia Ltd""

The European Yearbook on Human Rights brings together renowned scholars, emerging voices and practitioners. Split into parts devoted to recent developments in the European Union, the Council of Europe and the OSCE as well as through reports from the field, the contributions engage with some of the most important human rights issues and developments in Europe. The Yearbook helps to better understand the rich landscape of the European regional human rights system and is intended to stimulate discussions, critical thinking and further research in this field.

Read more less

Over the years the European Union has expanded its legislation in the area of criminal law, criminal procedure and co-operation in criminal matters. This process led to an endless number of framework decisions, directives, regulations and other legal instruments. The fourth edition of Materials on European Criminal Law is a collection of legal instruments including all legal materials relevant for the practice of the Member States of the European Union in one concise volume. It incorporates the most relevant instruments in criminal law, and includes the most recent, such as the Trade and Cooperation Agreement with the United Kingdom. Materials on European Criminal Law in its fourth edition is available both as a hard copy and in electronic format and is useful for practitioners, academics and students alike.

Read more less

This sixty-sixth volume of the Annotated Leading Cases of International Criminal Tribunals contains the decision taken by the ECCC on 16 November 2018 in Case 002/02. It provides the reader with the full text of the decision, identical to the original version and including the separate opinion. A istinguished expert in the field of international criminal law has commented on this 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, ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. The 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 iCourts Centre of Excellence for International Courts, Denmark, and Adjunct Professor at the University of Hong Kong.

Read more less

Launched in 1993, The Common Core of European Private law is the oldest ongoing collective comparative law efort in Europe. Putting cases at their heart, each book in this series analyses a selected legal topic on the basis of real and fctional facts across diferent European and other jurisdictions. The likely outcome of the decision and its underlying legal rules are clearly set out case by case and jurisdiction by jurisdiction. In addition, the national reporters put the respective legal rules into the relevant cultural context. In this way, the collaborative efort brings not only the inner structures of national laws in Europe to the fore, but also the diferent cultural sensitivities forging their development in the frst place. It allows a reliable map of what is diferent and what is common in the various private laws across Europe to be drawn, without any specifc agenda for or against the further harmonisation of private law in Europe. The series comprises more than 20 volumes of work of more than 300 academics and is an invaluable tool to understand private law across Europe. In this book, which is part of the Common Core of European Private Law series, reporters consider legal institutions - such as the well-known acquisitive prescription and adverse possession - that allow squatters and other persons who have occupied the private or public land of others to acquire that land through mere long-term use. Rules permitting such acquisition have existed since Roman times and are said to promote legal certainty as regards ownership of land. The reporters investigate how these rules work in their legal systems today and whether this justifcation still holds water, especially given that land is now registered in most countries. Registration seems to obviate the necessity for rules permitting acquisition of land through mere long-term use, as land registration systems create clarity as to who owns the land. The continued existence of these rules also comprises a human-rights dimension. Landowners enjoy constitutional property protection under many constitutions and other legal instruments. The loss of protected ownership draws the constitutional validity of rules on long-term use into question. Yet, the rights to housing and human dignity are also relevant, especially where such users have lived on the land for extended periods and regard it as their home or where they are vulnerable to landlessness. As such, these rights must be balanced against each other. The reporters represent 19 jurisdictions from all over the world, including civil law, common law and mixed legal systems, and are from both the global north and the global south. A comparison between these legal systems and their experience with their rules on long-term use reveals a common core and guidelines against which these rules may be measured in other countries. As such, this book will be valuable to practitioners dealing with both private and public law, academic lawyers and government ofcials tasked with land use planning. With contributions by Miriam Anderson (University of Barcelona), Michel Boudot (Universite de Poitiers), Dmitry Dozhdev (Moscow School of Social and Economic Sciences), Magdalena Habdas (University of Silesia in Katowice), Karoline Rakneberg Haug (Norwegian Parliamentary Ombud for Scrutiny of the Public Administration), Bjoern Hoops (University of Groningen), Eran S. Kaplinsky (University of Alberta), John A. Lovett (Loyola University New Orleans College of Law), Ernst J. Marais (University of Johannesburg), Francesco Mezzanotte (University of Roma Tre), Matti Ilmari Niemi (University of Eastern Finland), Alasdair Peterson (University of Glasgow), Hector Simon (University Rovira i Virgili, Tarragona), Jozef Stefanko (University of Trnava), Johan Van de Voorde (University of Antwerp), Filippo Valguarnera (Stockholm University), Leon Verstappen (University of Groningen), Emma J.L. Waring (University of York) and Una Woods (University of Limerick).

Read more less

Ergrndet die Verfasserin die aktuellen rechtlichen Rahmenbedingungen fr eine schiedsgerichtliche Beilegung familienrechtlicher Streitigkeiten im deutschen und englischen Recht und deren Bedeutung in der Praxis.

