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  • 2010-2014  (76)
  • 1985-1989  (9)
  • Berlin, Heidelberg : Springer Berlin Heidelberg  (58)
  • Dordrecht : Springer Netherlands  (27)
  • Law  (85)
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  • 1
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789401788106
    Language: English
    Pages: Online-Ressource (XIII, 223 p, online resource)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 37
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Global perspectives on subsidiarity
    RVK:
    Keywords: Philosophy of law ; Philosophy ; Public law ; Law ; Law ; Philosophy of law ; Philosophy ; Public law ; Aufsatzsammlung ; Subsidiaritätsprinzip ; Rechtsphilosophie ; Rechtsvergleich
    Abstract: Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.
    Description / Table of Contents: Biographical Details1. The Global Relevance of Subsidiarity: An Overview; Michelle Evans and Augusto Zimmermann -- 2. Subsidiarity in the Writings of Aristotle and Aquinas; Nicholas Aroney -- 3. Subsidiarity in Catholic Social Theory; Patrick McKinley Brennan -- 4. The Relationship Between Subsidiarity and Sphere Sovereignty; Lael Daniel Weinberger -- 5. Subsidiarity and Social Pluralism; Jonathan Chaplin.- 6. Subsidiarity, Democracy and Individual Rights in Brazil; Augusto Zimmermann.- 7. Can Subsidiarity Reform the Modern Welfare State?; The Rev Robert A Sirico.- 8. Subsidiarity and the German Constitution; Jürgen Bröhmer.- 9. Subsidiarity as Judicial and Legislative Review Principles in the European Union; Gabriël A Moens and John Trone.- 10. Subsidiarity and Federalism: A Case Study of the Australian Constitution and its Interpretation; Michelle Evans.- 11. Subsidiarity and the Global Order; Andreas Follesdal.
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  • 2
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783662436837
    Language: English
    Pages: Online-Ressource (XI, 160 p. 8 illus., 5 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Wei, Yan Regulating municipal water supply concessions
    Keywords: Wasserwirtschaft ; Kommunale Versorgungswirtschaft ; Konzession ; Regulierung ; Systemtransformation ; China ; Public law ; Law ; Law ; Public law ; China ; Siedlungswasserwirtschaft ; Public Private Partnership ; Konzession ; Regulierung ; Systemtransformation
    Abstract: This book discusses the recently introduced concession policy, which is also known as PPP worldwide, on municipal utilities policy in China. In this context, critics have claimed that there is a gap in accountability with regard to concessions. The author utilizes interdisciplinary methods and comparative studies, taking into account the situation in the EU and US to analyze the accountability gap some feel will be created when the policy is implemented. Taking water sector concessions as the subject of discussion, the author distinguishes between three types of accountability: traditional bureaucratic accountability, legal accountability and public accountability. By systematically analyzing the essential problems involved, the book attempts to achieve a better understanding of concession and its application in the context of public utilities, and finds that the alleged accountability gap is attributed to traditional bureaucratic accountability in China and the concession system per se.
    Description / Table of Contents: IntroductionConcession Overview and Accountability Gap in China -- Restricted Competition in Concessions and Concessionaire Selections -- Water Pricing Regulations in the Context Of Concessions -- Concession Contracts and Legal Accountability -- Regulatory Agencies and Structures under Concessions -- Conclusions and Implications.
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  • 3
    ISBN: 9783642546600
    Language: English
    Pages: Online-Ressource (XXIX, 475 p. 33 illus., 15 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Institutional competition between common law and civil law
    RVK:
    Keywords: Common Law ; Zivilrecht ; Institutioneller Wettbewerb ; Rechtsökonomik ; Welt ; Development Economics ; Commercial law ; Law ; Law ; Development Economics ; Commercial law ; Common law ; Civil Law ; Institutionenökonomie ; Rechtsvergleich
    Abstract: This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics. Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law. These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms
    Description / Table of Contents: Preface; Acknowledgments; Abbreviations; Contents; Contributors; About the Authors; Part I: Introduction; Chapter 1: Interdisciplinary Issues in Comparing Common Law and Civil Law; 1.1 The ``Comparative Quality´´ of Common Law and Civil Law as an Issue of Policy; 1.1.1 Law in the Philosophy of the Open Society and in Institutional Economics; 1.1.2 Spontaneous Transformation Assistance After the End of the Cold War; 1.1.3 The Recent Debate on the Comparative Quality of Common Law and Civil Law; 1.2 Problems of Political Science, Sociology, Economics, Law and History
    Description / Table of Contents: 1.3 The Importance of Refocusing on the Primary Sources of Institutional Economics1.3.1 The Need for a Reassessment of the Functional Qualities of Modern Civil Law Systems; 1.3.2 Recognizing the Convergence of Common Law and Civil Law; 1.3.3 Measuring Transaction Costs, Comparing Macro-Economic Performance and Locational Quality Indicators with Improved Method...; 1.4 Analyzing Failed and Successful ``Transplants´´ of Legal Systems; References; Part II: Testing the Economic Impact of Common Law and Civil Law in Today´s Developed Countries
    Description / Table of Contents: Chapter 2: Identifying the Effect of Institutions on Economic Growth2.1 Introduction; 2.2 Measurements of Institutional Quality; 2.3 Correlation with Economic Development; 2.4 Identifying Causation; 2.4.1 Insights from the Current Literature; 2.4.2 Discussion and Caveats; 2.5 Conclusion; References; Chapter 3: Contract Rules in Codes and Statutes: Easing Business Across the Cleavages of Legal Origins; 3.1 Introduction; 3.1.1 Recalling the Importance of Contract Law Codification in Economic Development; 3.1.2 Focusing on Paradigm Countries with Landmark Codifications of Contract Law
    Description / Table of Contents: 3.1.3 Attaining Robustness for Small Sample Through a Long Time Series3.2 Codified Contract Rules in the Legal and Economic Histories of Selected Countries; 3.2.1 Selection of Contract Types Important for Business; 3.2.2 Selection of the Sample of Countries; 3.2.3 Short Reviews of the Legal and Economic Histories of the Countries Selected; 3.2.3.1 Civil Law Countries; 3.2.3.2 Common Law Countries: UK and US; 3.2.3.3 The Debate on Non-legal Factors in Financial Market Development; 3.2.3.4 Codified Default Rules in the Contract Types Selected; 3.2.4 Economic Performance of Selected Countries
    Description / Table of Contents: 3.3 Empirical Results3.3.1 Specification; 3.3.2 Econometric Issues; 3.3.3 Benchmark Results; 3.3.4 Robustness Checks; 3.3.5 Numerical Illustration; 3.4 Conclusion; References; Chapter 4: Contract Modification as a rebus sic stantibus Solution to the Subprime Crisis; 4.1 Introduction; 4.2 The Subprime Crisis as a Cognitive Reversal; 4.3 How rebus sic stantibus Could Function in the Current Crisis; 4.4 A Legislative or a Judge-Made Solution?; 4.5 The Pattern of Change in ``Macro´´-Circumstances: Germany´s Hyperinflation, Paul Oertmann, and RG 103, 328
    Description / Table of Contents: 4.6 The ``Basic Assumption´´ of House Price Inflation as a Vital Circumstance for Subprime Mortgages
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  • 4
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642545085
    Language: English
    Pages: Online-Ressource (XVII, 189 p. 9 illus., 1 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Chen, Juan Regulating the takeover of Chinese listed companies
    Keywords: Übernahmerecht ; Aktiengesellschaft ; Vergleich ; Großbritannien ; USA ; Hongkong ; China ; Regional planning ; Law ; Law ; Regional planning ; Internationale Investitionen ; Kooperationsgeschäfte ; Tertiärer Sektor ; China ; Kapitalgesellschaft ; Takeover ; Rechtsvergleich
    Abstract: This book provides a comprehensive review of the Measures for Administration of Takeover of Chinese Listed Companies (the Chinese takeover law), with emphasis on the differences between the Chinese takeover law and takeover legislation in the UK, the US and Hong Kong. The Chinese M&A market has been booming at an unprecedented rate in recent years; not only domestic investors, but also foreign funds and multinational companies are actively participating on the market. For both market participants and researchers, it is crucial to understand the emerging and transitional aspects of the Chinese economy and its M&A market, and the impacts of those aspects on relevant laws. While there are ongoing academic discussions on the convergence between the Chinese takeover law and its counterparts in the UK, Hong Kong and the US, this book offers a comprehensive discussion of the divergence and focuses on key differences in the transplanted Chinese takeover law.
    Description / Table of Contents: Chapter 1 IntroductionChapter 2 Understanding the Context -- Chapter 3 Legal Transplantation Theory: A Theoretical Framework for Examining Chinese Takeover Law -- Chapter 4 Principles of Chinese Takeover Regulation: Economic Efficiency, Administrative Intervention and Shareholder Equality -- Chapter 5 Mandatory Bid Rule and Shareholder Equality: Legal Transplantation and Local Divergence -- Chapter 6 Miscellaneous Shareholder Protection Rules: the Influence of Legal Culture, Local Demand and Institutional Capacity in Transplantation -- Chapter 7 Regulating Takeover Defences: The UK Model in Books and the US Model in Action -- Chapter 8 Conclusion.
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  • 5
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400774766
    Language: English
    Pages: Online-Ressource (XXVII, 342 p. 41 illus., 20 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg.
    Keywords: Criminal Law ; Statistics ; Criminology ; Law ; Law ; Criminal Law ; Statistics ; Criminology ; Law Psychological aspects ; Australien ; Steuermoral ; Normverletzung ; Steuergerechtigkeit ; Steuersystem
    Abstract: This volume provides a comprehensive analysis of why taxpayers behave the way they do. It reveals the motivations for why some taxpayers comply with the law while others choose not to comply. Given the current global financial climate there is a need for governments worldwide to increase their revenue collections via improving taxpayer compliance. Research into what shapes and influences taxpayer behavior is critical in that any marginal improvement in understanding and dealing with this behavior can potentially have a dramatic impact upon government revenue. Based on Australian data derived from the data bases of the Australian Taxation Office as an example, this book presents findings that provide lessons for tax systems around the world. Regardless of the type of tax system in place, taxpayers of all nationalities are concerned about how their tax authorities deal with non-compliance and in particular how the tax authorities go about encouraging compliance and ensuring a fair tax system for all. The book presents empirical evidence concerning taxpayer compliance behavior with particular attention being drawn to the moral values of taxpayers, the perceived fairness of the tax system and the deterrent measures undertaken by revenue authorities which influence that behavior. Other issues examined include the degree to which tax penalties operate as an effective deterrent to curbing behavior and how taxpayers' level of general tax knowledge and awareness also impacts upon their actions
    Description / Table of Contents: AcknowledgmentsTable of Contents -- List of Appendices -- List of Figures -- List of Tables -- List of Acronyms -- Legislation -- 1 Introduction and Background -- 2 Tax Compliance Theory and the Literature -- 3 Extension of the Economic Deterrence Model -- 4 Theoretical Framework and Hypotheses Development -- 5 Quantitative Analysis of Research Findings - Evader Sample -- 6 Qualitative Analysis of Research Findings - Evader Sample -- 7 Quantitative Analysis of Research Findings - General Population Sample -- 8 Qualitative Analysis of Research Findings - General Population Sample -- 9 Further Statistical Testing and a Comparative Analysis of the Evader and General Population Samples -- 10 Conclusion -- Appendices -- Bibliography -- About the Author.
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  • 6
    ISBN: 9783642354342
    Language: English
    Pages: Online-Ressource (XXXIV, 558 p, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Same-sex couples before national, supranational and international jurisdictions
    Keywords: Constitutional law ; Developmental psychology ; Law ; Law ; Constitutional law ; Developmental psychology ; Aufsatzsammlung ; Homosexuelles Paar ; Rechtsstellung ; Rechtsvergleich ; Eingetragene Lebenspartnerschaft ; Gleichgeschlechtliche Ehe ; Internationales Eherecht
    Abstract: The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions’ reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies
    Description / Table of Contents: Same-Sex Couples, Legislators and Judges. An Introduction to the BookThe Recognition of Same-Sex Couples’ rights in the US between Counter-Majoritarian Principle and Ideological Approaches: A State Level Perspective -- From Gay Rights to Same-Sex Marriage: A Brief Story through US Federal Courts Jurisprudence -- Different Approaches, Similar Outcomes: Same-Sex Marriage in Canada and South Africa -- Same-sex Couples before Courts in Mexico, Central and South America -- Following the Legislative Leaders: Judicial Recognition of Same Sex Couples in Australia and New Zealand -- The Nordic Model: Same-Sex Families in Love and Law -- A Glorious Revolution? UK Courts and Same-Sex Couples -- Between Recognition and Homophobia: Same-Sex Couples in Eastern Europe -- Same-Sex Couples in France and Belgium: The Resilient Practice of Judicial Deference -- At the Crossroads between Privacy and Community: The Legal Status of Same-Sex Couples in German, Austrian and Swiss law -- Judicial Restraint and Political Responsibility: A Review of the Jurisprudence of the Italian, Spanish and Portuguese High Courts on Same-Sex Couples -- The Legal Situation of Same-Sex Couples in Greece and Cyprus -- The Law Applicable to the Formation of Same-Sex Partnerships and Marriages -- Recognition of Foreign Same-Sex Partnerships and Marriages -- Same-Sex Families Across Borders -- Same-Sex Couples before the ECtHR: The Right to Marriage -- Same-Sex Couples’ Rights (Other than the Right to Marry) before the ECtHR -- Same-Sex Couples before the Inter-American System of Human Rights -- Free Movement Rights for Same-Sex Couples under EU law: What Role to Play for the CJEU? -- Employment Benefits for Same-Sex Couples: The Case-Law of the CJEU -- International Administrative Tribunals and Their Non-Originalist Jurisprudence on Same-Sex Couples: ‘Spouse’ and ‘Marriage’ in Context, between Social Changes and the Doctrine of Renvoi -- Same-Sex couples before Quasi-Jurisdictional Bodies: The Case of the UN Human Rights Committee.
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  • 7
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642540417
    Language: English
    Pages: Online-Ressource (XIX, 192 p. 3 illus., 2 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Li, Li Judicial discretion within adjudicative committee proceedings in China
    Keywords: Law ; Law ; Judicial discretion China ; LAW Civil Procedure ; LAW Legal Services ; POLITICAL SCIENCE Government ; Judicial Branch ; Gerichte, Gerichtspersonal ; China ; Richter ; Ermessen
    Abstract: This book studies the organizational influences on judicial discretion within Adjudicative Committee (AC) proceedings in China. It argues that institutional reforms and practice have mainly reduced judicial discretion within AC proceedings through the rationalization of organizational processes. This central argument will be of particular interest to the readers, as previous studies offer little insight into the overall impacts of judicial institution reforms. This book is the first that uses the bounded rationality theory developed in economics and related disciplines to formulate an analytic framework for a systematic and comprehensive examination of the impacts of organizational factors on discretion within Adjudicative Committees decision-making processes. Readers will gain a practical and fresh understanding of the Chinese judicial reforms.
    Description / Table of Contents: Foreword; Preface; Contents; Abbreviations; Chapter 1: Introduction; 1.1 Adjudicative Committee; 1.2 Debate and Reform; 1.2.1 Debate over the Adjudicative Function of ACs; 1.2.2 The Relationship Between Judicial Independence and Accountability; 1.2.3 Institutional Reforms of ACs; 1.3 Analytic Framework: Understanding Discretion from Bounded Rationality; 1.3.1 Discretion: Perspective from Law; 1.3.2 Discretion: Perspective from Organizational Studies; 1.3.3 Understanding Discretion from Bounded Rationality; 1.4 Methodology; 1.4.1 In-Depth Interviews; 1.4.2 Case Studies; 1.5 Structure of Book
    Description / Table of Contents: ReferencesChapter 2: The Organization of the Court; 2.1 Court President ( Yuanzhang): High-Level Link to Outside Resources; 2.1.1 Function of Court President I: High-Level Link to the Masses; 2.1.2 Function of Court President II: High-Level Link to the Party; 2.1.3 Conclusion; 2.2 Chief Judge ( Tingzhang): Middle-Line Managers; 2.2.1 Judicial Control I: Participating in Trials; 2.2.2 Judicial Control II: Presiding over Presiding Judge Joint Meetings; 2.2.3 Judicial Control III: Signing and Issuing Judicial Decisions; 2.2.4 Conclusion
    Description / Table of Contents: 2.3 Presiding Judge ( Shenpanzhang): New Wine in an Old Bottle2.3.1 Formalization of Roles; 2.3.2 Formalization of Authority Relations; 2.3.3 Formalization of Sanctions; 2.3.4 Conclusion; 2.4 Responsible Judge ( Chengban Faguan): First-Line Worker; 2.5 Conclusion; References; Chapter 3: Committee Goal; 3.1 Goals, Ambiguity, and Discretion; 3.1.1 Rationality, Goals, and Decision-Making; 3.1.2 Ambiguity and Discretion; 3.2 Goals of the AC; 3.2.1 Judges and Their Goals; 3.2.2 Concept of Organizational Goals; 3.2.3 Goals of the ACs; 3.2.3.1 Adjudicative Committee Goal 1: Harmony (Hexie)
    Description / Table of Contents: 3.2.3.2 Adjudicative Committee Goal 2: Justice3.3 Harmony and Justice: Rationality Analysis; 3.4 Conclusion; References; Chapter 4: Information Processing; 4.1 Information Constraints and Discretion; 4.2 Information and Judicial Decision-Making; 4.3 AC Communication; 4.4 Standing Units; 4.5 Reports and Records; 4.6 Speech Order; 4.7 Workload; 4.8 Conclusion; References; Chapter 5: Committee Composition; 5.1 Multiple Decision Makers and Discretion; 5.2 Hierarchical Position; 5.3 Knowledge; 5.4 Participation of the Procurator-General; 5.5 Conclusion; References; Chapter 6: Committee Procedure
    Description / Table of Contents: 6.1 Discretion and Process6.2 General Legal Criteria; 6.3 Criminal Cases; 6.3.1 Capital Cases; 6.3.1.1 "Extremely Serious Crimes" and Sentence Ranges; 6.3.1.2 Execution Policies and Capital Case Review; 6.3.2 Innocent Cases in Accordance with the Proviso of Article 13; 6.3.2.1 The Proviso of Article 13; 6.3.2.2 Self-Restraint Constraints; 6.3.2.3 Intra-institutional Constraints; 6.3.3 Mitigated Cases; 6.3.4 Summary; 6.4 Civil and Administrative Cases; 6.4.1 New-Type Cases; 6.4.2 Group Action Cases (Quntixing Anjian); 6.4.2.1 Expropriation Cases; 6.4.2.2 Layoff Cases; 6.4.2.3 House-Owner Cases
    Description / Table of Contents: 6.4.2.4 Early Warning System
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  • 8
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642395079
    Language: English
    Pages: Online-Ressource (XIII, 186 p. 24 illus., 7 illus. in color, online resource)
    Series Statement: Understanding China
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. He, Peng, 1980 - Chinese lawmaking
    Keywords: Law ; Law ; China ; Gesetzgebung
    Abstract: Dr Peng He in her book addresses various issues, drawing on Western and Chinese sources for her argument for a ‘communicative’ theory of law making. This book is both timely and important in the Chinese context. Her argument depends upon the insight that what is important in societies is not just representative democracy but ‘voice’ - the opportunity for individuals to be heard and bring their input into official systems. More than that, she argues that this can also take further the idea of living by the rules as something that is not to be seen as narrow Legalism but as something more akin to living ‘righteously’ - a view which is resonant with parts of Chinese legal thought. This book is also important in the present Chinese context in another way. The developing economy necessitates substantial legal reform. But applying Western models to China can often be naïve and not fully fulfil their intended purpose. Peng He’s work addresses this by looking at the process of legislation in connection with legal reform. It is grounded in a sound theoretical reflection of both the process of legal transplantation and the process of law making, and looks both at Western and Chinese sources. Such an approach needs to draw from several intellectual traditions and it is this interdisciplinary, foundational research that is the task Dr He has set herself in her project. Her theory will provide an abstract theoretical framework that is sensitive to local conditions, while at the same time incorporating insights on law reform from a broad range of disciplines. Her research is of direct practical relevance for reforming the legislative process in China. -- Professor Zenon Bańkowski The University of Edinburgh
    Description / Table of Contents: IntroductionChinese Contemporary Lawmaking: Reality And Problems -- The Legitimation Of Chinese Lawmaking (I) -- The Legitimation Of Chinese Lawmaking (II): Chinese Legalism -- Lawmaking In Jurisprudence (I) -- Lawmaking In Jurisprudence (II) -- Communicative Lawmaking In China -- Retrospect And Prospect.
