Search results for ""Intersentia Ltd""
Intersentia Ltd European Yearbook on Human Rights 2020
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.
£62.33
Intersentia Ltd Materials on European Criminal Law: Fourth Edition
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.
£89.68
Intersentia Ltd The Acquisition of Immovables through Long-Term Use
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).
£172.09
Intersentia Ltd Protecting the Rights of Refugees Beyond European Borders: Establishing Extraterritorial Legal Responsibilities
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.
£52.44
Intersentia Ltd Discrimination in Online Platforms: A Comparative Law Approach to Design, Intermediation and Data Challenges
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.
£162.54
Intersentia Ltd Harmonisation in EU Environmental and Energy Law
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.
£89.25
Intersentia Ltd Annotated Leading Cases of International Criminal Tribunals - volume 62: The International Criminal Court 2014
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.
£189.44
Intersentia Ltd European Employment Law
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.
£203.78
Intersentia Ltd Real Obligations at the Edge of Contract and Property
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.
£167.94
Intersentia Ltd Annotated Leading Cases of International Criminal Tribunals - volume 55: The International Criminal Tribunal for the Former Yugoslavia 2011-2012
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.
£195.79
Intersentia Ltd Beyond Responsibility to Protect: Generating Change in International Law
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.
£85.86
Intersentia Ltd The African Continental Free Trade Area and the Future of Investor-State Dispute Settlement
£97.23
Intersentia Ltd Enterprise Foundation Law in a Comparative Perspective
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.
£78.30
Intersentia Ltd Standard Business Contracts
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.
£187.85
Intersentia Ltd Protecting Trans Rights in the Age of Gender Self-Determination
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.
£35.75
Intersentia Ltd Bulgarian Private Law at Crossroads
£70.58
Intersentia Ltd Crypto-assets: the European Legal Framework
£161.55
Intersentia Ltd European Energy Law Report XIII
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''
£99.41
Intersentia Ltd Annotated Leading Cases of International Criminal Tribunals - volume 68: International Criminal Tribunal for the Former Yugoslavia, 1 February 2015 - 29 June 2016
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.
£215.36
Intersentia Ltd European Legal Methodology, 2nd Edition, 7
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.
£148.86
Intersentia Ltd Financial Management in Practice (second edition)
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".
£61.30
Intersentia Ltd Annotated Leading Cases of International Criminal Tribunals - Volume 54: International Criminal Tribunal for the Former Yugoslavia 2009-2011
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.
£194.20
Intersentia Ltd Motive Matters!: An Exploration of the Notion 'deliberate Breach of Contract' and Its Consequences for the Application of Remedies
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.
£65.10
Intersentia Ltd Corporate Insolvency Law, 2nd edition: A Comparative Textbook
£93.24
Intersentia Ltd The Child's Right to Participate in Family Law Proceedings: Represented, Heard or Silenced?
£160.76
Intersentia Ltd Boundaries of Information Property
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).
£160.76
Intersentia Ltd Party Autonomy in EU Private International Law: Choice of Court and Choice of Law in Family Matters and Succession
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.
£100.45
Intersentia Ltd Children and Justice: Overcoming Language Barriers: Cooperation in interpreter-mediated questioning of minors
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.
£72.63
Intersentia Ltd Human Resource Management: Basics (Third Edition)
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.
£42.75
Intersentia Ltd International Handbook on Child Participation in Family Law, 51
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.
£100.45
Intersentia Ltd Contractualisation of Civil Litigation
£189.44
Intersentia Ltd Comparing Online Legal Education: Past, Present and Future
£116.14
Intersentia Ltd Contemporary Challenges to the Teaching of Comparative Law: Ceremony of 16 May 2022 in Honour of 5 Great Comparatists
£68.35
Intersentia Ltd The European Convention on Human Rights and its Impact on National Private Law: A Comparative Perspective
£97.23
Intersentia Ltd Annotated Leading Cases of International Criminal Tribunals - volume 57
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.
£117.96
Intersentia Ltd Die Familienschiedsgerichtsbarkeit in Recht und Praxis: Eine rechtsvergleichende Untersuchung des deutschen und englischen Rechts
Ergrndet die Verfasserin die aktuellen rechtlichen Rahmenbedingungen fr eine schiedsgerichtliche Beilegung familienrechtlicher Streitigkeiten im deutschen und englischen Recht und deren Bedeutung in der Praxis.
£142.69
Intersentia Ltd A Legal Framework for a Transnational Offshore Grid in the North Sea
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.
£145.78
Intersentia Ltd EU Law after the Financial Crisis
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.
£80.88
Intersentia Ltd Weaving Intellectual Property Policy in Small Island Developing States
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.
£62.61
Intersentia Ltd Actus Reus and Participation in European Criminal Law
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.
£97.91
Intersentia Ltd Civil and Commercial Mediation in Europe: Cross-Border Mediation: Volume II
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.
£147.36
Intersentia Ltd EU Marks a Quarter of a Century
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)
£88.09
Intersentia Ltd Plurality and Diversity of Family Relations in Europe
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.
£84.99
Intersentia Ltd Consumer Sales in Europe: After the Implementation of the Consumer Rights Directive
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.
£59.24
Intersentia Ltd Netherlands Reports to the Nineteenth International Congress of Comparative Law: Vienna 2014
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.
£76.75
Intersentia Ltd European Yearbook of Disability Law: Volume 5
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.
£92.76
Intersentia Ltd Bills of Rights: A Comparative Perspective
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.
£69.26
Intersentia Ltd Annotated Leading Cases of International Criminal Tribunals - volume 46: Special Court for Sierra Leone 1 January 2008 - 18 March 2009
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.
£186.51