Read more less

The European migration and asylum policy has been shaped by efforts to establish an efficient migration management system in order to protect the Area of Freedom, Security and Justice from the new security threat of 'irregular migration'. The extraterritorialisation of immigration control measures beyond territorial borders form part of this strategy and the EU-Turkey deal and the call for an increased cooperation with Northern Africa are but two examples. Pre-border control mechanisms composed of administrative, legislative and operational measures, are largely perceived as effective means to channel flows of migrants avoiding logistical and financial burdens for Member States. However, from a legal perspective, this shift to extraterritorial activities raises important questions related to the creation of zones in which responsibilities for legal norms related to the protection of refugees may be circumvented by States or any other actors involved in migration control activities. Protecting the Rights of Refugees Beyond European Borders tries to reconcile the motives behind extraterritorialisation strategies with actual legal consequences. It carefully examines the legal frameworks that govern situations in which a migrant meets an authority in the context of extraterritorial immigration control measures. The book approaches the topic from the hypothesis that international and European obligations do not only constrain extraterritorial acts of States or specialised agencies, but give rise to concrete legal responsibilities deriving from different legal regimes such as general international law, human rights law and EU law. In addition, it takes a more practical approach going beyond the normative establishment of legal responsibilities by investigating the actual possibilities to invoke eventual responsibilities for violations of fundamental guarantees occurring in the context of extraterritorial immigration control measures.

Read more less

Most North Sea states consider offshore wind energy as a substantial contributor for reaching their renewable energy targets. To date, the standard approach for transporting the electricity to shore is to connect each wind farm with an individual park-to-shore cable. However, due to the increasing distance from shore, the scarceness of acceptable cable routes and the potential conflicts with other users of the sea, new concepts are required. To harness offshore wind energy in a more efficient manner, the North Sea states thus consider to develop a transnational offshore grid. This book examines the legal frameworks applying to offshore grid development under international law, European Union law and national law. It reveals that these legal frameworks have not been developed to facilitate such complex (cross-border) infrastructure. It further identifies the main legal and regulatory barriers that a transnational offshore grid would face. Subsequently, the book gives recommendations on how to address these barriers and how to enable the offshore grid.This is the first academic contribution that examines the legal framework applying to the offshore grid and that establishes concrete legal solutions. Although the focus is on the North Sea, the book is also relevant for developing complex infrastructure in general.

Read more less

The financial crisis has literally stress tested the European Union and indeed continues to do so. It has already laid bare many fundamental issues and conundrums of the European Union and the European Unions legal system that had been waiting to be seriously addressed for quite a number of years.This book examines the consequences of the financial crisis for European Union law not only with respect to various specific areas of the law, namely contract law, company law, capital markets law, banking law, competition law, tax law, insolvency law, but also with respect to fundamental issues regarding the role and function of the European Union and European law.

Read more less

There is considerable pressure on Small Island Developing States globally to introduce or to strengthen intellectual property regimes. This pressure comes in a number of forms, including bilateral and multilateral Free Trade Agreement negotiations and development assistance programmes such as those of the World Intellectual Property Organisation. The aim of this book is to offer a competing model of intellectual property policy using the Pacific Islands as a case study. This competing model is one based on local conceptions of culture and indigenous understandings about use, knowledge and transfer of intangible property. Adopting such a base as a starting point will enable the weaving together of multiple regulatory strategies to facilitate the transfer of knowledge, stimulate and reward innovation and creativity, and protect rights over traditional knowledge in ways that have meaning and resonance for local populations. Elements of western intellectual property frameworks can also form important strands in intellectual property policies. However, these elements should be incorporated, and possibly reinterpreted, within the local framework.The approach advocated in this book opens up a number of different roads for intellectual property policy. First, it encourages the exploration of non-state regulatory mechanisms, such as customary norms and institutions, community protocols, and also membership of international NGOs, in regulating the use of intellectual property. In most Pacific Island countries there is little state capacity to implement and police intellectual property laws and so creative use should be made of the possibilities offered by non-state structures. Second, it suggests centralising culture and the protection of traditional knowledge at the heart of intellectual property policy, rather than treating it as a secondary issue to be dealt with by sui generis legislation. Here, traditional knowledge forms the basis of culture and development and cannot and should not be separated from modern or scientific notions of creativity and innovation. A pragmatic incremental approach to intellectual property policy development is also advocated, requiring countries to thoroughly assess the advantages and disadvantages of any new intellectual property law within their local context, to consider how to adaptively implement this in a way suited to the local context, as well as to realistically assess the state's capacity for enforcement. Finally, the book challenges a number of claims made about intellectual property law and development, demonstrating that a far more fine-grained analysis of the nexus between the two is required than currently offered by the WIPO Development Agenda.