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  • 9
    ISBN: 9783642449024
    Language: English
    Pages: Online-Ressource (XII, 325 p, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Jiāng, Nǎ China and international human rights
    RVK:
    Keywords: Criminal Law ; Regional planning ; Law ; Law ; Criminal Law ; Regional planning ; Menschenrechte ; China ; Menschenrecht ; Vereinte Nationen Menschenrechtsrat ; International Covenant on Civil and Political Rights 1966 Dezember 19 ; Strafgerichtsbarkeit ; Todesstrafe
    Abstract: This book is designed to introduce law students, legal actors and human rights activists, particularly participants in human rights dialogues with China, to the process and reality of a newly confident China’s participation in the international human rights system, albeit with inherent challenges. From an international and comparative perspective, one of the key findings of the author's research is that progress towards human rights depends more on judges than on legislators. Chinese legislators have enacted a series of reforms in order to better protect human rights. Unfortunately, these reforms have not led to greater adherence to China’s international human rights obligations in practice. The reforms failed because they have generally been misunderstood by Chinese judges, who often have a limited understanding of international human rights norms. Specifically, this book will examine how judicial misunderstandings have blocked reforms in one specific area, the use of severe punishments, based on international human rights theory and case studies and data analyses. This examination has several purposes. The first is to suggest that China ratify the ICCPR as the next step for its substantive progress in human rights and as a good preparation for its re-applying to be a member of the UN Human Right Council in the future. The second is to explain how judges could be better educated in international human rights norms so as to greatly reduce the use of severe punishments and better comply with China's human rights obligations. The third is to demonstrate how the international community could better engage with China in a manner that is more conducive to human rights improvements. The author's ultimate goal is to enhance dialogue on human rights in China between judges and the Chinese government, between Chinese judges and their foreign counterparts and between China's government and the international community. Another significant aim of this book is to clarify the controversial question of what obligations China should undertake before its ratification of the ICCPR and to re-examine trends in its developing human rights policy after standing down from the Council in late 2012. The tortuous progress of China’s criminal law and criminal justice reforms has confirmed that Chinese judges need further instruction on how to apply severe punishments in a manner consistent with international standards. Judges should be encouraged to exercise more discret ...
    Description / Table of Contents: IntroductionA general theory on international human rights standards -- China’s cooperation (With the international human rights system) -- The death penalty and international human rights law -- The death penalty: china’s practice and policy -- Forced labor and international human rights law -- Forced labor: china’s policy and practice -- Next steps: china’s human rights strategy -- Conclusion -- Appendix.
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  • 10
    ISBN: 9783642402678
    Language: English
    Pages: Online-Ressource (XI, 110 p, online resource)
    Series Statement: SpringerBriefs in Law
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Velluti, Samantha Reforming the Common European Asylum System
    RVK:
    Keywords: Migration ; Law ; Law ; Migration ; Europäische Union ; Asylrecht
    Abstract: In June 2013, after lengthy and complex negotiations the EU adopted the recast “asylum package” which represents a significant step forward in the future development of CEAS. In this timely study Velluti provides fresh insights into recent legislative and judicial developments in asylum and through the “lens” of sovereignty she looks at some of the contemporary challenges faced by the EU protection regime, with a particular focus on asylum-seekers’ rights. The volume assesses whether the EU provides an adequate framework for protecting those seeking international protection from the opposing perspectives of effectiveness and fairness. It shows that, despite the newly adopted “second-generation” legislative acts which include changes aimed at ensuring a stronger level of protection for asylum-seekers, the reform process at European level does not adequately ensure an equal standard of protection across all Member States. Through a comparative analysis of selected ECtHR and ECJ asylum cases the book also examines the constitutional relationship between the two European Courts and how it impacts on the human rights of asylum-seekers and on the future of EU asylum law. Ultimately, the book shows that real progress in the development of the human rights dimension of CEAS will be achieved largely through the European and domestic courts.
    Description / Table of Contents: IntroductionThe road to the Common European Asylum system: from Amsterdam to Lisbon and beyond -- Recasting of asylum legislation: Nolumus leges mutari -- The Role of the European Courts in ensuring adequate standards of asylum-seekers’ human rights’ protection in Europe after Lisbon -- CEAS, asylum-seekers and EU human rights post-Lisbon: closing the gaps in the European protection regime.
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  • 11
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642409288
    Language: English
    Pages: Online-Ressource (XV, 249 p. 1 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Boyne, Shawn Marie The German Prosecution Service
    RVK:
    Keywords: Criminal Law ; Criminology ; Law ; Law ; Criminal Law ; Criminology ; Deutschland ; Staatsanwaltschaft ; Deutschland ; Staatsanwaltschaft
    Abstract: Acclaimed as the "the most objective prosecutors in the world", the German prosecution service has long attracted the attention in the past of comparative law scholars. At first glance, the institutional position and statutory mandate of German prosecutors indicate that that reputation is well-deserved. Unfortunately, the introduction of charge-bargaining has opened the door to criticism that German prosecutors have abandoned their role of objective decision-makers. Using interview data collected from interviews with German prosecutors themselves as well as quantitative data, the book uses the actual voices of German prosecutors to show how real-world constraints, rather than changes in the law, undermine the ability of German prosecutors to objectively seek the truth. The book will take readers behind closed doors where prosecutors discuss case decisions and unveil the realities of practice. As a result, it will critically revise previous studies of German prosecution practices and offer readers a well-researched ethnographic analysis of actual German decision-making practices and the culture of the prosecution service. Unlike prosecutors in America's adversarial system, whom critics claim are driven by a "conviction-mentality" and gamesmanship, German prosecutors are institutionally positioned to function as (at least semi-)judicial officials dedicated to finding a case's objective truth. The book argues that, organizational incentives and norms, rather than the boundaries of the law determinately shapes how prosecutors investigate and prosecute crime in Germany
    Description / Table of Contents: IntroductionThe Normative Vision of the Prosecution Service -- The Organization of Prosecution -- Everyday Practice and Low-Level Crime -- Discretion and Major Crimes -- A Closer Look at Discretion: The Prosecution of Serious Economic Crimes -- The Many Faces of Objectivity in the Courtroom -- Juvenile Justice -- Conclusion -- Appendix A: Methods.
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  • 12
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642384547
    Language: English
    Pages: Online-Ressource (VIII, 258 p, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Stolleis, Michael, 1941 - 2021 History of social law in Germany
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    Keywords: Social legislation ; History ; Social policy ; Law ; Law ; Social legislation ; History ; Social policy ; Deutschland ; Sozialrecht ; Geschichte
    Abstract: The sole available comprehensive history of social law and the model of social welfare in Germany. The book explains the origins since the medieval times, but concentrates on the 19th and 20th centuries, especially on the introduction of the social insurance 1881-1889, of the expansion of the system in the Weimar Republic, under the Nazi-System and after World War II in the FRG and the GDR. The system of social welfare in Germany is one of the pillars of economic stability.
    Abstract: The sole available comprehensive history of social law and the model of social welfare in Germany. The book explains the origins since the medieval times, but concentrates on the 19th and 20th centuries, especially on the introduction of the social insurance 1881-1889, of the expansion of the system in the Weimar Republic, under the Nazi-System and after World War II in the FRG and the GDR. The system of social welfare in Germany is one of the pillars of economic stability
    Description / Table of Contents: IntroductionSocial Protection in the Middle Ages and in the Early Modern State: Alms, Poor Relief, Care, Social Help -- Social Policy in the Empire: The Insurance Solution -- The First World War -- The Weimar Republic -- The Nazi State -- The Post-War Period, the Federal Republic, and the German Democratic Republic -- Social Law as a Scientific Discipline -- Europeanization of Social Law -- Long Term Perspectives for Social Protection -- References.- Index.
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  • 13
    ISBN: 9783642390975
    Language: English
    Pages: Online-Ressource (XIV, 303 p. 1 illus, online resource)
    Series Statement: MPI Studies on Intellectual Property and Competition Law 20
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. EU bilateral trade agreements and intellectual property: for better or worse? ; [... workshop ... with the title: Economic partnership agreements of the EU: a step ahead in reforming international IP law? The workshop was held in Frauenchiemsee (Germany) in June 2011 ...]
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    Keywords: Immaterialgüterrechte ; TRIPS ; Internationale Wirtschaftsbeziehungen ; Freihandelsabkommen ; EU-Außenwirtschaftspolitik ; Welt ; EU-Staaten ; Law ; Law ; Aufsatzsammlung ; Europäische Gemeinschaften ; Handelsabkommen ; Geistiges Eigentum
    Abstract: This book focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceeding those of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements.
    Abstract: This book focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceeding those of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements
    Description / Table of Contents: Intellectual Property Protection in Economic Partnership- and Free trade AgreementsGoing Beyond TRIPS: Impact on International Law and Policy -- Emerging Elements for Reforming the International IP System -- Implementation of IP Provisions in EU Trade Agreements.
    Note: Description based upon print version of record
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  • 14
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642396632
    Language: English
    Pages: Online-Ressource (XXII, 366 p. 2 illus) , online resource
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Sciences and Law
    DDC: 341.48
    Keywords: Law ; China ; Menschenrecht
    Abstract: In recent years, more and more scholars in the world have become interested in human rights issues in China. This book hopes to serve as a window through which its readers will gain a better view of the theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China; the statement “The state respects and guarantees human rights” included in the Constitution; and the National Human Rights Action Plan of China, then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Further, the book discusses “Foundations of Human Rights Guarantees in Contemporary China,” “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics.” The final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China.” In appendices, four important documents on human rights in China
    Description / Table of Contents: AcknowledgementsAbstract -- Preface -- Abbreviations -- Chapter I  Confucian Philosophy and Its Historical Contributions to Human Rights -- Chapter II  The Dynamics of Human Rights Protection in China -- Chapter III  The First White Paper-Human Rights in China -- Chapter IV  “The State Respects and Guarantees Human Rights” Included in the Constitution -- Chapter V  National Human Rights Action Plan as a Milestone -- Chapter VI  Fundamental Principles for Achieving International Human-Rights Standards in China -- Chapter VII  Specific Measures to Improve Human Rights Protection Standards in China -- Chapter VIII  Foundations of Human Rights Guarantee in Contemporary China -- Chapter IX  Human Rights, Culture and Their Reconstruction in the Chinese Context -- Chapter X  Several Issues on the Formation of a Socialist Legal System with Chinese Characteristics -- Chapter XI  Judicial Protection of Human Rights in China -- Appendices -- References -- Index.
    Note: "Sponsored by Chinese Fund for Humanities and Social Sciences , Includes bibliographical references
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  • 15
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400771109
    Language: English
    Pages: Online-Ressource (XXIV, 396 p. 2 illus., 1 illus. in color, online resource)
    Series Statement: Economic Analysis of Law in European Legal Scholarship 1
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Law and economics in Europe
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    Keywords: Wirtschaftsrecht ; EU-Recht ; Zivilrecht ; Europa ; Political science Philosophy ; Commercial law ; Law ; Law ; Political science Philosophy ; Commercial law ; Konferenzschrift 2011 ; Europäische Union ; Recht ; Wirtschaft ; Europäische Union ; Wirtschaftsrecht ; Wirtschaftspolitik ; Ökonomische Theorie des Rechts
    Abstract: This anthology illustrates how law and economics is developing in Europe and what opportunities and problems - both in general and specific legal fields - are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition
    Description / Table of Contents: ForewordPreface -- Introduction -- Table of contents -- About the Authors -- Part I: Civil Law versus Common Law -- Never the Twain Shall Meet?; Kai Purnhagen -- To What Extent Is the Opposition Between Civil Law and Common Law Relevant for Law and Economics?; Régis Lanneau -- Comparative Study of Legal Reasoning in Swiss and UK Courts; Lynn Watkins -- Part II: Economic and Legal Thinking -- Homo Economicus versus Homo Iuridicus; Mariusz J. Golecki -- Three Realistic Strategies for Explaining and Predicting Judicial Decisions; Diego Moreno-Cruz -- Some Thoughts on Economic Reasoning in Appellate Courts and Legal Scholar-ship; Endre Stavang -- Cultures of Administrative Law in Europe: From Weberian Bureaucracy to ‘Law and Economics’; Klaus Mathis -- Part III: The Limits of Legal Transplants -- The “Hand Rule” as a Standard of Care in Swiss Tort Law?; Balz Hammer and Sandra Duss -- Efficiency and Swiss Contract Law; Ariane Morin -- Class Action Lawsuits in Europe: A Comparative and Economic Analysis; Ricardo Dawidowicz -- Crown Witnesses in Switzerland?; Zinon Koumbarakis -- Part IV: Economic Analysis in EU Law -- The Case for a Principled Approach to Law and Economics: Efficiency Analysis and General Principles of EU Law; Aurélien Portuese -- Homo Economicus, Behavioural Sciences, and Economic Regulation: On the Concept of Man in Internal Market Regulation and its Normative Basis; Jens-Uwe Franck and Kai Purnhagen -- Economic Principles in Antitrust Law in the Aftermath of the More Economic Approach; Claudia Seitz -- Index.
    Note: Includes index
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  • 16
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642389023
    Language: English
    Pages: Online-Ressource (VII, 198 p. 1 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Protecting human rights in the EU
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    Keywords: Law ; Law ; Europäische Union Charta der Grundrechte ; Menschenrecht
    Abstract: Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values of the concept of rights. It points out the risk of a certain “inflation” caused by the current habit of talking so much and so often about human rights and of using them as a basis for claims of various kinds. These rights, their understanding and interpretation may need to become more “purist” to ensure that universal human rights as a concept survive. Another chapter concentrates on the analysis of the frames of “EU protected human rights” from the perspective of effective implementation. Further, the book not only deals with the complicated relations between the EU and international law, but also seeks to show the horizontal effect. To that end, the fears and hopes of the member states and interest groups are categorized and commented on. Lastly, the gaps in theory and practice are addressed, current trends related to implementation are pointed out, and suggestions are made concerning how to make the best out of the Charter
    Description / Table of Contents: Introduction: EU Charter as a dynamic instrumentEU Charter: Its nature, innovative character and horizontal effect -- The Future of Universality of Rights -- The Freedom to Conduct Business and the Right to Property: The EU Technology Transfer Block Exemption Regulation and the relationship between Intellectual Property and Competition Law -- The Contribution of the European Charter of Human Rights to the Right to Legal Aid -- Gender as an Impediment of Marriage. Free Movement of Citizens and EU Charter of Fundamental Rights -- The standard of judicial review in EU competition law enforcement and its compatibility with the right to a fair trial under the EU Charter of Fundamental Rights -- European court of asylum - does it exist? -- Free movement of students in the EU -- Fundamental rights of athletes in the EU POST-LISBON -- Idolatry of Rights and Freedoms Reflections on the Autopoietic Role of Fundamental Rights within Constitutionalization of the European Union.
