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  • BSZ  (10)
  • Frobenius-Institut
  • 2010-2014  (10)
  • Berlin, Heidelberg : Springer  (10)
  • Law  (10)
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Years
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  • 1
    ISBN: 9783642406898
    Language: English
    Pages: Online-Ressource (XVIII, 228 p, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Grover, Sonja C. The torture of children during armed conflicts
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    Keywords: Criminology ; Law ; Law ; Criminology ; Internationaler Strafgerichtshof ; Völkerstrafrecht ; Kind ; Folter ; Bewaffneter Konflikt ; Menschenrecht
    Abstract: This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court’s reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined
    Description / Table of Contents: Part I Introduction: Contentious issues regarding what constitutes torturePart II Re-examining ICC cases involving the torture of children where torture was improperly not charged: The UN designated six most grave crimes against children as torture -- Part III A consideration of ICC cases in which torture was charged: Disregarding children as the particularized targets of torture in cases where torture was charged -- Part IV Conclusion: The de-politicization/denigration of children due to the disregard of children as the particularized targets of torture.
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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  • 2
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer
    ISBN: 9783642372735
    Language: English
    Pages: Online-Ressource (XXIII, 304 p. 19 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Sciences and Law
    Parallel Title: Druckausg. Vormbaum, Thomas, 1943 - A Modern History of German Criminal Law
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    Keywords: Criminal Law ; Criminology ; Law ; Deutschland ; Strafrecht ; Geschichte
    Abstract: Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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  • 3
    ISBN: 9783642552656
    Language: English
    Pages: Online-Ressource (XI, 168 p. 5 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Sciences and Law
    Parallel Title: Druckausg. Guan, Wenwei Intellectual property theory and practice
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    Keywords: Law ; China ; Accord sur les aspects des droits de propriété intellectuelle qui touchent au commerce : 1994 ; Transformation ; Geistiges Eigentum ; Rechtsphilosophie
    Abstract: This book explains China’s intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China’s compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author’s critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel’s property theories internalizes a theoretical paradox. “Professor Wenwei Guan’s treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China’s intellectual property protection system and the broader process of China’s international engagement.” - Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada “Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS’s ‘birth defect’ can be overcome and its evolution can be put back on the right track.” - Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University
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  • 4
    ISBN: 9783642282461
    Language: English
    Pages: Online-Ressource (IX, 304 p. 1 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Sciences and Law
    Parallel Title: Druckausg. Marchuk, Iryna The fundamental concept of a crime in international criminal law
    Parallel Title: Erscheint auch als The fundamental concept of crime in international criminal law
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    Keywords: Criminal Law ; Law ; Internationales Strafrecht ; Verbrechen ; Strafrechtstheorie ; Völkerstrafrecht
    Abstract: This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions
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  • 5
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg | Berlin, Heidelberg : Springer
    ISBN: 9783642342554
    Language: English
    Pages: 1 Online-Ressource (XVI, 244 p)
    Series Statement: Special Issue
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    DDC: 343.07
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    Keywords: World Trade Organization ; Europäische Union ; International Economic Law, Trade Law ; European Law ; Dispute Resolution, Mediation, Arbitration ; Mediation ; Dispute resolution (Law) ; Conflict management ; Handelsrecht ; Aufsatzsammlung ; Aufsatzsammlung ; Europäische Union ; World Trade Organization ; Handelsrecht
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 6
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer
    ISBN: 9783642337994
    Language: English
    Pages: Online-Ressource (XIII, 331 p. 10 illus, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Lopp, Leonie Regulations regarding living organ donation in Europe
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    Keywords: Transplantation of organs, tissues, etc ; Medical ethics ; Public health laws ; Law ; Europäische Union ; Lebendspende ; Rechtsvereinheitlichung ; Europäische Union ; Lebendspende ; Rechtsvereinheitlichung
    Abstract: Organ transplantation is a much-discussed subject, and the importance of living organ donation is increasing significantly. Yet despite all efforts, too few donor organs are available to help all patients in need. This book analyses whether the national legal regulations are also partly responsible for the organ shortage in the Member States of the European Union. In addition to a detailed analysis of the various national regulations, the main arguments in favour of and against legal restrictions on living organ donation are considered. Furthermore, the European Unions authority is investigated, namely, whether it is entitled to establish statutory provisions for the Member States with respect to a harmonized regulation of living organ donation. Based on the results of the analysis, the author establishes a Best Practice Proposal for living organ donation.
    URL: Cover
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  • 7
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer
    ISBN: 9783642224744
    Language: English
    Pages: Online-Ressource (X, 398 p. 9 illus, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Science and Law
    Parallel Title: Buchausg. u.d.T. eHealth: legal, ethical and governance challenges
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    Keywords: medicine Philosophy ; Public health ; Medical records Data processing ; Public health laws ; Law ; Electronic Medical Records ; Hardback ; Healthcare ; Medical Informatics ; Professional/practitioner ; Telemedicine ; eHealth ; Aufsatzsammlung ; Europa ; USA ; E-Health ; Recht ; Ethik ; Governance
    Abstract: This publication identifies and discusses important challenges affecting eHealth in the EU and North America in the three areas of law, ethics and governance. It makes meaningful contributions to the eHealth discourse by suggesting solutions and making recommendations for good practice and potential ways forward. Legal challenges discussed include issues related to electronic medical records, telemedicine, the Internet and pharmaceutical drugs, healthcare information systems and medical liability. Ethical challenges focus on telehealth and service delivery in the home, Web 2.0 and the Internet, patient perceptions and ethical frameworks. Governance challenges focus on IT governance in healthcare, governance and decision-making in acute care hospitals, and different models of eHealth governance. The publication provides useful support materials and readings for persons active in developing current understandings of the legal, ethical and governance challenges involved in the eHealth context.