Read more less

With the coming into force of the Treaty of Lisbon the competences of the European Union in the realm of criminal law have greatly expanded. The Union, in a multitude of legislative instruments, requires its Member States to criminalize a big variety of harmful conducts. However, the criminal law legislation of the European Union has so far almost exclusively focused on specific criminal offences and has failed to develop and define general principles of criminal law. The Union frequently refers to conduct, attempt and participation in its legislation but fails to determine what these concepts should denote to. As a result the scope of European criminal law may differ among European countries as Member States will apply their national doctrines to European legislation. This book aims to step in this lacuna by establishing what actus reus and rules on participation should look like in European criminal law. In addition it investigates inchoate offences and corporate criminal liability. How should the doctrines of conduct, omission and causation be defined? How to attribute liability in case several people cooperate to bring about a criminal result? What should preparing and attempting a crime denote to in European criminal law and how can corporations best be held responsible for the harm they have caused? To answer these questions this book distills common general principles on actus reus, participation, inchoate and corporate liability from the national criminal justice systems of the Member States as well as from European Union law. These results are subsequently merged into coherent principles of European criminal law.

Read more less

Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since known in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, with an implementation date of 21.5.2011, prescribes a set of minimum common rules on mediation for all EU Member States with the exception of Denmark. This book studies in depth the current legal framework in every EU Member State as regards mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. Every chapter on national law analyses both out-of-court and court-annexed mediation in the existing legal framework; the areas of law covered by mediation; the value and formal requirements of the agreement to submit any dispute to mediation; personal features and requirements for mediators; procedural requirements in the mediation procedure; the relationship between the mediator and public authorities; the outcome of the mediation procedure; and, in the scenario in which a mediation settlement is reached, its requirements and effects. The book is written by renowned specialists on mediation in Europe and aims to provide an exhaustive account for both scholars and practitioners in Europe and outside the continent.

Read more less

This book focuses on the legal governance of online platforms concerning direct and indirect discrimination against users in the housing, advertising, and labor markets. Through an extensive investigation of sources that include private company practices, antidiscrimination policies, collective and private litigation, court decisions, and public regulation, this book illustrates how statutory law and legal precedents in the E.U. and the U.S. are only partially equipped to address discrimination against statutorily protected classes in online platforms.In the analysis of the selected sources, the author showcases that the main obstacles to the full implementation of the equality principle rely on online platforms' structural challenges, including their aesthetic designs, matching tools, evaluation systems, and network effects that ultimately reinforce old biases against protected classes. In light of these structural challenges, the author concludes that the fight against discrimination in online platforms may produce the best results when oriented by a model of regulation that encourages private businesses to implement the principle of transparency, fairness and the active cooperation of antidiscrimination bodies.

Read more less

The book addresses the most pertinent theoretical and practical issues affecting the broad topic of harmonisation in the fields of environmental and energy law in a comprehensive and critical manner. In this respect, it constitutes a timely and meaningful contribution to the ongoing debate on the conceptual underpinnings, legal techniques and sector-specific problems concerned, while enriching the debate and promoting a more enhanced, coordinated regime to tackle environmental and energy issues in the European Union. Environmental legislation is often incoherent and fragmented, creating hurdles to its effective application. Consequently, rule makers need to resort to harmonisation, which is seen as referring to a number of techniques and instruments that all aim to clarify rules and establish a more coherent and solid legal framework. The book examines the merits of this approach within the context of the European Green Deal and the increasing urgency of the environmental and climate crisis, as well as the obstacles encountered and the questions arising from these complex processes. By bringing together more than fifteen renowned experts in the fields of European environmental and energy law, this book aims to dissect the most critical aspects of and obstacles in the process of strengthening coordination and, ultimately, effectiveness of the existing legal regimes in the field of environmental and energy law in the European Union while sparking further research in the field. Harmonisation in EU Environmental and Energy Law is highly recommended reading for legal scholars specialising in European environmental and energy law, as well as practitioners working in these fields.

Read more less

The sixty-second volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICC from 1 March 2014 to 22 May 2014. 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, ICTY, ICTR, ICC and other forms of international criminal adjudication.The Annotated Leading Cases of International Criminal Tribunals are also available online. The 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.

Read more less

European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice. The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers. European Employment Law is written for advanced students, academics and practitioners specialising in EU employment law.