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  • 17
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642339080
    Language: English
    Pages: Online-Ressource (XVII, 236 p, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Thielbörger, Pierre, 1979 - The right(s) to water
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    Keywords: Environmental law ; Development Economics ; Law ; Law ; Environmental law ; Development Economics ; Menschenrecht ; Wasser ; Internationales Recht ; Wasser ; Menschenrecht ; Internationales Recht
    Abstract: Politicians and diplomats have for many years proclaimed a human right to water as a solution to the global water crisis, most recently in the 2010 the UN General Assembly Resolution “The human right to water and sanitation”. To what extent, however, can a right to water legally and philosophically exist and what difference to international law and politics can it make? This question lies at the heart of this book. The book’s answer is to argue that a right to water exists under international law but in a more differentiated and multi-level manner than previously recognised. Rather than existing as a singular and comprehensive right, the right to water should be understood as a composite right of different layers, both deriving from separate rights to health, life and an adequate standard of living, and supported by an array of regional and national rights. The author also examines the right at a conceptual level. After disproving some of the theoretical objections to the category of socio-economic rights generally and the concept of a right to water more specifically, the manuscript develops an innovative approach towards the interplay of different rights to water among different legal orders. The book argues for an approach to human rights - including the right to water - as international minimum standards, using the right to water as a model case to demonstrate how multilevel human rights protection can function effectively. The book also addresses a crucial last question: how does one make an international right to water meaningful in practice? The manuscript identifies three crucial criteria in order to strengthen such a composite derived right in practice: independent monitoring; enforcement towards the private sector; and international realization. The author examines to what extent these criteria are currently adhered to, and suggests practical ways of how they could be better met in the future
    Description / Table of Contents: IntroductionThe Current Legal Status of the Right to Water -- Philosophical and Conceptual Approaches to a Human Right to Water -- Implementation of the Right: Independent Monitoring, Enforcement against the Private Sector, and International Realization -- Conclusion.
    Note: Description based upon print version of record
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  • 18
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783662435175
    Language: English
    Pages: Online-Ressource (XXIII, 225 p, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Hua, Jerry Jie Toward a more balanced approach
    Keywords: Law ; Law ; Digital Rights Management ; Urheberrecht
    Abstract: Based on comparative research concerning both international conventions and laws, regulations, policies and cases from different jurisdictions, this book puts forward proposals for recovering the balance of interests between copyright holders, technological intermediaries and public users with regard to the access to, distribution and exploitation of copyright works. Four specific issues are discussed in detail: · an anti-circumvention rule for protection of technological measures that control access to copyright material; · indirect infringing liability for internet service providers and safe harbor regulations, which influence the dissemination of copyright works; · copyright limitations and exceptions especially under the digital network environment, which are relevant to the extent that users are allowed to exploit copyright works; · digital commons projects that promote the distribution and adaptation of copyright works placed under voluntary license schemes, which are relevant to the tolerance and encouragement of remix culture
    Description / Table of Contents: Copyright Law Changes and Developments in Digital Network EraBalance of Interest in Copyright Systems and Imbalances under Digital Network Environment -- Toward A More Balanced Model: Revision of Anti-circumvention Rules -- Establishing Certainty about Liability for Internet Service Providers and Safe Harbor Regulations -- Reconstruction of Copyright Limitations and Exceptions in Digital Network Age: Importation of Legal Flexibility and Certainty -- Construction of Digital Commons and Exploration of Public Domain.
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  • 19
    ISBN: 9783642452994
    Language: English
    Pages: Online-Ressource (XLIX, 198 p. 5 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. The evolution of global internet governance
    RVK:
    Keywords: Computers Law and legislation ; Law ; Law ; Computers Law and legislation ; Aufsatzsammlung ; Konferenzschrift 2013 ; Internet ; Global Governance ; Internet ; Global Governance ; Internet ; Governance
    Abstract: The volume explores the consequences of recent events in global Internet policy and possible ways forward following the 2012 World Conference on International Telecommunications (WCIT-12). It offers expert views on transformations in governance, the future of multistakeholderism and the salience of cybersecurity. Based on the varied backgrounds of the contributors, the book provides an interdisciplinary perspective drawing on international relations, international law and communication studies. It addresses not only researchers interested in the evolution of new forms of transnational networked governance, but also practitioners who wish to get a scholarly reflection on current regulatory developments. It notably provides firsthand accounts on the role of the WCIT-12 in the future of Internet governance
    Description / Table of Contents: Introduction: Global Internet Policy: a Fifteen-Year Long DebatePart 1. Actors, Institutions and Principles of Internet Governance -- Chapter 1 Global Internet Governance: Governance without Governors -- Chapter 2 Competing Institutional Trajectories for Global Regulation-Internet in a Fragmented World -- Chapter 3 Internet Freedom and the Constitutionalization of Internet Governance -- Part 2. Multistakeholderism and its Limits -- Chapter 4 Internet Governance: The Last Gasp of Colonialism, or Imperialism by Other Means? -- Chapter 5 Visions of Political Power: Treaty Making and Multistakeholder Understanding -- Chapter 6 Use [and Abuse] of Multistakeholderism in the Internet -- Part 3. Internet Security between Competition and Cooperation -- Chapter 7 Chinese Internet Governance-Some Domestic and Foreign Issues -- Chapter 8 Extending Cybersecurity, Securing Private Internet Infrastructure: the US Einstein Program and its Implications for Internet Governance -- Chapter 9 Open Security. Contributions of Networked Approaches to the Challenge of Democratic Internet Security Governance -- Conclusions and Way Forward. From Nested Dilemmas to Democratic Internet Governance.
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  • 20
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642454165
    Language: English
    Pages: Online-Ressource (XVII, 173 p. 3 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Hill, Richard W., 1949 - The new international telecommunication regulations and the internet
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    Keywords: Law ; Law ; Internationales Telekommunikationsrecht ; Internet
    Abstract: This book provides a clear and thorough account of the process leading up to the revision of the International Telecommunication Regulations (ITRs) one of the four treaties administered by the ITU. The author’s inside view of the events, and his legal analysis of the new ITRs, are different from that what has been aired in most other accounts to date. His systematic approach shows how much of the criticism of the WCIT-12 process, and of the ITRs themselves, is unjustified. This book provides the most accurate view to date of what the ITRs really mean and of what really happened at WCIT-12, which was undoubtedly a key event in the history of telecommunication policy and which is likely to have significant long-term effects. The book covers in some detail the events leading to the non-signature of the treaty by a significant number of states, outlines possible consequences of that split between states, and offers possible ways forward. The book includes a detailed article-by-article analysis of the new ITRs, explaining their implications, and concludes with recommendations for national authorities. It concludes with an analysis of events from the point of view of dispute resolution theory, offering suggestions for how to avoid divisive outcomes in the future
    Description / Table of Contents: HistoryThe 1988 International Telecommunication Regulations -- The Path to Revision -- What Happened at WCIT -- Overall Analysis of the 2012 treaty -- Article-by-Article Commentary -- Resolutions -- Conclusions and Implications for National Legislators and Regulators.
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  • 21
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642381867
    Language: English
    Pages: Online-Ressource (XVI, 307 p. 49 illus., 47 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Yamamoto, Lilian Atoll Island States and international law
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    Keywords: Oceanography ; Law ; Law ; Oceanography ; Oceanography ; Law ; Atoll ; Klimaänderung ; Souveränität ; Internationales Recht ; Conference on the Law of the Sea
    Abstract: Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants
    Description / Table of Contents: Chapter 1: Geography, Economy and Environment of Low-lying Island StatesChapter 2: Climate Change and its Effects on Low-lying Island States -- Chapter 3: Climate Change Negotiations and AOSIS -- Chapter 4: Low-lying Island Future Scenarios, Adaptation Strategies and their Implication under UNCLOS -- Chapter 5: Alternative Solutions to Preserve the Sovereignty of Atoll Island States -- Chapter 6: climate Change Displacement in Atoll Island States -- Concluding Remarks.
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  • 22
    ISBN: 9789401789356
    Language: English
    Pages: Online-Ressource (XX, 455 p, online resource)
    Edition: 2nd ed. 2014
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Sadurski, Wojciech, 1950 - Rights before courts
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    Keywords: Philosophy of law ; Law ; Law ; Philosophy of law ; Ostmitteleuropa ; Verfassungsgerichtsbarkeit ; Ostmitteleuropa ; Verfassungspolitik
    Abstract: This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government
    Description / Table of Contents: Preface to the Second EditionIntroduction -- Part 1 -- 1. The Model of Constitutional Review In Central And Eastern Europe: An Overview -- 2. Constitutional Courts in Search if Legitimacy.- 3. The Model of Judicial Review And Its Implications -- 4. Constitutional Courts and Legislation -- Part II -- 5. Judicial Review And Protection of Constitutional Rights.- 6. Personal, Civil and Political Rights and Liberties -- 7. Socio-Economic Rights.- 8. Equality and Minority Rights.- 9. “Decommunisation”, “Lustration” and Constitutional Continuity -- 10. Restrictions of Rights.- General Literature -- Index.
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  • 23
    ISBN: 9789400775404
    Language: English
    Pages: Online-Ressource (XV, 369 p. 20 illus., 10 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Reloading data protection
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    Keywords: Philosophy of law ; Technology Philosophy ; Computer science ; Law ; Law ; Philosophy of law ; Technology Philosophy ; Computer science ; Aufsatzsammlung ; Konferenzschrift ; Datenschutz ; Internationales Recht ; Datenschutz ; Internationales Recht
    Abstract: This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. The first section of the book provides an overview of developments in data protection in different parts of the world. The second section focuses on one of the most captivating innovations of the data protection package: how to forget, and the right to be forgotten in a digital world. The third section presents studies on a recurring, and still important and much disputed, theme of the Computers, Privacy and Data Protection (CPDP) conferences : the surveillance, control and steering of individuals and groups of people and the increasing number of performing tools (data mining, profiling, convergence) to achieve those objectives. This part is illustrated by examples from the domain of law enforcement and smart surveillance. The book concludes with five chapters that advance our understanding of the changing nature of privacy (concerns) and data protection
    Description / Table of Contents: ForewordAbout the Authors -- Part 1: Data protection in the world : Brazil and Poland.- 1. Data Protection in Brazil: New Developments and Current Challenges; Danilo Doneda and Laura Schertel Mendes -- 2. The effectiveness of redress mechanisms. Case study : Poland; Dorota Głowacka and Beata Konieczna -- Part 2: Forgetting and the right to be forgotten -- 3. Forgetting, Non-Forgetting and Quasi-Forgetting in Social Networking: Canadian Policy and Corporate Practice; Colin Bennett, Christopher Parsons and Adam Molnar -- 4. The EU, the US and the Right to be Forgotten; Paul Bernal -- 5. Stage ahoy! Deconstruction of the “drunken pirate” case in the light of impression management; Paulan Korenhof.- Part 3: Surveillance and law enforcement.- 6. New surveillance, new penology and new resistance: towards the criminalisation of resistance?; Antonella Galetta -- 7. Surveillance and Criminal Investigation: Blurring of Thresholds and Boundaries in the Criminal Justice System?; John Vervaele -- 8. Privatization of Information and the Data Protection Reform; Els De Busser -- 9. Quo vadis smart surveillance? Smart technologies combine and challenge democratic oversight; Marc Langheinrich, Rachel Finn, Vlad Coroama and David Wright -- 10. Surveillance of Communications Data and Article 8 of the European Convention on Human Rights; Nora Ni Loideain --  Part 4: Understanding data protection and privacy -- 11. Realizing the Complexity of Data Protection; Marion Albers -- 12. Forgetting about consent. Why the focus should be on “suitable safeguards” in data protection; Gabriela Zanfir.- 13. “All my mates have got it, so it must be okay”: Constructing a Richer Understanding of Privacy Concerns; Anthony Morton -- 14. Data mining and Its Paradoxical Relationship to the Purpose Limitation Principle; Liane Colonna.- 15. The cost of using Facebook: Assigning value to privacy protection on social network sites against data mining, identity theft, and social conflict; Wouter Steijn -- 16. Strong Accountability: Beyond Vague Promises; Denis Butin, Marcos Chicote and Daniel Le Métayer. .
    Note: Includes bibliographical references
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  • 24
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400775992
    Language: English
    Pages: Online-Ressource (X, 262 p. 7 illus, online resource)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 30
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Human rights and civil liberties in the 21st century
    RVK:
    Keywords: Public law ; Constitutional law ; Law ; Law ; Public law ; Constitutional law ; Aufsatzsammlung ; Menschenrecht ; Freiheit ; Menschenrecht ; Bürgerrecht ; Europäischer Gerichtshof für Menschenrechte
    Abstract: This volume contributes to the on-going legal discussion on pressing procedural and substantial law issues in the ambit of international human rights and civil liberties. While the 20th century has seen the true awakening of human rights, the 21st century poses new challenges to this ever-unfolding area of law. Not only do international tribunals and quasi-tribunals worldwide and domestic US and European continental courts have to deal with increasing numbers of complaints and petitions from individuals and groups on a vast array of societal problems, the legal issues put to them are sometimes extremely difficult to resolve as they relate to very sensitive issues. This book examines issues ranging from the status of human rights under US law to the status of the ECHR in the broader context of international law. It looks at the role of positive obligations in the case law of the Strasbourg Court, as well the impact of its case-law on childbirth and push-back operation towards boat people, but also at the growing unwillingness of ECHR member states to cooperate with the Strasbourg Court. It explores the new frontiers in US Capital punishment litigation, the first case before the International Criminal Court and the legal effect of judgments of the European Court on third states
    Description / Table of Contents: Introduction; Yves Haeck and Eva BremsInterpretation and Application of the European Convention on Human Rights in the Broader Context of International Law: Myth or Reality?; Cesare Pitea -- Universal Human Rights Law in the United States; Mortimer N.S. Sellers -- The Duty of Cooperation of the Respondent State during the Proceedings before the European Court of Human Rights; Helena De Vylder and Yves Haeck -- Protection by the Law: The Positive Obligation to Develop a Legal Framework to Adequately Protect ECHR Rights; Laurens Lavrysen -- The Adjudication Process and Reasoning at the International Criminal Court: the Lubanga Trial Chamber Judgment, Sentencing and Reparations; Susana SáCouto and Katherine Cleary -- Interim Measures before the Inter-American and African Human Rights Commissions - Strengths and Weaknesses; Clara Burbano-Herrera and Frans Viljoen -- The Law of the Sea and Human Rights in the Hirsi Jamaa and Others v. Italy Judgment of the European Court of Human Rights; Jasmine Coppens -- New Frontiers in American Capital Punishment Litigation; Eric M. Freedman -- The Impact of European Human Rights on Childbirth; Marlies Eggermont -- Res Interpretata: Legal Effect of the European Court of Human Rights’ Judgments for other States than those which were Party to the Proceedings; Adam Bodnar -- About the Authors.
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  • 25
    ISBN: 9789400776661
    Language: English
    Pages: Online-Ressource (X, 362 p. 2 illus. in color, online resource)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 31
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Civil litigation in China and Europe
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    Keywords: Civil law ; Civil Law ; Law ; Law ; Civil law ; China ; Prozess ; Europäische Union
    Abstract: This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature
    Description / Table of Contents: Acknowledgements.- List of Abbreviations.- About the AuthorsTable of Contents.- Introduction; C.H. (Remco) van Rhee and Fu Yulin.- Part 1  China: Mainland.- China: Mainland. Efficiency at the Expense of Quality?; Wang Yaxin and Fu Yulin.- Case Management in China’s Civil Justice System; Cai Yanmin.- From ‘Trial Management’ to ‘Case Management’ in China; Wang Fuhua.- Part 2 China: Hong Kong.- China: Hong Kong. Selective Adoption of the English Woolf Reforms; Peter Chan, David Chan and Chen Lei.- Impact of Civil Justice Reform on Alternative Dispute Resolution: A Hong Kong Prospective; Christopher To.- Part 3 Austria and Germany.- Austria and Germany: A History of Successful Reforms; Andrea Wall.- The Austrian Model of Cooperation between the Judges and the Parties; Irmgard Griss.- ‘Mediation Judges’ in Germany: Mutual interference of EU standards and national developments; Burkhard Hess.- Part 4  Croatia.- Croatia: Omnipotent Judges as the Cause of Procedural Inefficiency and Impotence; Alan Uzelac.- Commercial Courts in Croatia and Case Management; Mario Vukelić.- Part 5 Italy.- Italy: Civil Procedure in Crisis; Elisabetta Silvestri.- Part 6 The Netherlands.- The Netherlands: A No-Nonsense Approach to Civil Procedure Reform; C.H. (Remco) van Rhee and Remme Verkerk.- Mediation: A Desirable Case Management Tool for the Courts?; Rob Jagtenberg.- Part 7 Romania.- Romania: Procedural reforms: Plus ça change, plus c'est la même chose ; Serban Vacarelu and Adela Ognean.- ANNEX.- Case Management and Procedural Discipline in England and Wales: Fundamentals of an Essential new Technique; Neil Andrews -- Case Management in France; Emmanuel Jeuland.
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  • 26
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642450945
    Language: English
    Pages: Online-Ressource (XVIII, 342 p, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Art, cultural heritage and the market
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    Keywords: Kunst ; Kulturgüter ; Sachenrecht ; Kriegsfolgen ; Kunsthandel ; Welt ; Humanities ; Law ; Law ; Humanities ; Kunst ; Kulturerbe ; Kulturgüterschutz ; Internationale Kooperation ; Kunstmarkt ; Kunst ; Kulturerbe ; Kunstmarkt ; Recht ; Geschichte 1900-2014
    Abstract: In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers, and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage, and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book. Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal, but interdisciplinary aspects are considered as well
    Description / Table of Contents: 1. Art, Cultural Heritage and the Market: Legal and Ethical Issues2. Reparation Art - Finding Common Ground in the Resolution of Disputes on Russian War Spoils and Nazi-Looted Art -- 3. Alternative Dispute Resolution in Art Claims: Arbitration and Mediation in Restitution Claims by the Dutch Restitutions Committee -- 4. Alternative Dispute Resolution Mechanisms in Cultural Property Related Disputes: UNESCO Mediation and Conciliation Procedure -- 5. Protecting Cultural Objects: Enforcing the Illicit Export of Foreign Cultural Objects -- 6. The Perils of Buying and Selling Art at the Fair: Legal Issues in Title -- 7. How to break the Deadlock in the Debate about Colonial Acquisitions? -- 8. Repatriation and Multilevel Heritage Legislation in Canada and Australia: A Comparative Analysis of the Challenges in Repatriating Religious Artefacts to Indigenous Communities -- 9. The Underwater Heritage of the Riace Bronzes: Ethics and the Art Market in Ancient Rome and Today -- 10. Underwater Cultural Heritage and the Market: The Uncertain Destiny of Historic Sunken Warships under International Law -- 11. Collectible - The Social and Ethical Implications Surrounding the Collected Object -- 12. The Art of the Sale: Museums and Deaccessioning -- 13. The Implementation on the Resale Right Directive in Germany and the United Kingdom -- 14. Art Exchange? How the International Art Market lacks a Clear Regulatory Framework.