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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  • 8
    ISBN: 9783642355974
    Language: English
    Pages: Online-Ressource (XIV, 318 p, digital)
    Series Statement: Hamburg Studies on Maritime Affairs, International Max Planck Research School for Maritime Affairs at the University of Hamburg 24
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Engels, Urs Daniel European ship recycling regulation
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    Keywords: Industrial organization (Economic theory) ; Environmental economics ; Law ; Law ; Industrial organization (Economic theory) ; Environmental economics ; Environmental economics ; Industrial organization (Economic theory) ; Law ; Europa ; Schiff ; Recycling ; Seevölkerrecht
    Abstract: This study provides an in-depth analysis of the Hong Kong Ship Recycling Convention as adopted in May 2009 and a thorough analysis of the overall status quo of ship recycling regulations. It investigates the lack of sufficient ratifications of the Convention from both a legal and an economic perspective. The first part of the study focuses on the history of the Convention’s entry-into-force provision and the rationale behind it. Due to the fact that this provision provides a considerable additional obstacle to the Convention’s becoming legally binding, in the second part the focus of the work shifts to unilateral action in this field. An overview of the legal environment of European ship recycling legislation is followed by an analysis and evaluation of a number of proposals by the European Commission attempting to tackle the problems of current ship recycling procedures. With a particular emphasis on (planned) European measures in this regard, the analysis’ overall message is one of cautious optimism
    Note: Gesehen am 19.08.2013
    URL: Volltext  (kostenfrei)
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  • 9
    ISBN: 9783642317064
    Language: English
    Pages: Online-Ressource (XXXV, 1813 p. 2 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. The treaty on European Union (TEU)
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    Keywords: Law ; Law ; Kommentar ; Treaty on European Union (1992 February 7) ; Treaty on European Union (1992 February 7) ; Treaty on European Union (1992 February 7)
    Abstract: The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law
    Abstract: The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a 'Europeanised research on Union law'. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.
    Description / Table of Contents: Title I Common ProvisionsTitle II Provisions on democratic principles -- Title III Provisions on the institutions -- Title IV Provisions on enhanced cooperation -- Title V General provisions on the Union’s external action and specific provisions on the common foreign and security policy -- Title VI Final provisions -- Protocols and Declarations.
    Note: Description based upon print version of record
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  • 10
    ISBN: 9783642361074
    Language: English
    Pages: 1 online resource (168 pages)
    Edition: 1st ed.
    Series Statement: MPI Studies on Intellectual Property and Competition Law Ser. v.19
    Parallel Title: Erscheint auch als
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    Keywords: Commercial law ; Competition ; Electronic books
    Abstract: ​FairEconomy is a concept for a free and fair market economy. In response to the financial and economic crises of the past years, the authors develop fundamental ideas of how a market economy works, what rules markets need and who safeguards fairness and equal opportunity in such an economy. The book sets out the design of a sustainable market order: Going back to the very roots of doing business it offers a fascinating insight into the cultural and anthropological premises of the market economy. Fairness and free competition can be identified as key elements of successful markets, sometimes neglected in politics and business. Legal rules need to ensure that fairness and economic freedom work. The same holds true for the relationship of risk and liability that has been overlooked in the banking sector. The ideas of a FairEconomy, sketched in this book, are fit to become a reality: The authors point to institutions and mechanisms that could integrate the concept into global law. They place their trust less upon ever-larger institutions and more on private entitlement and enforcement at the global, regional, and local levels. ​.
    Abstract: Intro -- FairEconomy -- Crises, Culture, Competition and the Role of Law -- Foreword -- Contents -- Authors -- 1 Anthropological and Economic Foundations of FairEconomy as a Free Market System -- 1.1 Cultural premises -- 1.1.1 The meaning of economy. The fund theory -- 1.1.2 Culture and environment -- 1.2 Societal premises -- 1.3 Methodological premises -- 1.3.1 The Martin-Rössler-Problem. Formalism or substantivism? Two determinisms and the role of empiricism -- 1.3.2 The Jerry-Moore Problem. Inherent structures or open, but cautious generalizations? -- 1.4 Dogmatic contours -- 1.4.1 On reading and misquoting Adam Smith's theoretical propositions -- 1.4.2 The environment- and culture-conscious free and fair market economy, its institutional character, and its societal elasticity limits -- 1.4.3 New economic institutionalism -- 1.4.4 Markets -- 1.4.5 A principled basis for free and fair economics -- 1.4.6 The social aspects of the invisible hand -- 1.5 Links between freedom and fairness of a market economy, and the risk and liability mechanism (a preview of Chapters 2 to 4) -- 1.6 Conclusion -- 2 Rules on Competition after the Crisis -- 2.1 Freedom needs regulation -- 2.1.1 The two dimensions of freedom -- 2.1.2 Systemic regulation -- 2.1.3 Challenges to the freedom principle -- 2.1.4 Market requirements and market failures -- 2.1.5 Summary -- 2.2 Rethinking competition rules -- 2.2.1 Competition and market power -- 2.2.2 Competition law enforcement in financial markets -- 2.2.3 Competition rules for a finance-driven economy -- 2.2.3.1 Financial power -- 2.2.3.2 Systemic relevance -- 2.2.3.3 Form of decisions -- 2.2.3.4 Actors -- 2.2.3.5 International dimension -- 2.2.4 Summary -- 2.3 Markets need fairness -- 2.3.1 Three characteristics of fairness -- 2.3.2 Fairness, freedom and market failures -- 2.3.2.1 Why fairness is necessary.
    Note: Description based on publisher supplied metadata and other sources
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    URL: Cover
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