Read more less

'Health and human rights' is an important dimension of international and European human rights and health law. It is multi-disciplinary, engaging scholars and practitioners of public health and medicine, as well as legal scholars and human rights lawyers. Taking a 'health and human rights approach' means applying international, regional and domestic human rights law to a wide range of health-related issues. Human rights law informs other areas of law that engage with health issues, including international and domestic health law, biolaw and bioethics, patients' rights, and environmental law. It brings a new, and often more international, as well as a moral dimension to existing legal analyses of health issues. This is essential in an increasingly interconnected and globalised world, where health concerns are omnipresent and can no longer be addressed solely at a domestic level. This book focuses on the legal interfaces between 'health' and 'human rights', taking both a global as well as a European approach. Globally, there are tremendous challenges when it comes to the protection of collective and individual health. Such challenges include weak (primary) healthcare systems, the spread of infectious diseases, such as COVID-19, and the increase of noncommunicable diseases (NCDs), as well as the health effects of air pollution and climate change. In such settings, human rights can, potentially, play an important role in protecting the rights of vulnerable individuals. It is a compelling framework for assessing these and other questions in the health field, as it couples health-related problems with a legal and moral dimension. The international recognition and definition of the 'right to health' is at the centre of this, but there are many other relevant human rights standards, including the right to life, the right to respect for privacy and family life, and the right to have access to information. International case law in the health field has made its mark when it comes to matters like access to health services, abortion, and inhuman and degrading treatment in health settings. Increasingly, links are being sought between human rights and other international standards protecting health, in particular the standards adopted by the World Health Organization (WHO). The European context is, to some extent, a region sui generis, not only in terms of health issues and health outcomes, but also from a political and legal perspective. The authoritative case law of the European Court of Human Rights (ECtHR) of the Council of Europe has increasingly touched upon health-related issues. Health and Human Rights brings together contributions from human rights and health law experts from three different countries in Northern Europe. Together, the chapters give a rich account of the legal and interdisciplinary aspects and perspectives related to 'health and human rights'. This book is of interest to lecturers, students, practitioners and law- and policymakers and offers up-to-date analyses of crucial human rights issues in modern healthcare, practices and regulations in Europe and beyond.

Read more less

During and after the 2007-2009 global financial crisis, emerging market economies displayed remarkable resilience and maintained robust rates of economic growth. Learning from the lessons of the crises of the past 15 years, developing countries have adopted measures to become less vulnerable to the external shocks that are likely to emerge from more developed countries. Academics and policymakers have focused on the construction of an appropriate regulatory and supervisory framework for the banking sector. During the 2007-2009 global crisis, banks were engaging in excessive risk taking. Prudential banking regulation and supervision aim to curb excessive risk taking by banks because engaging in excessive risky transactions is the ultimate source of instability. Hence, banking regulation is needed to deal with the failure of markets to police banks' risky behaviours.This book discusses the impact of regulations and supervision on banks' performance, focusing on two emerging market economies, Turkey and Russia. It examines the way in which regulations matter for financial stability and banking performance from a law and economics perspective. Some of the regulations contribute to banks' performance by reducing the incentive for banks to take risks, hence supporting financial stability; others however may have a detrimental effect on financial stability. Moreover, banks react differently to regulation under different institutional settings. Therefore, this book takes up the debate on the efficiency of certain solutions and approaches to banking regulation in the context of emerging countries.

Read more less

This book examines how international judicial and non-judicial bodies in Europe address the needs of the families of forcibly disappeared persons. The needs in question are returning the remains of disappeared persons; the right to truth; the acceptance of responsibility by states; and the right to compensation. These have been identified as the four most commonly shared basic and fundamental needs of families in which an adult was disappeared many years previously and is now assumed to be dead, which is representative of the situation of the vast majority of families of disappeared persons in Europe. The families of disappeared persons have an increasing number of international mechanisms through which they can attempt to address their needs. The proliferation of such mechanisms gives victims of enforced disappearance in Europe access to many different international procedures. At the same time, however, a functional analysis of the specific organs involved has shown that they respond to the needs of families to varying degrees. This results from the differences in their competences as well as those in their jurisprudence. There is no international instrument or mechanism capable of fully satisfying the four basic needs of the families of disappeared persons. However, in Europe, these families do have the possibility to make use of various judicial and quasi-judicial means and mechanisms which - if the states involved would properly execute the judgments or cooperate with the proper bodies - could lead to the return of the remains of disappeared persons, to obtaining knowledge about their fates, and to receiving financial compensation. The analysis covers the judgments and decisions of the European Court of Human Rights, the UN Human Rights Committee, the International Criminal Tribunal for the former Yugoslavia, the Human Rights Chamber for Bosnia and Herzegovina, the Human Rights Advisory Panel in Kosovo, as well as the activities of the Committee on Missing Persons in Cyprus, the Special Process on Missing Persons in the Territory of former Yugoslavia, the UN Committee on Enforced Disappearances and the International Commission on Missing Persons. In so doing, the book demonstrates whether, how, and based on what principles these four needs of the families of disappeared persons can constitute a claim based on international human rights law.

Read more less

This book extensively analyses obligations connected to property rights, or 'real obligations', in a comparative perspective through a study of Belgian, French, Dutch and Scots law. Examples of real obligations are the periodical payment obligation of a long lease holder, the maintenance of the property subject to a servitude and the financial contributions by apartment owners. A real obligation differs in several aspects from a personal obligation. A real obligation is for instance so closely connected to a property right that the obligation transfers automatically to the transferee of the property right. After defining real obligations and the exclusion of several related legal mechanisms in Part I, the regime of real obligations is analysed in Part II. The liability of both the transferor and transferee for real obligations, which are for many property rights underregulated, for instance, are analysed in detail. Those findings are applied to the specific property rights in Part III, so that particular problems for a specific property right are also analysed and, where possible, solved. For instance the role of party autonomy in the creation of a long lease right is studied. Also the different obligations which can be connected to a servitude are delineated. Part IV deals with legal mechanisms most of which have recently been introduced, allowing to connect obligations to a piece of property, outside the traditional framework of property rights, such as the Dutch 'qualitative obligation' and the French obligation reelle environnementale. The book ends with a discussion of the possibility and desirability of the (broader) introduction of such real obligations, which could entail the introduction of new property rights sui generis.