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  • 27
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9781402068171
    Language: English
    Pages: Online-Ressource (VIII, 211 p, online resource)
    Series Statement: The International Library of Ethics, Law and Technology 10
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. In pursuit of nanoethics
    Keywords: Philosophy (General) ; Ethics ; Law ; Economics ; Social sciences ; Nanotechnology ; Philosophy ; Philosophy (General) ; Ethics ; Law ; Economics ; Social sciences ; Nanotechnology ; Nanotechnology ; Moral and ethical aspects ; Nanotechnology ; Social aspects
    Abstract: This volume assembles an interdisciplinary team of leading academics, industry figures, policymakers and NGO’s to consider the legal, ethical and social issues that are raised by innovations in nanoscience and nanotechnology. By bringing together international experts from a diverse range of fields this volume addresses the implications and impact that nanotechnology has on society. Through the exploration of six key themes the contributors analyse both the impact of nanotechnology and the emergence of the concept of nanoethics. Each section includes authors from both sides of the political and scientific divide - incorporating both positive and negative perspectives on nanotechnology, as well as including discussions of associated concepts such as converging technologies. The result provides for the widest and most balanced discussion of these issues to date
    Note: Includes bibliographical references and index
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  • 28
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783662435700
    Language: English
    Pages: Online-Ressource (XIV, 250 p, online resource)
    Series Statement: Hamburg Studies on Maritime Affairs, International Max Planck Research School for Maritime Affairs at the University of Hamburg 30
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Becker-Weinberg, Vasco, 1979 - Joint development of hydrocarbon deposits in the law of the sea
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    Keywords: Environmental law ; Law ; Law ; Environmental law ; Environmental law ; Law ; Kohlenwasserstofflagerstätte ; Grenzüberschreitende Kooperation ; Küstenstaat ; Grenzkonflikt ; Seevölkerrecht
    Abstract: This book examines the concept and purpose of joint development agreements of offshore hydrocarbon deposits from the perspective of public international law and the law of the sea, taking into consideration and extensively reviewing State practice concerning seabed activities in disputed maritime areas and when hydrocarbon deposits extend across maritime boundaries. It distinguishes between agreements signed before and after the delimitation of maritime boundaries and analyzes the relevance of natural resources or unitization clauses included in maritime delimitation agreements. It also takes into consideration the relation between these resources and maritime delimitation and analyzes all the relevant international jurisprudence. Another innovative aspect of this book is that it examines the possibility of joint development of resources that lay between the continental shelf and the Area, considering both theoretical and practical problems. As such, the book is a useful tool for scholars and experts on public international law and the law of the sea, but also for national authorities and practitioners of international disputes resolution, as well as public and private entities working in the oil and gas industry
    Description / Table of Contents: Chapter 1 IntroductionChapter 2 The Concept and Purpose of Joint Development of Hydrocarbon Deposits -- Chapter 3 Joint Development Agreements in International Law in General -- Chapter 4 Mineral Resources Clauses in Delimitation Treaties and Joint Development Agreements -- Chapter 5 Joint Development Agreements in Cases of Transboundary Hydrocarbon Deposits -- Chapter 6 Joint Development Agreements in Areas of Overlapping Claims: Legal Regime -- Chapter 7 Joint Development Agreements in Areas of Overlapping Claims: State Practice -- Chapter 8 The Role of Mineral Resources in Maritime Delimitation -- Chapter 9 Resources that Lie between the Continental Shelf and the Area (Art. 142 of UNCLOS) -- Chapter 10 Conclusions and Outlook.   .
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  • 29
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642349461
    Language: English
    Pages: Online-Ressource (XXXIII, 605 p. 7 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Alternative dispute resolution in European administrative law
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    Keywords: Administrative law ; Law ; Law ; Administrative law ; Aufsatzsammlung ; Europäische Union ; Verwaltungsrecht ; Rechtsstreit ; Beilegung
    Abstract: This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.
    Abstract: This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals
    Description / Table of Contents: Chapter 1: Administrative Appeals in Germany by Ulrich StelkensChapter 2: Alternative Dispute Resolution in French Administrative Proceedings by Rhita Bousta and Sagar Arun -- Chapter 3: Administrative Appeals in the Italian Law: On the Brink of Extinction or Might They Be Saved (And Are They Worth Saving)? by Mario Comba and Roberto Caranta -- Chapter 4:  The Dutch System of Dispute Resolution in Administrative Law by Philip Langbroek, Milan Remac and Paulien Willemsen -- Chapter 5: Administrative Appeals and ADR in Danish Administrative Law by Inger Marie Conradsen, Michael Gøtze -- Chapter 6: The Complexity of Administrative Appeals in Belgium:  Not Seeing the Woods for the Trees by Ludo M. Veny -- Chapter 7: Administrative Justice in Austria in the Stage of Transition: From Administrative Appeals to Administrative Courts or the Final Stage of “Tribunalization” of Administrative Disputes by Friederike Bundschuh-Rieseneder and Alexander Balthasar -- Chapter 8: ADR Tools in Spanish Administrative Law by Susana Galera, Pablo Acosta and Helena Soleto -- Chapter 9: ADR in the Administrative Law - A Perspective from the United Kingdom by David Marrani and Youseph Farah -- Chapter 10: Administrative Appeals and Other Forms of ADR in Hungary by Anita Boros and András Patyi -- Chapter 11: Administrative Remedies in Polish Administrative Law by Andrzej Skoczylas and Mariusz Swora -- Chapter 12: Effective Conflict Resolution in Administrative Proceedings in Slovenia - A Theoretical and Empirical Analysis by Polonca Kovač -- Chapter 13: Administrative Appeals, Ombudsman and Other ADR Tools in the Czech Administrative Law by Soňa Skulová, Lukáš Potěšil, David Hejč -- Chapter 14: The Dynamic of Administrative Appeals and Other ADR Tools in Romania by Dacian C. Dragos, Bogdana Neamtu and Raluca Suciu -- Chapter 15: Serbia as a Part of the European Administrative Space - ADR Tools Applied to Administrative Law by Vuk Cucić -- Chapter 16: Alternative Dispute Resolution Mechanisms in the European Union Law by Siegfried Magiera and Wolfgang Weiß -- Chapter 17: Administrative Appeals in Comparative European Administrative Law: What Effectiveness? by Dacian C. Dragos and David Marrani -- Chapter 18: The Ombudsman - An Alternative to the Judiciary? by Milan Remac -- Chapter 19: Mediation in Administrative Proceedings: A Comparative Perspective by K.J. de Graaf, A.T. Marseille and H.D. Tolsma.
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  • 30
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642371523
    Language: English
    Pages: Online-Ressource (IX, 238 p. 3 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Criminal proceedings, languages and the European Union
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    Keywords: Comparative linguistics ; Criminal Law ; Law ; Law ; Comparative linguistics ; Criminal Law ; Aufsatzsammlung ; Europäische Union ; Rechtssprache ; Innerstaatliches Recht ; Strafverfahrensrecht
    Abstract: The book “Criminal proceedings, languages and the European Union: linguistic and legal issues” - the first attempt on this subject - deals with the current situation in the jurislinguistic studies, which cover comparative law, language and translation, towards the aim of the circulation of equivalent legal concepts in systems which are still very different from one another. In the absence of common cultures and languages, in criminal procedure it is possible to distinguish features that are typical of common law systems and features that are typical of civil law systems, according to the two different models of adversarial and inquisitorial trials. Therefore, the most problematic challenges are for the European Union legislator to define generic measures that can be easily implemented at the national level, and for the individual Member States to choose corresponding domestic measures that can best implement these broad definitions, so as to pursue objectives set at the European level. In this scenario, the book assesses the new framework within which criminal lawyers and practitioners need to operate under the Lisbon Treaty (Part I), and focuses on the different versions of its provisions concerning cooperation in criminal matters, which will need to be implemented at the national level (Part III). The book analyses the issues raised by multilingualism in the EU decision-making process and subsequent interpretation of legal acts from the viewpoint of all the players involved (EU officials, civil, penal and linguistic lawyers: Part II), explores the possible impact of the EU legal acts concerning environmental protection, where the study of ascending and descending circulation of polysemantic words is especially relevant (Part IV), and investigates the new legal and linguistic concepts in the field of data retention, protection of victims, European investigation orders and coercive measures (Part V)
    Description / Table of Contents: The Lisbon Treaty, mutual legal assistance and judicial cooperationMultilingualism and legal acts -- The Treaty of Lisbon: constitutional provisions with an indefinite content -- Language and the environment: ascending and descending circulation of polysemantic words -- Language and criminal proceedings. Some case-studies.
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  • 31
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400775374
    Language: English
    Pages: Online-Ressource (X, 293 p, online resource)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 29
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. African legal theory and contemporary problems
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    Keywords: Philosophy of law ; Regional planning ; Development Economics ; Criminology ; Law ; Law ; Philosophy of law ; Regional planning ; Development Economics ; Criminology
    Abstract: The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the crises of the environment. Apart from being problems that have an indelible African mark on them, a common theme that runs throughout the essays in this book is that African legal theory has been excluded, under-explored or under-theorised in the search for solutions to such contemporary problems. The essays make a modest attempt to reverse this trend. The contributors investigate and introduce readers to the key issues, questions, concepts, impulses and problems that underpin the idea of African legal theory. They outline the potential offered by African legal theory and open up its key concepts and impulses for critical scrutiny. This is done in order to develop a better understanding of the extent to which African legal theory can contribute to discourses seeking to address some of the challenges that confront African and non-African societies alike
    Description / Table of Contents: AcknowledgmentsList of Contributors -- Introduction; Oche Onazi -- Part I:  Law -- Chapter 1 On ‘African’ Legal Theory: A Possibility, An Impossibility or Mere Conundrum?; Chikosa Mozesi Silungwe -- Chapter 2 When British Justice (in African Colonies) Points Two Ways: On Dualism, Hybridity, and the Genealogy of Juridical Negritude in Taslim Olawale Elias; Mark Toufayan -- Chapter 3 Decoding Afrocentrism: Decolonizing Legal Theory; Dan Kuwali -- Chapter 4 Connecting African Jurisprudence to Universal Jurisprudence through a shared understanding of Contract; Dominic Burbidge -- Chapter The Legal Subject in Modern African Law: A Nigerian Report; Olúfémi Táíwó -- Part II: Rights -- Chapter 6 African Values, Human Rights and Group Rights: A Philosophical Foundation for the Banjul Charter; Thaddeus Metz -- Chapter 7 Before Rights and Responsibilities: An African Ethos of Citizenship; Oche Onazi -- Chapter 8 The Practice and the Promise of Making Rights Claims: Lessons from the South African Treatment Access Campaign; Karen Zivi.- Chapter 9 Unpacking the Universal: African Human Rights Philosophy in Chinua Achebe’s Things Fall Apart; Basil Ugochukwu -- Part III: Society -- Chapter 10 Legal Empowerment of the Poor:  Does Political Participation matter? Oche Onazi -- Chapter 11 The Humanist basis of African Communitarianism as viable third alternative theory of developmentalism; Adebisi Arewa -- 12 Crime Detection and the Psychic Witness in America: an Allegory for re-appraising Indigenous African Criminology; Babafemi Odunsi -- Index.
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  • 32
    ISBN: 9783642357169
    Language: English
    Pages: Online-Ressource (XVI, 459 p. 40 illus, online resource)
    Series Statement: Natural Resource Management in Transition 1
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Voluntary Standard Systems
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    Keywords: Environmental law ; Environmental management ; Sustainable development ; Law ; Law ; Environmental law ; Environmental management ; Sustainable development ; Aufsatzsammlung ; Wirtschaftsentwicklung ; Natürliche Ressourcen ; Rohstoffverbrauch ; Nachhaltigkeit ; Selbstverpflichtung ; Internationaler Vergleich
    Abstract: Emerging to the forefront of sustainable production and consumption are a promising and rapidly evolving concept known as Voluntary Standard Systems (VSS). They encompass the three pillars of sustainability - social, environmental and economic aspects, and consequently they can be considered as a tool, which makes sustainable development visible. Currently, they are becoming a significant element in international trade and in the promotion of sustainable development strategies, especially in the context of globalised markets and supply chains. This volume provides a comprehensive overview of the current VSS concepts: from their nature and functioning, to the future outlook for their development. It places VSS in the broader context of global development issues and challenges, including development policy and international sustainability commitments, progress towards achieving ‘green economy’, and meeting climate protection targets. The volume contains also a representative selection of case studies which demonstrate their wide range of application in different sectors of the economy
    Description / Table of Contents: Part I: Concepts and Operation of Voluntary Standard Systems (VSS)Part II: Formal and Private Standards - The Added Value -- Part III: Voluntary Standards Systems - The Development Dimension -- Part IV: Implementation and Impact of VSS -- Part V: Challenges and Future Trends.
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  • 33
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642232664
    Language: English
    Pages: Online-Ressource (XVII, 710 p, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Zhang, Jinfan, 1930 - The tradition and modern transition of Chinese law
    RVK:
    Keywords: Law ; Law ; China ; Rechtssystem ; China ; Recht ; Geschichte
    Abstract: The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, ...
    Description / Table of Contents: I The Tradition of Chinese LawTo Introduce “Li” (Rites) Into Law And To Integrate “Li” (Rites) with Law -- To Regard Human Being as a Standard, to Promote Morality and to Inflict Penalty with Prudence -- Rights Differentiated, Duty as a Standard -- Advocating Impartiality, Emphasizing Criminal Law and Neglecting Civil Law -- Following “Tian Li” (Heavenly Principles) and Enforcing Laws According to the Concrete Situations of Specific Cases -- The Law Deriving from Monarch, the Monarchy Power Overtopping Law -- Clan Orientation and The Ethical Rule of Law -- Regulating Official by Law, Defining Duties and Obligations -- Historical Comparison and Timely Adjustment of the Legal System -- Unified Interpretation of Law and Unparalleled Flourishing of “Lv Xue” -- “Zhu Fa Bing Cun” (The Coexistence of Various Laws) and “Min Xing You Fen” (The Differentiation Between Civil and Criminal Laws) -- Revising Laws by Legislation and Citing Precedents by “Bi Fu” (Legal Analogy) -- Making Convictions by Law and Making Judgments by Analogy -- Pursuing No Litigation, and Settling Conflicts by Mediation -- The Contribution to Chinese Legal System by All Nationalities in China -- II The Modern Transition of Chinese Law -- The Introduction of Western Legal Culture -- The Change of Traditional Legal Concepts -- The Thoughts and Practices of Legal Reform in the Transitional Process -- The Continuing Progress of the Modern Legal Transition During the Period of the Republic of China -- The Historical Value of the Modern Transition of Chinese Law and the Experience for Reference.
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  • 34
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642541636
    Language: English
    Pages: Online-Ressource (XVI, 343 p, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Varella, Marcelo Dias, 1974 - Internationalization of law
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    Keywords: Philosophy of law ; Law ; Law ; Philosophy of law ; Internationalisierung ; Recht ; Völkerrecht
    Abstract: The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international), and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal, and labor law contribute to the formation of postnational law with different modes of functioning, different actors, and different sources of law that should be understood as a new complexity of law
    Description / Table of Contents: 1. Introduction2. Factors and Actors Behind Greater Complexity in Contemporary International Law -- 3. The Greater Complexity of International Law with the Intensification of Relations Among States and International Organizations -- 4. The Internationalization of Law from the Perspective of Infra- and Non-State Actors -- 5. New Features of the Internationalized Legal System: Expansion, Consolidation, Plurality, and Effectiveness -- 6. Challenges with Complexity: New Sources, Private Regimes and the Proliferation of Conflict Resolution Mechanisms -- 7. The problems of New and Old Concepts of International Law -- 8. Conclusions.
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  • 35
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642409578
    Language: English
    Pages: Online-Ressource (XXVI, 254 p. 1 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Prohibition, religious freedom, and human rights: regulating traditional drug use
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    Keywords: Toxicology ; Public health laws ; Religion (General) ; Law ; Law ; Toxicology ; Public health laws ; Religion (General) ; Aufsatzsammlung ; Aufsatzsammlung ; Aufsatzsammlung ; Aufsatzsammlung ; Drogenkonsum ; Tradition ; Religionsausübung ; Menschenrecht ; Betäubungsmittelrecht ; Drogenpolitik ; Internationaler Vergleich
    Abstract: This book addresses the use and regulation of traditional drugs such as peyote, ayahuasca, coca leaf, cannabis, khat and Salvia divinorum. The uses of these substances can often be found at the intersection of diverse areas of life, including politics, medicine, shamanism, religion, aesthetics, knowledge transmission, socialization, and celebration. The collection analyzes how some of these psychoactive plants have been progressively incorporated and regulated in developed Western societies by both national legislation and by the United Nations Drug Conventions. It focuses mainly, but not only, on the debates in court cases around the world involving the claim of religious use and the legal definitions of “religion.” It further touches upon issues of human rights and cognitive liberty as they relate to the consumption of drugs. While this collection emphasizes certain uses of psychoactive substances in different cultures and historical periods, it is also useful for thinking about the consumption of drugs in general in contemporary societies. The cultural and informal controls discussed here represent alternatives to the current merely prohibitionist policies, which are linked to the spread of illicit and violent markets. By addressing the disputes involved in the regulation of traditional drug use, this volume reflects on notions such as origin, place, authenticity, and tradition, thereby relating drug policy to broader social science debates
    Description / Table of Contents: Foreword: David CourtwrightIntroduction -- Human Rights and Drug Conventions: Searching for Humanitarian Reason in Drug Laws.- Coca in Debate: The Contradiction and Conflict between the UN Drug Conventions and the Real World -- Marijuana and Religious Freedom in the United States -- Peyote, Race, and Equal Protection in the United States -- From the Sacrilegious to the Sacramental: A Global Review of Rastafari Cannabis Case Law -- The Expansion of Brazilian Ayahuasca Religions: Law, Culture and Locality -- Framing the Chew: Narratives of Development, Drugs, and Danger with Regard to Khat (Catha Edulis) -- Salvia divinorum, Hallucinogens, and the Determination of Medical Utility -- "Legalize Spiritual Discovery": The Trials of Dr. Timothy Leary -- Cannabis and the Psychedelics: Reviewing the UN Drug Conventions -- Beyond Religious Freedom: Psychedelics and Cognitive Liberty -- Fear and Loathing in Drugs Policy: Risk, Rights, and Approaches to Drug Policy and Practice.      .