Read more less

This book looks back on 25 years of pioneering EU trade mark practice, as viewed by various experts from all over Europe. EU trade mark law - and by extension, trade mark law of the EU Member States - has substantially evolved during these past 25 years. The success of the EU trade mark resulted in a shift from a 'bottom-up' harmonization of national trade mark systems to a 'top-down' approach, based on the EU trade mark system. The first two contributions focus on the EUIPO's convergence efforts with the national trade mark offices and the impact of EU case law on national trade mark practice, respectively. Further on the evolution of the EU trade mark system is addressed through a wide variety of subjects of substantive law. The last chapter offers and analysis of the impact of Brexit on EU trade marks. Flip Petillion (editor) is a leading domestic and international dispute resolution counsel and arbitrator and regularly publishes on various topics related to intellectual property and arbitration (PETILLION, Belgium). With contributions by Ana-Maria Baciu and Andreea Bende (Simion & Baciu, Rumania), Alexander Schnider (GEISTWERT, Austria), Claus Barrett Christiansen and Maria Rose Kristensen (Bech-Bruun Law Firm, Denmark), Diego Noesen (PETILLION, Belgium), Gerard Kelly and Jane Bourke (Mason Hayes & Curran LLP, Ireland), Jan Peter Heidenreich (Preu Bohlig, Germany), Eva Lachmannova (Sindelka & Lachmannova, Czech Republic), Matthew Harris (Waterfront Solicitors LLP, UK), Paul Micallef Grimaud and Nikolai Lubrano (Ganado Advocates, Malta), Richard Wessman, Stojan Arnerstal and Sofia Bergenstrahle (Vinge, Sweden)

Read more less

This fifty-fifth volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the ICTY in the years 2011-2012. 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 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: www.annotatedleadingcases.com/about.aspx.

Read more less

This book includes the conference proceedings of a conference in September 2019. The Institute for Property Law of the University of Leuven had the opportunity to welcome numerous authoritative legal scholars to debate on the impact of sustainability challenges on the crossroads between contract and property. While environmental issues, and more broadly sustainability, are often conceived as a matter of public law, if a matter of law at all, in recent years, also private law aims to join in. More fundamentally, environmental law could challenge the main division in private law, the division between contract and property. Fundamental rules of traditional private law, with strong historical roots, such as the privity of contracts, the closed system of property rights, the praedial rule with regard to servitudes, etc. are under pressure. The contributions of this book therefore are situated at the point of encounter of at least three fields of law: environment, contract and property. Very often, a fourth field of law joins this encounter: the constitutional protection of ownership plays a major role in the described challenges. The contributions in this book are on the one hand, careful analyses of national laws, and on the other hand, more general views on the interplay between property law and sustainability.

Read more less

This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia in this book CEFL experts and other legal scholars address the CEFL and its Principles, the interrelation of family law and family sociology, family migration, childrens and womens fundamental rights, as well as the developing concept of parenthood, the role of children in family proceedings, extra-judicial divorces and ADR in family matters.While the development of modern trends in European family law is going on, some new challenges arise and old challenges remain. The awareness of more plurality and diversity in family relationships is increasing. Both pose problems. New legal solutions have to be integrated into the existing family law system. On the other hand, there are tensions between modern fundamental values and traditional religious solutions. For both a deeper analysis is necessary.The conference, and in turn the book, aims to enhance the exchange of ideas and arguments on comparative and international family law in Europe.

Read more less

This book offers an innovative and systematic analysis of the new rules on consumer sales contracts in several EU Member States after the implementation of Directive 2011/83/EU on consumer rights. The national reports, all written by highly respected authors, focus in particular on the scope of application of the implementing provisions of the Consumer Rights Directive and their interplay with the already existing rules on consumer contracts, as well as on the relationship between the national 'special' rules concerning consumer sales and the general domestic rules on sales contracts. Furthermore, each contribution looks ahead by weighing the future development of European contract law and its possible interaction with national regulation of consumer sales. The book therefore addresses not only academics but also practitioners and members of the European institutions who are dealing with the task of shaping new European consumer and contract law.

Read more less

Every four years the International Academy of Comparative Law (IACL) organises an International Congress of Comparative Law. The 2014 congress was held in Vienna. In preparation of the congress the IACL has drawn up a list of topics and has asked the national associations of comparative law to invite authors to write a national report on the various topics. At the same time a general reporter has been appointed for each topic who will write a general report on the basis of the various national reports that have been written on that topic.Every four years the Netherlands Comparative Law Association publishes all national reports written by the Dutch reporters. This book contains all Dutch national reports written for the Vienna Congress 2014.

Read more less

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.

Read more less

The history of international law is replete with concepts that have generated change: individual criminal responsibility, common heritage of mankind and sustainable development to name but a few. These are concepts that have influenced the scope, structure and purpose of international law. This book explores the extent to which Responsibility to Protect (R2P) possesses the same transformative potential, showing how R2P shifts our understanding of both the potential and practice of international law. Responsibility to Protect is both an ambitious and an ambiguous concept in international law. Ambiguity creates space for debate and the potential for legal development, but it may also generate misunderstanding, false expectations and uncertainty. Despite its ambiguity, R2P has quickly found a place within international legal texts. At the same time its ambiguity or rather the tensions the concept generates has also helped generate an enormous range of scholarship. This collection of essays presents a more fundamental critical evaluation of R2P, exploring how it interacts with existing concepts and values, and how this influences normative developments within international law. In particular, the essays explore the influence of R2P upon sovereignty as responsibility, the continued advance of positive human rights obligations and the safeguarding of international community interests.These themes are explored in a range of essays written by new and established scholars. The essays explore the moral and political foundations of R2P, the expansion of R2P to non-state actors, and the interaction between R2P and certain branches of international law, such as use of force, responsibility as liability, humanitarian law and international criminal law.

Read more less

Bills of rights are currently a much debated topic in various jurisdictions throughout the world. Almost all democratic nations, with the exception of Australia, now have a bill of rights. These take a variety of forms, ranging from constitutionally entrenched bills of rights, such as those of the United States and South Africa, to non-binding statements of rights. Falling between these approaches are non-entrenched, statutory bills of rights. As regards the latter, a model which has become increasingly popular is that of bills of rights based on interpretative obligations, whereby duties are placed upon courts to interpret national legislation in accordance with human rights standards. The aim of this book is to provide a comparative analysis of the bills of rights of a number of jurisdictions which have chosen to adopt such an approach. The jurisdictions considered are New Zealand, the United Kingdom, the Australian Capital Territory and the Australian state of Victoria. There have been very few books published to date which contain detailed comparative analysis of the bills of rights which this book will address. The book adopts a unique thematic approach, whereby six aspects of the bills of rights in question have been selected for comparative analysis and a chapter is allocated to each aspect. This approach serves to facilitate the comparative discussion and emphasise the centrality of the comparative methodology. About the author The author is a lecturer in the School of Law, Queen's University Belfast. She was awarded a LL.B. with First Class Honours in 2002, a LL.M. in Human Rights Law with Distinction in 2003, and a Ph.D. in 2006, all by Queen's University Belfast. She qualified as a solicitor in 2008 and joined the School of Law at Queen's as a lecturer in 2009. The author's research interests lie in the area of international human rights law.

Read more less

This forty-sixth volume of annotated leading case law of international criminal tribunals contains decisions taken by Special Court for Sierra Leone 1 January 2008 - 18 March 2009. 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.

Read more less

This forty-third volume of annotated leading case law of international criminal tribunals contains decisions taken by the Extraordinary Chambers in the Courts of Cambodia between 2007 and 2010. 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.

Read more less

Enterprise foundations are foundations which own companies. The term is not widely known, but many will recognize the names of companies like Bosch, Bertelsmann, Carlsberg, Hershey, Rolex, Investor or Tata Sons, which are owned by foundations or equivalent entities - stiftungen, trusts, fonde, stichtingen etcetera - whose names reflect their legal and national origins. Although enterprise foundations have been around for more than a century, they have recently attracted attention as embodiments of the purpose-driven company advocated by Colin Mayer, the British Academy, the World Economic Forum, George Serafeim and others. Many foundations are non-profits without a personal profit motive, which sets them aside from other corporations. Instead, they are legally bound by their purpose, which is typically to secure the longevity and independence of the companies that they own and to contribute to society through philanthropy. As perpetuities which cannot be dissolved, they are long-term owners. However, not all enterprise foundations are equally idealistic. Some have strong ties to the founding family and continue to support its descendants. Others similarly have ties to the government organizations, cooperatives or associations that helped establish them. This book will delve into the motivations and circumstances resulting in these fascinating divergences. Enterprise foundation law differs greatly around the world. Very few countries, like Denmark, have codified civil and tax law on the topic. Some - such as, until recently, the US - have effectively banned them. Others, like Germany, seek to limit foundation involvement in the underlying businesses. The tax treatment of foundations also varies considerably. Clearly there is much to be learned by mapping and analyzing the diversity here. This book provides an overview of enterprise foundation law in six European countries - Germany, Austria, Sweden, Denmark, Switzerland and Italy - which all host a number of important foundation-owned companies. A chapter on the US discusses to what extent enterprise foundations are permissible in the US. The book provides answers to the following questions on the subject: - Does foundation law allow enterprise foundations? If yes, with what qualifications? - Are enterprise foundations commonly used? What are the reasons for their popularity or lack of it? - What rules are in place regarding the purpose a foundation must have? Does running an enterprise alone suffices as a purpose for a foundation? - Does the law impose specific rules on foundation governance? - Are enterprise foundations subject to supervision by a public body? - To what extent are foundation enterprises favoured by the tax system? This book is written by prominent law professors from seven different legal systems. A final, concluding chapter compares foundation law in the seven nations. Although all countries permit enterprise foundations in some forms, Enterprise Foundation Law in a Comparative Perspective demonstrates that great differences can be found in the relevant civil and tax laws, which influence their prevalence and governance.