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  • 36
    ISBN: 9783642379079
    Language: English
    Pages: Online-Ressource (XI, 120 p, online resource)
    Edition: 2nd ed. 2013
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Balouziyeh, John M. B. A legal guide to United States business organizations
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    Keywords: Commercial law ; Law ; Law ; Commercial law ; USA ; Unternehmensform
    Abstract: This volume provides an overview of United States federal and state law governing business organizations. The chapters take the reader through a step-by-step exposition of the most basic sole proprietorships to the most complex multi-tiered conglomerates. Among the business organizations treated are partnerships with their various modalities (general partnerships, limited partnerships, limited liability partnerships), corporations (including closely held corporations, public corporations and other variations) and limited liability companies. The case law and statutes governing the full menu of business organizations are systematically analyzed and presented. Leading cases at both the federal and state level as well as model legislation such as the Uniform Partnership Act and enacted legislation are further examined. Other topics covered include Agency and partnerships, Accounting, taxation and finance, Startup corporations and venture capital, Fiduciary duties and shareholder control, Mergers and acquisitions
    Description / Table of Contents: Preface; Abbreviations; Contents; Part I: Introduction and General Principles; Chapter 1: Introduction; 1.1 Preliminary Notes; 1.2 Intended Audience; 1.3 A Note on the American Case Law; 1.4 The Business Organization: An Overview; 1.4.1 Definition; 1.4.2 The Variety of Business Organizations; 1.5 Factors to Consider When Choosing a Business Entity; 1.5.1 General Overview; 1.5.2 Factors; 1.5.2.1 Tax Treatment; 1.5.2.2 Owners´ Liability; 1.5.2.3 Governance; 1.5.2.4 Raising Capital; 1.5.2.5 Exit Strategies; Chapter 2: Agency; 2.1 Defining Agency
    Description / Table of Contents: 2.2 Liability of Principals to Third Parties in Tort2.2.1 Servant Versus Independent Contractor; 2.2.2 Liability for Torts of Independent Contractors; 2.2.3 Scope of Employment; 2.2.4 Statutory Claims; 2.3 Liability of Principals to Third Parties in Contract; 2.3.1 Actual Authority; 2.3.2 Apparent Authority; 2.3.3 Inherent Agency Power; 2.3.4 Ratification; 2.3.5 Estoppel; 2.3.6 Agent´s Liability on the Contract; 2.4 Fiduciary Obligations of Agents; 2.4.1 Duties During Agency; 2.4.2 ``Grabbing and Leaving´´; Chapter 3: Accounting and Finance; 3.1 Principles of Accounting
    Description / Table of Contents: 3.1.1 Three Basic Accounting Formats3.1.1.1 Balance Sheets; 3.1.1.2 Income Statements; 3.1.1.3 Cash Flow Summaries; 3.1.2 Debits, Credits, and Double-Entry Bookkeeping; 3.1.3 Boundary Problems; 3.1.4 Accounting Standards; 3.2 Principles of Finance; 3.2.1 The Theory of the Firm; 3.2.2 The Time Value of Money; 3.2.2.1 Overview; 3.2.2.2 Present Value of a Single Future Payment; 3.2.2.3 Internal Rates of Return; 3.2.2.4 Valuing Streams of Future Payments; 3.3 Conclusion; 3.3.1 Other Concepts in Corporate Finance; 3.3.2 The Application of Double Taxation
    Description / Table of Contents: Part II: The Sole Proprietorship and PartnershipsChapter 4: Sole Proprietorships; 4.1 Characteristics; 4.2 Credit, Financing, and Unlimited Liability; 4.2.1 The Use of Credit and Leveraging; 4.2.2 Taxes and Creditors; 4.2.3 Liability; 4.3 Employees, Relationships and Duties; Chapter 5: Partnerships; 5.1 Characteristics; 5.2 Partnership Variations; 5.2.1 General Partnerships; 5.2.2 Limited Partnerships; 5.2.3 Limited Liability Partnerships; 5.2.4 Limited Liability Limited Partnerships; 5.2.5 Mining Partnerships; 5.3 The Partners; 5.3.1 Partners Compared with Employees
    Description / Table of Contents: 5.3.2 Partners Compared with Lenders5.3.3 Partnership by Estoppel; 5.3.4 Partnership Property; 5.4 Binding the Partnership; 5.5 Fiduciary Obligations; 5.5.1 Past Partners; 5.5.2 Full Disclosure; 5.6 Partnership Dissolution; 5.6.1 Introduction; 5.6.2 Two Kinds of Partnerships; 5.6.3 The Consequences of Dissolution; 5.6.4 Buyout Agreements; 5.6.5 Law Partnership Dissolutions; Part III: The Corporation; Chapter 6: Introduction to the Corporation; 6.1 Characteristics; 6.1.1 Overview; 6.1.2 Formation; 6.1.3 Control; 6.1.4 Double Taxation; 6.2 The Internal Affairs Rule
    Description / Table of Contents: 6.3 The Scope of Corporate Purpose
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  • 37
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642396205
    Language: English
    Pages: Online-Ressource (X, 310 p. 32 illus., 30 illus. in color, online resource)
    Series Statement: WMU Studies in maritime affairs 2
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Piracy at sea
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    Keywords: Criminology ; Law ; Law ; Criminology ; Seeräuberei ; Seeräuberei
    Abstract: Over more than three decades starting in the 1990s, thousands of robberies, acts of piracy, and other violent attacks against merchant vessels have been reported in many of the world’s waters. The grave danger of piracy poses a direct threat not only to the security and efficiency of marine transportation, but more seriously, to the lives of the men and woman carrying out this important function. This book collates ideas brought up by seafarers, shipowners, industry practitioners, government officials, academics, and researchers exchanged views and insights on the complex web of underlying factors behind the phenomenon of piracy. Piracy at Sea brings together a wide spectrum of maritime stakeholders, who present different aspects of the problem in an open manner and share their thoughts on how to deal with a truly complex situation. It encapsulates this collective wisdom in a publication that can serve as an easy reference for practitioners as well as researchers, and hopefully contribute to more concrete action
    Description / Table of Contents: The Malmö Declaration: Calling for a Multi-sectoral Response to PiracyInternational Conference on Piracy at Sea: Keynote Address -- Piracy: Armed Robbery, Kidnapping, Torture and Murder at Sea -- Human Rights in Counter-piracy Operations: No Legal Vacuum but Legal Uncertainty -- The Use of ‘Ship-riders’ to Assert Jurisdiction over Piracy and Armed Robbery off Somalia: Is the Gulf of Aden the Caribbean? -- The Law Enforcement Approach to Sea Piracy: Overcoming Challenges to Effective Investigation and Prosecution of Somali Pirates -- Japanese Anti-Piracy Law: Protection of Flagged-out Ships -- The Law and Economics of Piracy at Sea -- An Overview of the Economic Implications of Piracy and Armed Robbery against Ships in Nigeria -- An Overview of the Economic Implications of Piracy and Armed Robbery against Ships in Nigeria -- Warships Alone Will not Curb Piracy off the Somali Coast: Lessons from Puntland, State of Somalia -- The North American Maritime Security Initiative (NAMSI) -- Economic, Political, and Social Implications of Piracy in the Gulf of Guinea: Nigeria as a Case Study -- Piracy and Organised Crime at Sea: Following the Money Trail -- How to Thwart Success in Piracy: Core Strategies of Security -- Risk Modelling of Non-lethal Response to Maritime Piracy and Estimating its Effect -- Somali Piracy: Understanding the Criminal Business Model -- MV Renuar: 133 Days of Fear, Helplessness, and Hopelessness -- The Human Cost of Somali Piracy.
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  • 38
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400775220
    Language: English
    Pages: Online-Ressource (XXI, 975 p. 11 illus, online resource)
    Series Statement: Law, Governance and Technology Series 12
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Kindt, Els J. Privacy and data protection issues of biometric applications
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    Keywords: Biometrics ; Computers Law and legislation ; Public law ; Law ; Law ; Biometrics ; Computers Law and legislation ; Public law ; Biometry Law and legislation ; Data protection Law and legislation ; Privacy, Right of ; Hochschulschrift ; Biometrie ; Datenschutz ; Privatleben ; Biometrie ; Identifikation ; Verhältnismäßigkeitsgrundsatz ; Rechtsstaatsprinzip ; Datenschutz
    Abstract: This book discusses all critical privacy and data protection aspects of biometric systems from a legal perspective. It contains a systematic and complete analysis of the many issues raised by these systems based on examples worldwide and provides several recommendations for a transnational regulatory framework. An appropriate legal framework is in most countries not yet in place. Biometric systems use facial images, fingerprints, iris and/or voice in an automated way to identify or to verify (identity) claims of persons. The treatise which has an interdisciplinary approach starts with explaining the functioning of biometric systems in general terms for non-specialists. It continues with a description of the legal nature of biometric data and makes a comparison with DNA and biological material and the regulation thereof. After describing the risks, the work further reviews the opinions of data protection authorities in relation to biometric systems and current and future (EU) law. A detailed legal comparative analysis is made of the situation in Belgium, France and the Netherlands. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. Pleading for more safeguards in legislation, the author makes several suggestions for a regulatory framework aiming at reducing the risks of biometric systems. They include limitations to the collection and storage of biometric data as well as technical measures, which could influence the proportionality of the processing. The text is supported by several figures and tables providing a summary of particular points of the discussion. The book also uses the 2012 biometric vocabulary adopted by ISO and contains an extensive bibliography and literature sources
    Description / Table of Contents: Preface; Peter Hustinx Acknowledgements -- Acronyms -- Table of Contents -- Introduction -- Part I: The Concept Of Biometric Data -- Chapter 1. An Introduction Into The Use Of Biometric Technology -- Section I. A Long History of Use of Biometric Characteristics -- Section II. The Functioning Of A Biometric System -- Chapter 2. Biometric Data, Data Protection and the Right To Privacy -- Section I. Biometric Data and the Concept of Personal Data -- Section II. Biological Material and Other Information Relating To Individuals -- Section III. Biometric Data, Data Protection and Privacy -- Chapter 6. Strengths and Weaknesses Of The Proportionality Principle For Biometric Applications -- Part III: Assessment and Recommendations For Strengthening The Data Protection Framework For Biometric Data -- Chapter 7. The Criteria For The Correct ‘Balancing Of Rights’ -- Chapter 8. The Need For A Consistent Legal Regulation Of Biometric Data -- Chapter 9. A Legal Model For The Use Of Biometric Data In The Private Sector -- List Of Figures And Tables -- Bibliography -- Index.  .
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  • 39
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400707764
    Language: English
    Pages: Online-Ressource (XIII, 266 p, online resource)
    Edition: 4th ed. 2013
    Series Statement: Library of Ethics and Applied Philosophy 29
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Corlett, J. Angelo, 1958 - Responsibility and punishment
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    Keywords: Humanities ; Criminology ; Law ; Law ; Humanities ; Criminology ; Criminology ; Ethics ; Ontology ; Philosophy ; Strafe ; Verantwortlichkeit
    Abstract: This volume provides discussions of both the concept of responsibility and of punishment, and of both individual and collective responsibility. It provides in-depth Socratic and Kantian bases for a new version of retributivism, and defends that version against the main criticisms that have been raised against retributivism in general. It includes chapters on criminal recidivism and capital punishment, as well as one on forgiveness, apology and punishment that is congruent with the basic precepts of the new retributivism defended therein. Finally, chapters on corporate responsibility and punishment are included, with a closing chapter on holding the U.S. accountable for its most recent invasion and occupation of Iraq. The book is well-focused but also presents the widest ranging set of topics of any book of its kind as it demonstrates how the concepts of responsibility and punishment apply to some of the most important problems of our time. “This is one of the best books on punishment, and the Fourth Edition continues its tradition of excellence. The book connects punishment importantly to moral responsibility and desert, and it is comprehensive in its scope, both addressing abstract, theoretical issues and applied issues as well. The topics treated include collective responsibility, apology, forgiveness, capital punishment, and war crimes. Highly recommended.”-John Martin Fischer, Distinguished Professor of Philosophy, University of California, Riverside
    Description / Table of Contents: Preface                                                                                                                                                                                                                                                                                                                                                                       Introduction                                                                                            1: The Problem of Responsibility,- 2: The Problem of Punishment.-3: The Socratic Roots of Retributivism4: Foundations of a Kantian Retributivism -- 5: Assessin Retributivism -- 6: Retributivism and Recidivism -- 7: Forgiveness, Apology, and Retributive Punishment.-   8: Capital Punishment.- 9: The Problem of Collective Responsibility.-10: Corporate Responsibility and Punishment.-11: U.S. Responsibility for War Crimes in Iraq.-Conclusion                                                                                        .
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  • 40
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400779518
    Language: English
    Pages: Online-Ressource (VII, 231 p. 3 illus. in color, online resource)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 33
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Precedent in the United States Supreme Court
    Keywords: Philosophy of law ; Constitutional law ; Law ; Law ; Philosophy of law ; Constitutional law ; USA Supreme Court ; Präzedenzfall ; Rechtsanwendung
    Abstract: This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems
    Description / Table of Contents: ContributorsIntroduction; Christopher J. Peters -- 1 The Dialectic of Stare Decisis Doctrine; Colin Starger -- 2 Did Casey Strike Out? Following and Overruling Constitutional Precedents in the Supreme Court; Larry Alexander -- 3 An Epistemic Defense of Precedent; Deborah Hellman -- 4 Private-Rights Litigation and the Normative Foundations of Durable Constitutional Precedent ; Maxwell L. Stearns -- 5 Group Formation and Precedent; Neal Devins -- 6 Stare Decisis and the Selection Effect; Frederick Schauer -- 7 Methodological Stare Decisis and Constitutional Interpretation; Chad M. Oldfather -- 8 Constitutional Method and the Path of Precedent; Randy J. Kozel -- 9 Originalism, Stare Decisis, and Constitutional Authority; Christopher J. Peters -- Index.
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  • 41
    ISBN: 9783642405556
    Language: English
    Pages: Online-Ressource (X, 279 p. 6 illus, online resource)
    Series Statement: Veröffentlichungen des Instituts für Deutsches, Europäisches und Internationales Medizinrecht, Gesundheitsrecht und Bioethik der Universitäten Heidelberg und Mannheim 41
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Advance care decision making in Germany and Italy
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    Keywords: Public health ; Public health laws ; Law ; Law ; Public health ; Public health laws ; Aufsatzsammlung ; Deutschland ; Italien ; Patientenverfügung ; Rechtsvergleich ; Deutschland ; Italien ; Patientenverfügung ; Rechtsvergleich
    Abstract: What is the situation of people who are unable to make decisions due to a physical or mental change? This book gives impulses and answers to many ethical, economical and mainly legal questions which arise and are associated with the end of life. A universal human rights approach and the analysis of the relevant European law are put in front of the presentation of the national legal situations in Italy and Germany. The most topical and controversial issues concerning advance care planning are presented as well as a transnational economic analysis on the effects of advance care planning.
    Abstract: What is the situation of people who are unable to make decisions due to a physical or mental change? This book gives impulses and answers to many ethical, economical and mainly legal questions which arise and are associated with the end of life. A universal human rights approach and the analysis of the relevant European law are put in front of the presentation of the national legal situations in Italy and Germany. The most topical and controversial issues concerning advance care planning are presented as well as a transnational economic analysis on the effects of advance care planning
    Description / Table of Contents: ForewordUniversal Human Rights and End-of-Life Care -- Advance Health Care Directives under European Law and European Biolaw -- Advance Directives Regulation in Italy: Between Consent and Legal Rules -- Patient’s autonomy according to German Law -- “Killing me softly”: new questions about therapeutic self-determination in the Italian society and old answers from the Criminal Code -- The German Law on Euthanasia: the legal basics and the actual debate -- Access to Palliative Care in the Italian Legal System -- Legal Rules on Palliative Care under German Law -- End of Life Care and the Economics of Living Wills -- Appendix.
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  • 42
    ISBN: 9783642449468
    Language: English
    Pages: Online-Ressource (XXI, 503 p, online resource)
    Series Statement: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, Veröffentlichungen des Max-Planck-Instituts für ausländisches öffentliches Recht und Völkerrecht 247
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Friedrich, Jürgen International environmental "soft law"
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    Keywords: Environmental law ; Sustainable development ; Law ; Law ; Environmental law ; Sustainable development ; Internationales Umweltrecht ; Soft law ; Internationales Umweltrecht
    Abstract: In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns
    Description / Table of Contents: Part I: Nonbinding instruments in international practicePart II: The role and limits of nonbinding instruments -- Part III: The legitimacy of nonbinding instruments -- Part IV: Concluding summary.
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  • 43
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642301292
    Language: English
    Pages: Online-Ressource (XIV, 823 p. 1 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. International handbook of cooperative law
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    Keywords: Commercial law ; Law ; Law ; Commercial law ; Genossenschaftsrecht ; Rechtsvergleich
    Abstract: The degree of development reached by cooperatives of different sectors throughout the world, which among others led to the UN declaring 2012 as the International Year of Cooperatives, needs to be accompanied by a similar development of corresponding legislation. To this end, a better knowledge of cooperative law from the comparative point of view, as has already been established for other types of enterprises, becomes of great importance. This book strives to fill this gap, and is divided into four parts. The first part offers an analytic and conceptual framework with which to understand, study and assess cooperative law from a transnational and comparative perspective. The second part includes several chapters dealing with attempts to harmonize cooperative laws. The third part contains an overview of more than 30 national cooperative laws, while the last part summarizes and compares these national cooperative laws, thus laying the foundation for a comparative cooperative law doctrine
    Description / Table of Contents: Part 1: Understanding Cooperatives and Cooperative LawPart 2: The Convergence of Cooperative Law -- Part 3: Cooperative Law: an International Overview -- Part 4: Comparative Cooperative Law.
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  • 44
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642316470
    Language: English
    Pages: Online-Ressource (XII, 413 p. 7 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Zhao, Xijun The duty of medical practitioners and CAM/TCM practitioners to inform competent adult patients about alternatives
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    Keywords: Public health laws ; Law ; Law ; Public health laws ; USA ; England ; Kanada ; Australien ; Neuseeland ; China ; Japan ; Ärztliche Aufklärungspflicht ; Alternative Medizin ; Rechtsvergleich
    Abstract: The book pays interest to a small and almost untouched topic: a health practitioner’ s duty to inform about alternatives. It covers both orthodox medicine practitioners and CAM practitioners. The topic is explored in a co mparative way, examining the laws of not only common law jurisdictions, such as the USA, England, Canada, Australia, New Zealand, but also two East Asia jurisdictions ( China and Japan ) . It uses the collective wisdom of several common law jurisdictions, but also differentiates them. It places the issue of “disclosure of alternatives” in a clear and wider context, making a cogent distinction between diagnosis/treatment and information disclosure
    Description / Table of Contents: The Duty of Medical Practitioners and CAM/TCM Practitioners to Inform Competent Adult Patients about Alternatives; Acknowledgments; Contents; Chapter 1: Introduction; Chapter 2: Information Disclosure: A Distinctive Profile; Chapter 3: Disclosure of Alternatives: In a Wide Context; Chapter 4: Filters and Circumstances; Chapter 5: Categorisation of Alternatives; Chapter 6: Emerging Treatment Options; Chapter 7: Financially Unavailable Treatment Options; Chapter 8: CAM and Alternatives; Chapter 9: New Zealand Context and Beyond; Chapter 10: Chinese Context; Chapter 11: Conclusion; Appendices
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  • 45
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642409134
    Language: English
    Pages: Online-Ressource (XIX, 534 p. 4 illus, online resource)
    Series Statement: European Yearbook of International Economic Law 5
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. European yearbook of international economic law ; 2014
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    Keywords: International economics ; Law ; Law ; International economics ; Europäische Union ; Auslandsinvestition ; Recht
    Abstract: In 2014, the global economic system celebrates two anniversaries: Seventy years ago, on 22 July 1944 at Bretton Woods, New Hampshire, the Articles of Agreement of the International Monetary Fund (IMF) and the Articles of Agreement of the International Bank for Reconstruction and Development (Worldbank) were adopted. Since then the global financial and monetary system underwent significant policy changes, but the institutional framework remained the same. More recently, twenty years ago, on 15 April 1994, the Final Act of the Uruguay Round of Multilateral Trade Negotiations was signed and its key component, the Agreement establishing the World Trade Organization, entered into force on 1 January 1995. Even though the beginning of the multilateral trading system dates back to the late 1940s, the founding of the WTO constitutes a significant institutional reform which marks the beginning of a new era. Anniversaries are usually moments of celebration. However, even a superficial observer will notice that neither the current international financial and monetary regime nor the international trade regime is in a stage which invites celebration. Instead, both are facing difficult and fundamental challenges to their very existence from the outside but also from within. So while there may be no time to celebrate, anniversaries are also often used for reflection about the past and the future. Hence, EYIEL 5 (2014) considers these two anniversaries ample moments to reflect on the legacy and the current status of the main two pillars of International Economic Law in its Part one. Part two of EYIEL 5 (2014) brings together contributions on the EU’s Deep Trade Agenda, on Current Approaches to the International Investment Regime in South America, on the Multilayered System of Regional Economic Integration in West Africa and on the Tripartite Free Trade Area, as well as on India and her Trade Agreements. Part three contains treatises of developments in the World Customs Organization, the World Intellectual Property Organization and in International Investment Law. After the book reviews in Part four, EYIEL 5 (2014) is complemented with an Annex containing the Case (on exchange-rate manipulation and crisis-caused guarantees to financial institutions) and the Best Submissions of the 11th EMC2 ELSA WTO Moot Court Competition (of the Harvard team for the complainant and the Leuven team for the respondent). The case not only addresses issues of current interest but also links ...
    Description / Table of Contents: Part I TopicsSpecial Focus I: The Global Monetary and Financial System 70 Years After Bretton Woods -- Special Focus II: The Global Trading Order 20 Years After Marrakesh -- Part II Regional Integration -- Part III International Economic Institutions -- Part IV Book Reviews -- Annex - ELSA Moot Court Competition (EMC2) 2012-2013.
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  • 46
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642279072
    Language: English
    Pages: Online-Ressource (XX, 392 p. 1 illus, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Olwan, Rami M. Intellectual property and development
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    RVK:
    Keywords: Humanities ; Development Economics ; Law ; Law ; Humanities ; Development Economics ; Entwicklungsländer ; Wirtschaftsentwicklung ; Geistiges Eigentum ; Entwicklungsländer ; Wirtschaftsentwicklung ; Geistiges Eigentum
    Abstract: The book examines the correlation between Intellectual Property Law notably copyright on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).
    Description / Table of Contents: Intellectual Property and Development; Theory and Practice; Foreword; Acknowledgments; Contents; List of Abbreviations; Chapter 1: Intellectual Property and Development; 1.1 Overview; 1.2 The Meaning of Development; 1.2.1 The Meaning of Development Outside the Field of IP; 1.2.1.1 Introduction; 1.2.1.2 The General Meaning of Development; 1.2.1.3 The Social and Economic Meaning of Development; 1.2.2 The Meaning of Development Within the Field of IP; 1.2.2.1 IP and Social and Economic Development; 1.2.2.2 Copyright and Social and Economic Development
    Description / Table of Contents: 1.2.2.3 Copyright and Social and Economic Development in the Internet Age1.2.3 Relevance of the Internet to Developing Countries; 1.2.4 The Meaning of `Developing Countries´; 1.2.5 Concluding Remarks; 1.3 Scope and Structure of the Book; 1.3.1 Scope; 1.3.2 Structure; Part I: The Theory of Intellectual Property and Social and Economic Development; Chapter 2: The History of International Intellectual Property and Development; 2.1 Overview; 2.2 The Evolution of the International IP System in the Nineteenth Century; 2.2.1 The Paris Convention of 1883; 2.2.2 Revisions of the Paris Convention
    Description / Table of Contents: 2.2.3 Berne Convention of 18862.2.4 Revisions of the Berne Convention; 2.2.4.1 The Stockholm Revision Conference of 1967; 2.2.4.2 The Paris Revision Conference of 1971; 2.2.5 Concluding Remarks; 2.3 The Establishment of WIPO as a Specialised UN Agency; 2.3.1 Pre-establishment of WIPO and the Role of BIRPI; 2.3.2 The Establishment of WIPO; 2.3.3 WIPO and Developing Countries; 2.3.4 Concluding Remarks; 2.4 The Views of Developed and Developing Countries on IP and Development; 2.4.1 The Views of Developed Countries; 2.4.2 The United States; 2.4.2.1 Historical Aspects of IP Protection in the US
    Description / Table of Contents: 2.4.2.2 Special 301 Threats of the US2.4.3 Europe; 2.4.3.1 Historical Aspects of IP Protection in Europe; 2.4.3.2 E.C Regulation 2641/84; 2.4.4 Japan; 2.4.4.1 Historical Aspects of IP Protection in Japan; 2.4.4.2 Current Japanese Attitude Toward IP Protection; 2.4.5 The Views of Developing Countries; 2.4.6 India; 2.4.7 Brazil; 2.4.8 China; 2.5 The General Agreement on Tariffs and Trade; 2.6 The Trade-Related Intellectual Property Aspects Agreement (TRIPS); 2.6.1 Origin and Negotiations of the TRIPS Agreement; 2.6.2 The TRIPS Agreement and Development
    Description / Table of Contents: 2.6.3 Impact of the TRIPS Agreement on Developing Countries2.6.4 Flexible Implementation of the TRIPS Agreement at WTO; 2.6.4.1 India Mail Box Case: Patent Protection for Pharmaceutical and Agricultural Chemical Products-1997 (US v India); 2.6.4.2 China: Measures Affecting the Protection and Enforcement of IP-2007 (US v China); 2.7 Post-TRIPS; 2.7.1 New Treaties; 2.7.2 Free Trade Agreements (FTAs); 2.7.3 The WTO Doha Fourth Ministerial Conference (The Development Round); 2.7.4 The WIPO Development Agenda; 2.7.5 The Access to Knowledge Treaty (ATKT)
    Description / Table of Contents: 2.7.6 The Anti-Counterfeiting Trade Agreement (ACTA)
    Note: Includes bibliographical references
    URL: Cover
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  • 47
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642276880
    Language: English
    Pages: Online-Ressource (XVI, 595 p. 13 illus, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Grabowski, Andrzej Juristic concept of the validity of statutory law
    RVK:
    Keywords: Linguistics Philosophy ; Philosophy of law ; Constitutional law ; Law ; Law ; Linguistics Philosophy ; Philosophy of law ; Constitutional law ; Positives Recht ; Rechtspositivismus ; Kritik
    Abstract: This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second pa
    Description / Table of Contents: Preface; Abbreviations; Contents; Chapter 1: Introduction; Part I: Critique of the Nonpositivist Conception of Law; Chapter 2: The Nonpositivist Concept of Law; 2.1 Historical Background: The Role of ``Radbruch´s Formula´´; 2.2 The Nonpositivist Conception of Ralf Dreier and Robert Alexy; 2.3 Some Remarks on the Construction of the Nonpositivist Definition of Law; 2.4 The Nonpositivist Conception of Law and the Concept of Legal Validity (Preliminary Remarks); Chapter 3: Argumentation for the Nonpositivist Concept of Law; 3.1 The Methodological Framework of Nonpositivist Argumentation
    Description / Table of Contents: 3.2 Ralf Dreier´s Nonpositivist Argumentation3.3 Robert Alexy´s Nonpositivist Argumentation; 3.3.1 Alexy´s Analytical Argumentation; 3.3.2 Alexy´s Normative Argumentation; 3.3.3 Revisions and Supplements in Begriff und Geltung des Rechts; Chapter 4: Critique of Nonpositivist Argumentation; 4.1 A Critique of the Nonpositivist Conception of Law; 4.2 Controversial Points of Nonpositivist Argumentation; 4.3 Lex iniustissima non est lex?; 4.3.1 Reconstruction of the Nonpositivist Standpoint; 4.3.2 Discussion of the Positivist Objection; 4.4 The Non-cognitivist Objection
    Description / Table of Contents: 4.4.1 Is Alexy a Cognitivist?4.4.2 Preliminary Appraisal of the Non-cognitivist Objection; 4.5 Discursive Rehabilitation of Practical Reason?; 4.5.1 Logical Validity of the Transcendental-Pragmatic Argument; 4.5.2 Justification of the Premises of the Transcendental-Pragmatic Argument; 4.5.3 Conclusion of the Analysis of the Transcendental-Pragmatic Argument; 4.5.4 Additional Elements of the Justification of the Universal Validity of the Rules of Practical Discourse; 4.5.5 Is the Discursive Rehabilitation of Practical Reason Successful?
    Description / Table of Contents: 4.6 Is the Nonpositivist Conception of Law Truly Nonpositivist?4.6.1 Arguments Justifying Suspicions of Crypto-Positivism; 4.6.2 Identification of the Opponent: Trennungsthese; 4.6.3 Hard Positivism, Soft Positivism and Nonpositivism; 4.7 The Problem of Justification of the Argument from Correctness; 4.7.1 Justification by Means of Performativer Widerspruch: Preliminary Remarks; 4.7.2 From Cogito, Ergo Sum to Claim to Correctness; 4.7.3 Justification of Richtigkeitsargument by Means of Recognition of ``Performative Contradiction´´; 4.7.4 Justification by Means of the Argument from Alternative
    Description / Table of Contents: 4.8 Critique of Normative Argumentation4.8.1 Argument from Efficiency; 4.8.2 Argument from Candour; 4.8.3 The Problem of an ``Enlightened´´ Morality; 4.9 Some Remarks About Nonpositivist Empirical Argumentation; 4.10 An Attempt at Evaluating the Nonpositivist Conception of Law; Chapter 5: The Nonpositivist Conception of Law and the Juristic Concept of the Validity of Law; 5.1 General Objections Against the Nonpositivist Definitions of Law; 5.2 Specific Objections from the Point of View of Legal Theory and Legal Practice
    Description / Table of Contents: 5.3 The Need for an Axiologically Detached and Impartial Concept of the Validity of Law
    Note: Description based upon print version of record
    URL: Cover
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  • 48
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642289453
    Language: English
    Pages: Online-Ressource (XI, 195 p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Abeyratne, Ruwantissa I. R., 1951 - Aeronomics and law
    DDC: 341.4
    Keywords: Astronautics ; Industrial organization (Economic theory) ; Law ; Law ; Astronautics ; Industrial organization (Economic theory) ; Luftfahrtindustrie ; Auslandsinvestition ; Luftfahrtrecht ; Luftfahrtindustrie ; Auslandsinvestition ; Luftfahrtrecht
    Abstract: Annotation, This book embarks on a contemporary analysis of the interaction of economics and law relating to air transport, delving into the major issues that plague the industry. It shows how some of the thorny and frustrating issues could be approached sensibly. Among the issues discussed are the anomaly of exponential growth of air transport which makes airline profitability continue to be poor; the legislative impediments in most countries that preclude direct foreign investment in the industry; the confounding and muddled mess behind the economics of aircraft engine emissions; and the inexplicable reality that, although civil aviation is primarily meant to meet the needs of the people of the world, State regulators have upended the equation and given priority to national interests over the interests of the passenger. The book will be of interest to economists and lawyers alike who deal with air transport issues, and also to academics and students in the area of transportation as well as regulators and airlines
    Abstract: This book embarks on a contemporary analysis of the interaction of economics and law relating to air transport, delving into the major issues that plague the industry. It shows how some of the thorny and frustrating issues could be approached sensibly. Among the issues discussed are the anomaly of exponential growth of air transport which makes airline profitability continue to be poor; the legislative impediments in most countries that preclude direct foreign investment in the industry; the confounding and muddled mess behind the economics of aircraft engine emissions; and the inexplicable reality that, although civil aviation is primarily meant to meet the needs of the people of the world, State regulators have upended the equation and given priority to national interests over the interests of the passenger. The book will be of interest to economists and lawyers alike who deal with air transport issues, and also to academics and students in the area of transportation as well as regulators and airlines.
    Description / Table of Contents: Aeronomics and Law; Fixing Anomalies; Preface; Contents; Table of Cases; Anomalies in the Regulatory Structure; Terminology of the Chicago Convention; References; Anomalies in Airline Economics; Introduction; FDI in Air Transport; Legal Protection of the Investor; Nationality of Aircraft; Principles of Registration; The Maritime Analogy; Registration of Aircraft; Flags of Convenience; Leasing of Aircraft; References; Air Cargo; Liberalization of Air Cargo Market Access; ICAO Initiatives; Multimodal Trade; References; Mitigating the Effects of Aircraft Engine Emissions; Introduction
    Description / Table of Contents: Mitigating the Effects of Aircraft Engine EmissionsCarbon Trading and Carbon Offsetting; The European Emissions Trading Scheme; The Trading Mechanism; The Global Fuel Tax on Aviation: A Deficit of Judgment; The AGF Report; References; Rights of the Passenger; The Passenger; Rights of the Passenger; ICAO Initiatives; Other Initiatives; Commercial Issues Involving Passenger Rights; Denied Boarding; Flight Information at Airports; Regulatory Aspects; Legal Aspects; References; Rights of the Disabled Passenger; Regulatory Provisions; International Perspectives; Action Taken by the United Nations
    Description / Table of Contents: Incorporation of the Convention in Domestic LegislationEC Regulation No. 1107/2006; United States Legislation; References; ICAO as the Global Forum for Air Transport; The Council of ICAO; The Council and Security Audits; The Council and Safety Audits; Functions of the Council in Ensuring Safety; ICAO´s Current Role; References; Conclusion; Reference; Appendix; Amendments to the Chicago Convention and of Related Protocols and Agreements; Index;
    Note: Description based upon print version of record
    URL: Cover
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  • 49
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642259722
    Language: English
    Pages: Online-Ressource (XIV, 219p. 2 illus, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Beyond elder law
    Keywords: Aging Research ; Demography ; Law ; Law ; Aging Research ; Demography ; Aufsatzsammlung ; Alter ; Recht
    Abstract: Ann M. Soden
    Abstract: All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons. Dr. Israel (Issi) Doron and Ann Soden Ad. E. are both leading international scholars in the field of elder law. Dr. Doron, is a Professor of Law and a Senior Lecturer at the Department of Gerontology, University of Haifa, Israel, and has edited the book Theories on Law and Ageing: The Jurisprudence of Elder Law (Springer, 2009). Ann Soden is the head of the National Institute of Law, Aging and Policy, based in Montreal, Canada, and has edited the book Advising the Older Client (LexisNexis, 2005).