Read more less

Business has become more international and as a consequence Belgian business contracts are increasingly being concluded in English. This reference book brings together a number of contracts that are governed by Belgian law but drafted in English. Each model is preceded by a short introduction summarizing the most salient provisions of Belgian law relevant to that particular contract. Also, in most models, different options and alternative wording are included. The templates in this book will serve as a useful guidance for drafting a number of contracts and clauses under Belgian business law.

Read more less

Over the last decade, trans rights and gender variation as legal and a human rights issues have been high on the international and national agendas. Improved registration of and attention for gender variation and gender incongruence is accompanied by attention for the often far-reaching requirements that trans persons have to comply with in order to obtain legal recognition of their actual gender identity. A small but rapidly growing number of (mostly European and South American) States have recently reformed their legal frameworks of gender recognition by allowing trans persons to change their official sex registration on the basis of gender self-determination.Against that background, this book brings together international experts to discuss questions and challenges relating to the legal articulation of the emerging right to gender self-determination and its consequences for law and society, such as the future of sex/gender registration and the protection of trans persons against discrimination. Given the importance of State practice for the development of the right to gender self-determination and its implementation in law, particular attention is given to the national contexts of Belgium, Germany and Norway. These three countries may be perceived as world leaders in protecting trans rights, and therefore noteworthy 'laboratories' for future State practice.

Read more less

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). The ageing population poses a huge challenge to law and society and has important structural and institutional implications. This book portrays elder law as an emerging research area and brings together authors from different disciplines (history, sociology and law) and from different legal jurisdictions (Austria, Belgium, England, Germany, the Netherlands and Spain). Topics discussed inter alia include: the recognition of informal care in private law and in inheritance law, the question of whether special consumer protection is needed for the elderly, intergenerational support duty between children and their parents, and public law offering options to support informal care by means of leaves for employees. In doing so, this book reflects on the allocation of responsibilities between different actors and answers questions at an institutional level: what is the role of the state, the family and the individual in taking care of the elderly? This book will appeal to academic scholars and postgraduate students of law and social sciences. With contributions by Elisabeth Alofs (Free University of Brussels), Susanne Burri (Utrecht University), Christian Dorfmayr (University of Vienna), Susanne Heeger-Hertter (Utrecht University), Leen Heylen (Thomas More University of Applied Sciences), Jeroen Knaeps (Thomas More University of Applied Sciences), Dimitri Mortelmans (University of Antwerp), Froukje Pitstra (University for Humanistic Studies), Jordi Ribot (University of Girona), Wendy Schrama (Utrecht University), Ute Christiana Schreiner (University of Vienna), Brian Sloan (University of Cambridge), Veerle Vanderhulst (Free University of Brussels) and Frauke Wedemann (University of Munster).

Read more less

This fifty-ninth volume of annotated leading case law of international criminal tribunals contains the Nyiramasuhuko et al judgment of the ICTR of 14 December 2015. 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.

Read more less

What determines a company's financial health and what drives company value? Knowledge on financial analysis and business valuation is not always accessible for non-financial specialists such as managers with a more strategic focus. Nevertheless, having this intellectual skill-set can leverage your ability to make better strategic decisions. Therefore, the authors have structured this book in a way that enables non-specialists to grasp all relevant financial information using tools that allow efficient financial analyses.For the non-financial experts the book starts by presenting the essentials of financial analysis and business valuation in a structured way. However, this book is not only written for non-financial specialists as also more experienced readers may find new perspectives for conducting financial analyses. Professionals who work with relatively 'static' financial data concerning solvability and debt will welcome the more dynamic financial toolset incorporated in this book. This toolset will enable them to get to the heart of the (financial) matter faster by focusing on relevant data. By making the relevant financial analyses this book gives the reader a better insight in the companys value. Not just by explaining theory, but by also showing how you can use the output of the financial analyses to challenge the forecasted data that will determine the price you get or have to pay.

Read more less

This book focuses on private enforcement of investor protection rules in Belgium, the Netherlands, Germany, France, the UK and the USA. It examines whether and to what extent investors can claim damages for losses incurred following breaches of specific investor protective rules contained in EU capital market law. The author concentrates on the difficulties and problems in assessing causation and loss. She particularly focuses on those protective rules aimed at empowering investors to assess the variety of investment products and strategies and enabling them to make wellinformed investment decisions, with or without the professional assistance of financial service providers. Analysing the difficulties investors encounter to recover losses following misleading disclosures to the market, incomplete or inaccurate financial advice or improper asset management, it was established that the notions causation and recoverable loss lack consistency and coherence. Hence, this book formulates practical and useful solutions to the evidential and/or conceptual problems investors encounter in seeking remedies for their alleged losses.