    Description / Table of Contents: Beyond Elder Law; New Directions in Law and Aging; Foreword; References; Contents; Chapter 1: Guardianship, ``Social´´ Citizenship and Theorising Substitute Decision-Making Law; 1.1 Introduction; 1.2 Changing Conceptions of Competence and Its Management; 1.3 Principles and Models; 1.4 What Are Our Policy Goals?; 1.5 ``Stepped Care´´ Legal Toolkits to Promote Supported Decision-Making and Equality?; 1.6 New Legal Tools Cannot Rectify Deficits of Service Provision or Civil Society?; 1.7 Re-imaging Guardianship Law?; 1.8 Conclusion; References; Chapter 2: A Civil Rights Approach to Elder Law
    Description / Table of Contents: 2.1 Introduction2.2 The Value of the Civil Rights Perspective; 2.3 Applying the Civil Rights Perspective; 2.4 The Role of the Legal Field; 2.5 Conclusion; References; Chapter 3: The Conceptualization of Legal Capacity of Older Persons in Western Law; 3.1 Incapacity As a Legal Fiction; 3.2 The Evolution of the Concept (Legal Fiction) of Incapacity; 3.3 Turning Concepts into Practice: A Framework for Courts; 3.4 Procedural Due Process and Limited Orders: Essential Safeguards; 3.5 Evolution of Capacity in the Context of Legal Transactions; 3.5.1 Professional/Ethical Obligations of Lawyers
    Description / Table of Contents: 3.5.1.1 MRPC 1.14: Client with Diminished Capacity3.5.2 Legal Attempts to Define Transactional Capacities; 3.5.3 Differences Between Legal and Clinical Approaches; 3.5.4 Working with Clinical Experts; 3.6 Growing International Perspective on Reframing Incapacity: From Supplanting Decisions to Supporting Decisions; 3.7 Conceptualizing Legal Capacity: Looking Ahead; References; Chapter 4: Age Discrimination and the Future Development of Elder Rights in the European Union: Walking Side by Side or Hand in Hand?; 4.1 Prologue; 4.2 Introduction
    Description / Table of Contents: 4.3 Discrimination and Human Rights Together and Separate in Europe4.4 The ECHR and Council of Europe: A Natural Starting Point; 4.5 The ECHR System; 4.6 Relevant Points for Older People; 4.7 A Human Rights Approach; 4.8 Protocol 12 and Solutions to Article 14 ECHR; 4.9 The Sting in the Tail; 4.10 The European Social Charter; 4.11 RESC Acceptance, Ratification and Redress; 4.12 The Charter of Fundamental Rights of the European Union; 4.13 Age Discrimination and Rights of the Elderly in the EU Charter on Fundamental Rights; 4.14 Age Discrimination in EU Law
    Description / Table of Contents: 4.15 Age Within the Employment Directive4.16 The Most Intriguing Age Provisions; 4.17 Monitoring and Compliance; 4.18 Looking to the Future in the EU; 4.19 EU Law and Justifying Age Discrimination Outside Employment; 4.20 Conclusion; References; Chapter 5: Family Matters: Some Emerging Legal Issues in Intergenerational and Generational Relations; 5.1 Ethical Issues Involved in Representation by a Lawyer When Family and Others Seek to be Involved; 5.1.1 Representing the Client with Diminished Capacity; 5.1.2 Determining Who the Client Is: Dangers of Joint or Multiple Representations
    Description / Table of Contents: 5.2 Planning, Prevention and Settlement of Disputes: The Protections Offered by Informal and Formal Family Meetings and Mediation
    Note: Description based upon print version of record
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  • 50
    ISBN: 9789400740624 , 1280799064 , 9781280799068
    Language: English
    Pages: Online-Ressource (X, 348p. 1 illus, digital)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 14
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Post 9/11 and the state of permanent legal emergency
    Keywords: Philosophy of law ; Criminology ; Law ; Law ; Philosophy of law ; Criminology ; Aufsatzsammlung ; Terrorismus ; Bekämpfung ; Strafrecht ; Strafgerichtsbarkeit ; Innere Sicherheit ; Grundrecht ; Beschränkung ; Elfter September ; Menschenrecht ; Terrorismus ; Ausnahmezustand ; Gesetzgebung
    Abstract: The terrorist attacks occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Atrocities like the 9/11 attacks, the Madrid train bombings of March 2003, and the terrorist act to the United Kingdom of July 2005 threatened the life of democratic nations. The volume explores the response of democratic nation-states to the problems of terrorism and counter-terrorism within the framework of the Rule of Law. One of the primary subjects of study is the ways in which the interests of the state (security from external threats, the maintenance of civil peace, and the promotion of the commonwealth) are balanced or not with the liberty and freedom of the citizens of the state. The distinctive aspect of this focus is that it brings a historical, political, philosophical and comparative approach to the contemporary shape and purposes of the criminal justice systems around the world.
    Description / Table of Contents: Post 9/11 and the State of Permanent Legal Emergency; Preface and Acknowledgements; Contents; Contributors; Chapter 1: Introduction: Security, Criminal Justice and Human Rights in Countering Terrorism in the Post 9/11 Era; Part I: State Power and Legal Responses from an Historical Perspective; Chapter 2: The State Power and the Limits of the Principle of Sovereignty: An Historical Approach; 2.1 The Limits of Sovereignty in Roman Antiquity: The Ideal State of Cicero; 2.1.1 The Mixed Constitution 33; 2.1.2 The Natural Law 73; 2.2 Power and Limits of the Medieval Monarchy
    Description / Table of Contents: 2.2.1 The Princeps-Iudex2.2.2 The Prince Is Not Bound by the Law: The Clauses Non Obstante , Ex Certa Scientia , Ex Plenitudine Potestatis; 2.2.2.1 The Judgements of the Princes; 2.2.2.2 The Letters of the Princes; 2.2.3 The Limits to the Power of the Monarch; 2.2.3.1 The Medieval Dualism: The Fight of the Investitures; 2.2.3.2 The Pactist Character of the Law; 2.2.3.3 The Limits of the Law: Honest, Just, Destined to the Common Good and to the Natural Order; Lex Honesta; Lex Iuxta; Pro communi Civium Utilitate Conscripta; Secundum Naturam; 2.3 The Limits to Sovereignty by Bodin
    Description / Table of Contents: 2.3.1 Divine Law and Natural Law2.3.2 The Foundational Laws and the Ones of the State; 2.3.3 Private Property; 2.4 Some Concluding Considerations; Bibliography; References (Literature, 13th-19th Centuries); Chapter 3: Legal Concepts of Terrorism as Political Crime and International Criminal Law in Eighteenth and Nineteenth Century Europe; References (Bibliography); Part II: Defining Terrorism; Chapter 4: Civilising the Exception: Universally Defining Terrorism; 4.1 Introduction; 4.2 Is There a De fi nition of Terrorism in International Law?
    Description / Table of Contents: 4.3 De fi ning Terrorism to Civilize Legal Exceptionalism4.4 The Elements of De fi nition; 4.5 Exceptions to De fi nition: Democratic Protests, Armed Con fl icts; 4.6 Conclusion; Bibliography; Cases; International Conventions; Regional Conventions; Resolutions, Reports and Other Sources; Chapter 5: Terrorism: Limits Between Crime and War. The Fallacy of the Slogan 'War on Terror'; 5.1 Delimitation of Terrorist Criminality in Peacetime and in Wartime; 5.2 Terrorism as a Symbolic Attack on Democracy: Terrorism as a Criminal Phenomenon
    Description / Table of Contents: 5.3 Cases in Which a Terrorist Attack Is Both a Crime and a Foreign Armed AttackBibliography; Part III: Keeping Counter-Terrorism Within the Criminal Law Justice?; Chapter 6: The Impact of Contemporary Security Agendas Against Terrorism on the Substantive Criminal Law; 6.1 Introduction; 6.2 The Appropriate Role of the Criminal Law in Counter-Terrorism; 6.3 Functions of the Criminal Law in Counter-Terrorism; 6.3.1 Precursor Crimes; 6.3.2 Net-Widening; 6.3.3 Lowest Common Denominator of Rights; 6.3.4 Mobilisation Function; 6.3.5 Denunciatory Function; 6.3.6 Symbolic Solidarity; 6.4 Conclusions
    Description / Table of Contents: Bibliography
    Note: Description based upon print version of record
    URL: Cover
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  • 51
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642258350
    Language: English
    Pages: Online-Ressource (XVIII, 259p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Abeyratne, Ruwantissa I. R., 1951 - Air navigation law
    Keywords: Astronautics ; Law ; Law ; Astronautics ; Luftfahrtrecht ; Luftfahrtrecht
    Abstract: Ruwantissa Abeyratne
    Abstract: The aviation community, in which the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) and the Civil Air Navigation Services Organization (CANSO) play leading roles, is hard at work in bringing aviation into the 21st Century. In doing so, the United States and Europe have taken proactive steps forward in introducing modernization, particularly in moving towards more efficient air traffic management systems within NextGen and SESAR. Elsewhere, in the fields of personnel licensing, rules of the air, accident investigation and aeronautical charts and information, significant strides are being made in moving from mere regulation to implementation and assistance calculated to make all ICAO member States self sufficient in international civil aviation. However, these objectives can be achieved only if the aviation industry has a sustained understanding of the legal and regulatory principles applying to the various areas of air navigation. This book provides that discussion. Some of the subjects discussed in this book are: sovereignty in airspace; flight information and air defence identification zones; rules of the air; personnel licensing; meteorological services; operations of aircraft; air traffic services; accident and incident investigation; aerodromes; efficiency aspects of aviation and environmental protection; aeronautical charts and information; the carriage of dangerous goods; and NextGen and SESAR . Except for NextGen and SESAR, these subjects form the titles of the Annexes to the Chicago Convention that particularly involve the rights and liabilities of the key players involved in air navigation.
    Description / Table of Contents: Air Navigation Law; Preface; Contents; Table of Cases; Chapter 1: Territorial Sovereignty and Flight Information; 1.1 State Sovereignty Defined; 1.2 Civil and Military Aviation; 1.3 Flight Information Regions; 1.4 The Air Defence Identification Zone; 1.4.1 Justification for ADIZ; 1.4.2 Comment on ADIZ; References; Chapter 2: The Provision of Air Traffic Services; 2.1 The CNS/ATM System; 2.2 Principles of State Liability for Acts of Autonomous Air Traffic Services Providers; 2.3 The Provision of Air Navigation Services; 2.4 Meteorological Information; 2.5 Air Traffic Services
    Description / Table of Contents: 2.6 Liability of States2.6.1 Liability Under Administrative Law; 2.6.2 Liability Under Public International Law; 2.7 The Air Traffic Service Provider´s Liability; 2.8 Satellite Imagery; 2.9 Space Law Applications; 2.10 Outer Space Treaty Law; References; Chapter 3: Rules of the Air; 3.1 Negligence of the Airline Pilot; 3.2 Applicable Laws and Consequences; 3.3 Negligence; 3.4 Cases on Negligence; 3.5 Substance Abuse and Crew Communication; References; Chapter 4: Search and Rescue Operations; 4.1 Humanitarian Issues; 4.2 Operation of Aircraft; References
    Description / Table of Contents: Chapter 5: Aircraft Accident and Incident Investigation5.1 Criminalization of the Accident Process; References; Chapter 6: Air Crew Licencing; 6.1 Language Proficiency; 6.2 Regulatory Developments; 6.3 Legal Issues; 6.4 Privileges and Misuse; 6.5 Fatigue Risk Management Systems; 6.6 Proposed Amendments to Fatigue Management Standards; 6.7 Intent of Proposed Amendments; 6.8 Appendix 8 to Annex 6; 6.9 The Medical Perspective; 6.10 Aircrew Integrity; 6.11 Liability Issues; 6.12 Article 33; References; Chapter 7: Aerodromes; 7.1 Airport Planning; 7.2 Airport Responsibility
    Description / Table of Contents: 7.3 Elements of Corporate Foresight Planning7.4 Link with Air Transport; 7.5 Corporate Foresight; 7.6 Global Runway Safety; 7.7 Runway Incursions; 7.8 Runway Excursions; 7.9 Foreign Object Debris; 7.10 Bird Strikes; 7.11 A Look at the Future; References; Chapter 8: Carriage of Dangerous Goods by Air; 8.1 Radioactive Materials; 8.2 Dangerous Pathogens; 8.3 Bioterrorism; 8.4 Legal and Regulatory Issues; 8.5 ICAO Regulations; 8.6 IATA Regulations; 8.7 Some Other Regulations; References; Chapter 9: Aviation and Environmental Protection; 9.1 Aircraft Noise; 9.2 Aircraft Engine Emissions
    Description / Table of Contents: 9.3 Other Regulatory MeasuresReferences; Chapter 10: Aeronautical Charts; 10.1 Liability Issues; 10.2 NOTAMs and Other Aeronautical Information; Chapter 11: NextGen and SESAR; 11.1 NextGen; 11.2 SESAR; Chapter 12: ICAO and the Exploration and Use of Outer Space; 12.1 The Aerospace Plane and Sub Orbital Flights; Chapter 13: Vulnerabilities of the Air Transportation System to Loss or Degradation of the GPS Signal; 13.1 Liability of the Signal Provider; 13.2 Liability of the State Providing Air Navigation Services Through GPS Signals Obtained from Outer Space; References; Chapter 14: Conclusion
    Description / Table of Contents: References
    Note: Description based upon print version of record
    URL: Cover
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  • 52
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642228698
    Language: English
    Pages: Online-Ressource (XIX, 390p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Ouali, Abdelhamid el Territorial integrity in a globalizing world
    RVK:
    Keywords: Law ; Law ; Selbstbestimmungsrecht ; Globalisierung ; Territoriale Integrität ; Selbstbestimmungsrecht ; Globalisierung ; Territoriale Integrität
    Abstract: Abdelhamid El Ouali
    Abstract: This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.