Read more less

This volume considers the important and timely question of criminal justice as a method of addressing state violence committed by non-democratic regimes. The book's main objectives concern a fresh, contemporary, and critical analysis of transitional criminal justice as a concept and its related measures, beginning with the initiatives that have been put in place with the fall of the Communist regimes in Europe in 1989.The project argues for rethinking and revisiting filters that scholars use to interpret main issues of transitional criminal justice, such as: the relationship between judicial accountability, democratisation and politics in transitional societies; the role of successor trials in rewriting history; the interaction between domestic and international actors and specific initiatives in shaping transitional justice; and the paradox of time in enhancing accountability for human rights violations. In order to accomplish this, the volume considers cases of domestic accountability in the post-1989 era, from different geographical areas, such as Europe, Asia and Africa, in relation to key events from various periods of time. In this way the approach, which investigates space and time-lines in key examples, also takes into account a longitudinal study of transitional criminal justice itself.

Read more less

This book explores the international jurisprudence on Article 79 of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), which is, perhaps, one of its most contentious provisions. The author's premise is that Article 79 - which concerns exemptions for contractual non-performance due to an "impediment" beyond a party's control - should be interpreted autonomously, that is, as an international norm, without reference to domestic legal concepts and principles. To this end, he considers the application of Article 79 by courts and arbitral tribunals across a number of signatory states. The examination of Article 79 provides the focus and the depth of analysis necessary to draw firm conclusions regarding the development and treatment of an important, but problematic, legal doctrine. This doctrine is common, in various guises, to all the major legal regimes of the world. By studying the treatment of Article 79 by the courts and arbitral tribunals of various states, differences in doctrine and case law are discerned. Disparities in the national treatment of Article 79 are also examined within the context of globalization and the advent of international trade. The extent of conceptual differences towards the doctrine of excuses for non-performance helps to determine whether the CISG's goal of sales law harmonization and uniformity is ultimately achievable. The answer is of crucial importance to the international commercial parties involved in the burgeoning realm of global trade.

Read more less

This book contains selected contributions from the third Young Property Lawyers Forum (YPLF) and the YPLF Masterclass 2012. It offers new perspectives on property theory, constitutional property law, and private law-property law. Under these headings, young and renowned property law scholars present their current research and offer an exciting look into the challenges property law faces in the 21st century. In November 2012 the YPLF met in Stellenbosch, South Africa for the Forum's third edition. It is an informal network of young property law researchers that seeks to bring together property law researchers from around the world and to enable them to discuss their work with each other and with more experienced researchers. On this occasion a special Master Class was held after the YPLF in which some of the world's leading property law scholars presented their research. The YPLF continues to form a network for property law researchers around the word, leading to more conferences and publications.

Read more less

This book responds to the current intriguing questions concerning the impact of the choice of law rules on the free movement of companies by analysing the most recent ECJ decisions, EU legislature and doctrine. It addresses vigorous discussions and a multitude of legal issues concerning European company law, comparative law and private international law in way that is useful both for the legal practitioners and academics. The author studies in great detail the ECJ's attitude towards the different connecting factors in private international law. This analysis is developed through a functional presentation of the case law concerning the distinction between the transfer of the real seat on the one hand and the registered office on the other. This method emphasises the consistent approach of the ECJ as well as ensures a clear functional analysis of both immigration and emigration of companies. In view of this background, the existing harmonisation measures as well as the planned directives and regulations (the company law directives and supranational company forms like the European Company and the planned European Private Company) are also outlined. The author furthermore advocates an active harmonisation process. Apart from the European level, the legal doctrines from several Member States are discussed as well. All this provides a wide and up-to-date picture of current European company law and how it is shaped by private international law. About the book 'Ms Myszke's book rests upon a close analysis of pertinent sources and sheds light on the many issues concerning the relationship between a company's right of establishment and conflict of laws. The thesis developed by Ms Myszke will certainly inspire and convince readers, thanks to her systematic approach, the detailed examination of cases, legislation and doctrine and the elaboration of sound and creative points of view.' Prof. dr. Johan Meeusen, Full Professor of European Union Law and Private International Law, University of Antwerp (Belgium)

Read more less

This book is the result of the second edition of the Young Property Lawyers Forum (YPLF), an informal network of young property law researchers. The YPLF aims to bring property law scholars together from around the world and enable them to discuss their work with each other and with more experienced researchers. This book contains the contributions of the second edition of this conference which took place in Maastricht. The different chapters in the book deal with new developments in property law that challenge traditional property law theory. Although they deal with various aspects of property law, such as virtual property, prescription, and EU property law, they all share a vision on how to give shape to the property law of the 21st century. The Young Property Lawyers Forum (YPLF) continues to form a network for property law researchers around the world with new conferences and publications for both beginning and more advanced scholars.

Read more less