    Description / Table of Contents: Territorial Integrity in a Globalizing World; Contents; Introduction; References; Part I: Rethinking Territorial Integrity; References; Chapter 1: The State´s Sovereign Right to Existence; 1.1 The Need for a New Approach to Territorial Integrity; 1.1.1 The De-Reification of the Legal Approach of Territorial Integrity; 1.1.2 The Production of Territorial Integrity; 1.2 The Institutionalization of Territoriality; 1.2.1 The State´s Right to Sovereignty; 1.2.1.1 The ``Raison d´être´´ of Sovereignty; 1.2.1.2 The Dual Sovereignty System; 1.2.2 The State´s Right to Survival; 1.2.2.1 Self-Defense
    Description / Table of Contents: 1.2.2.2 State of Necessity1.2.3 The Right of People to Sovereignty: The Emergence of Self-Determination; 1.3 Conclusion: Defining Territorial Integrity; References; Chapter 2: The State´s Ability to Ensure Its Own Survival; 2.1 The States´ Drive Towards Disintegration; 2.1.1 The Concomitant and Correlative Birth of States and Ethnic Heterogeneity; 2.1.2 The Deepening of Ethnic Heterogeneity; 2.2 The Flexibility of Territoriality Across History: How to Make States Survive; 2.2.1 The Premodern State: Inventing Territorial Autonomy; 2.2.2 The Modern State: Making Effective Its Territoriality
    Description / Table of Contents: 2.2.2.1 The Effective Power of the Modern State Over Its Territory2.2.2.2 The Anachronistic Requirement That a Remnant Traditional State Should Meet the Effectiveness of Territoriality: The ICJ's Debatable Opinion in Western Sahara Case; 2.2.3 The Postmodern State: Going Back to Territorial Autonomy in Order to Address the Crisis of Territoriality Produced by Globalization; References; Part II: The Protection of Territorial Integrity Against External Threat; Chapter 3: The Ambiguous Protection of State Territory; 3.1 The Prohibition of Unilateral Territorial Changes
    Description / Table of Contents: 3.1.1 The Principle of the Necessary Consent of the State to Territorial Changes3.1.1.1 The Consent of the State to the Delimitation of Its Territory; 3.1.1.2 The State´s Consent to Territorial Changes in Compliance with the Requirement of Constitutional Law; 3.1.1.3 The Consequence of the Consent of the State to Territorial Changes: The Final and Stable Character of Borders; 3.1.2 The Non-consecration of the uti possidetis as an Exception to the Principle of the Necessary Consent of the State to Territorial Changes; 3.2 The Limited Protection of State´s Territory
    Description / Table of Contents: 3.2.1 The Lack of an International Guarantee to Territorial Integrity3.2.2 The Prohibition and Non-recognition of Territorial Changes Through the Use of Force; References; Chapter 4: The Weakening of States´ Territorial Sovereignty; 4.1 The Contraction of Domestic Jurisdiction; 4.1.1 Extraterritoriality; 4.1.1.1 The Presumption in Favour of States´ Jurisdiction Within Their Territory; 4.1.1.2 Extraterritoriality as a Means to Extend Abroad Powerful States´ Sovereignty; 4.1.1.3 Extraterritoriality as a Means to Protect Human Rights: Universal Jurisdiction
    Description / Table of Contents: 4.1.2 The Extension of United Nations´ Competencies to the Detriment of Domestic Jurisdiction
    Note: Description based upon print version of record
    URL: Cover
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  • 53
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642282997
    Language: English
    Pages: Online-Ressource (XIII, 1378p. 6 illus, digital)
    Series Statement: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, Veröffentlichungen des Max-Planck-Instituts für ausländisches öffentliches Recht und Völkerrecht 233
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Judicial independence in transition
    RVK:
    RVK:
    Keywords: Law ; Law ; Aufsatzsammlung ; Organisation für Sicherheit und Zusammenarbeit in Europa ; Richter ; Unabhängigkeit ; Systemtransformation
    Abstract: Anja Seibert-Fohr
    Abstract: Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
    Description / Table of Contents: Judicial Independence in Transition; Preface; Judicial Independence in Transition; Table of Contents; Introduction The Challenge of Transition; A. The Point of Departure: OSCE Commitments to Judicial Independence; B. Judicial Studies and Multidisciplinarity; C. Diversity and Contextualism; D. Independence and Accountability; E. Legitimizing Judicial Power; F. Democracy versus Judicial Autonomy; G. Judicial Independence versus Authoritarianism; H. Rhetoric or Normativity?; I. Judicial Independence in ComparativeAnalysis; Judicial Independence: Structure, Context, Attitude
    Description / Table of Contents: I. Packages of Judicial Independence: Complex and Interdependent Legal Structures1. The Power to Select: Methods; Criteria; Numbers; 2. Tenure; 3. Financial Dependence/Independence: Salaries and Pensions; 4. Legal Requirements for Independence or Impartiality; Recusal, Disqualifications and Bans on Extrajudicial Activities; 5. Decisional Authority and Jurisdiction; 6. Legislative Control of Procedural Rules and Jurisdiction; Ease of Constitutional Amendment or Lawful Departure from Constitut; 7. Particular Procedures: Case and Opinion Assignment; 8. Unanimity or Separate Opinions
    Description / Table of Contents: Institutional and Individual Independence9. Authority to Remove; Discipline Short of Removal; Periodic Evaluation for Retention or Promotion; 10. Immunity in Civil Damages?; 11. Other Working Conditions; Physical Security; 12. Administrative and Budgetary Autonomy; 13. Mandatory Judicial Education?; 14. Conclusion; II. Context and Structures of Independence: Is Judicial Independence Dependent on Judicial Accountability?; 1. Selecting Judges: Elections, Appointments, Expertise and Legitimacy
    Description / Table of Contents: 2. Dissent - Competing Traditions of Justification, Divergent Conceptions of Law, Changing Historical ContextsIII. Concluding Remarks; Judicial Accountability and Conduct: An Overview; A. Introduction; B. Judicial Ethics and Enforceable Codes of Judicial Conduct; C. Monitoring of the Codes of Judicial Ethics and of Disciplinary Proceedings; D. The Proactive Function of the Codes of Ethics; E. Disciplinary Proceeding; I. Judicial Discipline, the Role of the Citizens, and the Monitoring of its Actual Functioning; II. Guarantees for the Judges in Disciplinary Proceedings; F. Concluding Remarks
    Description / Table of Contents: II. New Challenges in Established DemocraciesThe Persistent Politics of Judicial Selection: A Comparative Analysis; A. Introduction; B. The Model of a Bureaucratic Judiciary; C. The Model of a Professional Judiciary; D. The Politics of Judicial Selection - Some Preliminaries; E. The Politics of Selection in Bureaucratic Judiciaries; F. The Politics of Selection in Professional Judiciaries; G. Comparison of the Politics of Judicial Selection; H. The Phenomenon of Depoliticization; I. The Depoliticization of Judicial Selection in England; J. Conclusion
    Description / Table of Contents: Judicial Independence in England and Wales
    Note: Description based upon print version of record
    URL: Cover
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  • 54
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642238192
    Language: English
    Pages: Online-Ressource (XVIII, 426p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Belenky, Alexander S. Understanding the Foundations of the U.S. Presidential Election System
    RVK:
    RVK:
    Keywords: Distribution (Probability theory) ; Public law ; Constitutional law ; Statistics ; Law ; Law ; Distribution (Probability theory) ; Public law ; Constitutional law ; Statistics ; USA Präsident ; Präsidentenwahl ; Wahlrecht ; Präsidentenwahl ; Wahlrecht
    Abstract: Alexander S. Belenky
    Abstract: This is the first book on the U.S. presidential election system to analyze the basic principles underlying the design of the existing system and those at the heart of competing proposals for improving the system. The book discusses how the use of some election rules embedded in the U.S. Constitution and in the Presidential Succession Act may cause skewed or weird election outcomes and election stalemates. The book argues that the act may not cover some rare though possible situations which the Twentieth Amendment authorizes Congress to address. Also, the book questions the constitutionality of the National Popular Vote Plan to introduce a direct popular presidential election de facto, without amending the Constitution, and addresses the plan's 'Achilles' Heel.' In particular, the book shows that the plan may violate the Equal Protection Clause from the Fourteenth Amendment of the Constitution. Numerical examples are provided to show that the counterintuitive claims of the NPV originators and proponents that the plan will encourage presidential candidates to 'chase' every vote in every state do not have any grounds. Finally, the book proposes a plan for improving the election system by combining at the national level the 'one state, one vote' principle - embedded in the Constitution - and the 'one person, one vote' principle. Under this plan no state loses its current Electoral College benefits while all the states gain more attention of presidential candidates. Alexander S. Belenky is the author of books and scientific articles in the fields of optimization and game theory and their applications in transportation, industry, agriculture, environmental protection, advertising, brokerage, auctioning, and U.S. presidential elections. He is the author of Operations Research in Transportation Systems: Ideas and Schemes of Optimization Methods for Strategic Planning and Operations Management published by Kluwer Academic Publishers in 1998 and republished by Springer in 2010 which has been adopted by many leading American Universities. Also, he is the author of the books Extreme Outcomes of US Presidential Elections (2003), Winning the US Presidency: Rules of the Game and Playing by the Rules (2004), and How America Chooses Its Presidents (2007, 2009). He was an invited guest on radio and TV talk shows throughout the country in the course of the 2004 election campaign, and he was the invited Guest Editor of Mathematical Modeling of Voting Systems and Elections: Theory and Applications, a special edition of Mathematical and Computer Modelling (2008), Currently, Alexander S. Belenky is a tenured professor at the Department of Mathematics for Economics and a leading scientist at the Decision Choice and Analysis Laboratory at the National Research University Higher School of Economics in Moscow, Russia, and a visiting scholar at the MIT Center for Engineering Systems Fundamentals. He holds a Ph.D. degree in systems analysis and mathematics and a D.Sc. degree in applications of mathematical methods. His opinion pieces about voting systems have appeared in The Baltimore Sun, The Boston Globe, The Boston Herald, The Christian Science Monitor, The New York Times, The Plain Dealer, Providence Journal and in other newspapers.
    Description / Table of Contents: Understanding the Fundamentals of the U.S. Presidential; Contents; Preface; Introduction; Chapter 1 The constitutional originsof the election system; Chapter 2 Should the underlying concepts of the 1787 Great Compromise be honored?; Chapter 3 Stubborn numbers: how much of a say does the nation have in presidential elections?; 1. Unclear (fuzzy) election rules.; Chapter 4 What if? Constitutional puzzles, weird outcomes, and possible stalematesin presidential elections; 2. Weird (extreme) election outcomes
    Description / Table of Contents: The principle of unequally dividing the election power among thestates by allocating quotas of electors.Delegating the first attempt to elect a President and a Vice Presidentto a group of people appointed by the states of their residence (andby D.C. since the ratification of Amendment 23 of the Constitution).; Delegating to Congress both the authority to make the final decisionon electing a President in the Electoral College and the secondattempt to elect a President and a Vice President if the ElectoralCollege fails to elect either executive or both.
    Description / Table of Contents: The "winner-take-all" method of appointing electors in 48 states andin D.C.The principle of separately voting for President and for Vice Presidentin Congress.; 3. Election stalemates.; Chapter 5 "Winner-take-all:" is it as badas they paint it to be?; Chapter 6 Can the National Popular Vote plan succeed?; "Myths" about the U.S. Constitution.; Organizational challenges.; Chapter 7 When every voter gains and no state loses: can the "one person, one vote" and the "one state, one vote"principles coexist?; Chapter 8 How existing election rules may affect the structure of election campaigns
    Description / Table of Contents: ConclusionReferences; About Appendices; Appendix 1; I. Introduction; II. Some auxiliary remarks; III. The problem of finding the minimum fraction of the popular vote that can elect a President in the Electoral College when only two candidates are on the ballot in all the states and in D.C.; IV. The problem of finding the minimum fraction of the popular vote that can elect a President in the Electoral College when three candidates are on the ballots in at least one state and in D.C.; V. Concluding remarks; REFERENCES; Appendix 2; I. Introduction
    Description / Table of Contents: II. Four approaches to modelling the problem of allocating voting machinesIII. A mathematical model for calculating the size of the calling population in a precinct at a particular segment of time on Election Day [19].; IV. Basic result; V. A methodology of estimating the parameters of the queueing systemthat provides service to voters at a precinct in a county of astate.; 1. The neighborhood analysis.; 2. Estimating parameters of the queueing system.; VI. Concluding remarks.; REFERENCES; Appendix 3; I. Introduction; II. Basic Assertion [3].; III. Concluding remarks; REFERENCES; Appendix 4
    Description / Table of Contents: I. Introduction
    Note: Description based upon print version of record
    URL: Cover
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  • 55
    ISBN: 9783642295874
    Language: English
    Pages: Online-Ressource (XVII, 509p, digital)
    Series Statement: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, Veröffentlichungen des Max-Planck-Instituts für ausländisches öffentliches Recht und Völkerrecht 236
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. International judicial lawmaking
    RVK:
    Keywords: Law ; Law ; Aufsatzsammlung ; Internationale Gerichtsbarkeit ; Legitimation ; Global Governance
    Abstract: Ingo Venzke
    Abstract: Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.
    Description / Table of Contents: International Judicial Lawmaking; Foreword; Preface by the Editors; Table of Contents; I. Framing the Issue; Beyond Dispute: International Judicial Institutions as Lawmakers; A. The Research Interest; B. The Phenomenon of Lawmaking by Adjudication; I. (Far) Beyond the Cognitive Paradigm of Adjudication; II. Judicial Lawmaking; III. International Judicial Lawmaking as an Exercise of Public Authority; C. On the Justification of International Judicial Lawmaking; I. The Decoupling of Law from Parliamentary Politics; II. Fragmentation as a Problem for Democracy; D. Structure of this Special Issue
    Description / Table of Contents: Precedents: Lawmaking Through International AdjudicationA. Introduction; B. What Are Precedents?; I. Perspectives on Precedents; II. Nature of Precedents: Sources & Arguments; III. A Tale of Two Theories; IV. Theory Myopia: Failing to Account for the Richness of International Legal Argument; V. Theory Hyperopia: Failing to Account for the Pervasiveness of Precedential Effect; C. System-Building Through Adjudication; I. Can Precedents Constrain?; II. The Return of the Formalist; III. Instances of System-Building; IV. Related Systemic Tools: Analogy, Experience & Res Judicata
    Description / Table of Contents: V. Interim ConclusionD. The Operation of Precedent; I. Establishing Precedential Effect; II. Relevant Similarity; III. Rules of Precedent as Rules of Language; IV. Resisting Precedential Effect; 1. Distinguishing; 2. Departing; E. Epilogue: Of Mystics and Ostriches; Lawmaking Through Advisory Opinions?; A. Preliminary Remarks; B. Judicial Bodies Entitled to Deliver Advisory Opinions; I. Permanent Court of International Justice/International Court of Justice; II. European Court on Human Rights; III. Inter-American Court of Human Rights; IV. The African Court on Human and Peoples' Rights
    Description / Table of Contents: V. The Law of the Sea TribunalVI. The European Court of Justice; VII. The Court of Justice of the Economic Community of West African States; VIII. Common Market for Eastern and Southern Africa (COMESA); IX. The Judicial Board of the Arab Organization for the Petroleum Exporting Countries; X. The Arbitration Commission on the Former Yugoslavia; XI. Summary Conclusion; C. Contribution of Advisory Opinions to the Development of International Law; I. The International Court of Justice; II. The Inter-American Court on Human Rights; III. The Badinter Commission
    Description / Table of Contents: D. The Legal Impact of Advisory OpinionsI. Lack of Binding Force; II. Authoritative Character; III. The Law-Making Element; E. Concluding Remarks; Prospects for the Increased Independence of International Tribunals; A. Introduction; B. Surrogate Law making; I. Internal Monitoring of the Bureaucracies of International Organizations; II. Imposing Treaty-Based Obligations on Weaker Member States; III. Shaping the Default Rules of International Law; IV. Overcoming Domestic Political and Judicial Resistance; V. General Observations Concerning Surrogate Lawmaking by International Tribunals
    Description / Table of Contents: C. Independent Lawmaking
    Note: Description based upon print version of record
    URL: Cover
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  • 56
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642234743
    Language: English
    Pages: Online-Ressource (XV, 195 p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Clark, Bryan Lawyers and Mediation
    DDC: 347.09
    RVK:
    RVK:
    Keywords: Civil Law ; Law ; Law ; Civil Law ; Rechtsanwalt ; Einstellung ; Mediation ; Rechtsanwalt ; Einstellung ; Mediation
    Abstract: This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers' part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers' inte
    Description / Table of Contents: Lawyers and Mediation; Preface; References; Acknowledgment; Contents; Chapter 1: The History of Lawyers and Mediation; 1.1 Historical Development; 1.1.1 The Lawyer Pioneers of ADR; 1.1.2 ADR In and Out of the Traditional; 1.2 Mediation and Lawyers in the Post-Pound Era; 1.2.1 USA; 1.2.2 The Common Law World; 1.2.2.1 United Kingdom: England and Wales; 1.2.2.2 United Kingdom: Scotland; 1.2.2.3 Australia; 1.2.2.4 New Zealand; 1.2.2.5 Canada; 1.2.2.6 Hong Kong; 1.2.3 Continental Europe; 1.2.3.1 The Netherlands; 1.2.3.2 France; 1.2.3.3 Germany; 1.2.3.4 Italy
    Description / Table of Contents: 1.2.4 Supra National, European Developments1.3 Conclusion; References; Chapter 2: Lawyer Resistance to Mediation; 2.1 Introduction; 2.2 The Public Perception of Lawyers; 2.3 The Lawyer as Gatekeeper; 2.3.1 Clients and Mediation; 2.3.2 General Ideas; 2.3.3 Lawyer-Client Relationship in the Dispute Resolution Context; 2.3.4 Lawyer Control and Client Type; 2.4 Money, Money, Money; 2.4.1 The Case Against Lawyers; 2.4.2 Evidence of Financially Motivated Behaviour; 2.4.3 Lawyers´ Economic Interests and Disputing Practices; 2.5 Ignorance and Cultural Barriers; 2.5.1 Lawyers and Culture
    Description / Table of Contents: 2.5.1.1 Macro Legal Culture2.5.1.2 Local Legal Culture; 2.5.1.3 Legal Education; 2.5.2 Lawyer Cultural Biases and Mediation; 2.5.3 Shifting Trends?; 2.6 Fears Over the Efficiency of Mediation; 2.6.1 Parties´ Costs in Mediation; 2.6.2 Tactical Use; 2.7 Quality Objections; 2.8 Conclusion; References; Chapter 3: Lawyer Involvement in Mediation and the Co-Option Thesis; 3.1 Introduction; 3.2 The Co-Option Thesis; 3.2.1 The Seeking of New Markets; 3.2.2 The History of Lawyers and Professional Skirmishes; 3.2.3 Demand Creation and New Markets; 3.2.4 Evidence of Lawyer Accommodation in Other Fields
    Description / Table of Contents: 3.3 The Roots of Lawyer Engagement with Mediation3.3.1 Introduction; 3.3.2 Commercial Imperatives; 3.3.3 Belief in the Process; 3.3.4 Better Professional Experiences; 3.3.5 Assisting Negotiations; 3.3.6 Responding to Client Demand; 3.4 Strategies Used to Gain a Foothold in the Field; 3.4.1 Asserting Ownership and Defensive Marketing; 3.4.2 Lobbying and Regulatory Capture; 3.4.3 Mediation and the Unauthorized Practice of Law; 3.4.3.1 Is Mediation the Practice of Law?; 3.4.3.2 Blanket Exceptions for Mediators; 3.4.3.3 The Schism Between Legal Information and Legal Advice
    Description / Table of Contents: 3.4.3.4 Drafting Legal Agreements3.4.3.5 Summary of Unauthorized Practice of Law and Mediation; 3.4.4 Lawyer `Shopping´ for Lawyer-Mediators; 3.5 Conclusion; References; Chapter 4: Mediation and Lawyers: Does the Cap Fit?; 4.1 Introduction; 4.1.1 The Risk of Lawyer Involvement; 4.1.2 Legal Education; 4.1.3 Lawyer Personalities; 4.2 Representing Clients in Mediation; 4.2.1 Lawyer Negotiations; 4.2.2 Evidence of Shifts in Negotiation Approaches; 4.2.3 Lawyers in Mediation; 4.2.3.1 Standard Adversarial Lawyering in Mediation; 4.2.3.2 The Worth of Lawyer Advocacy; 4.3 Lawyer-Mediators
    Description / Table of Contents: 4.3.1 General Points
    Note: Description based upon print version of record
    URL: Cover
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  • 57
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642274190
    Language: English
    Pages: Online-Ressource
    Edition: 2012
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law
    Series Statement: Hamburg Studies on Maritime Affairs, International Max Planck Research School for Maritime Affairs at the University of Hamburg 23
    Keywords: Law
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  • 58
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400742987
    Language: English
    Pages: Online-Ressource (XXIX, 216 p, digital)
    Series Statement: Law and Philosophy Library 99
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Croce, Mariano, 1979 - Self-sufficiency of law
    Keywords: Philosophy of law ; Anthropology ; Law ; Law ; Philosophy of law ; Anthropology ; Law Philosophy ; Law Social aspects ; Sociological jurisprudence ; Rechtsphilosophie ; Rechtssoziologie
    Abstract: The book investigates the role of law and legal experts in the organisational dynamics of a population, demonstrating that law is a stable practice among those who (in virtue of the special knowledge they master) are called upon to select the normative facts of a population, i.e. the interactional standards that are proclaimed as binding for the entire population by the publicly recognised legal experts (whose peremptory judgments can be only revised by peers). It proposes an integration of the recent research outcomes achieved in three different areas of study: legal positivism, legal institutionalism and legal pluralism and examines the notions of rule, coercion, institution, practice elaborated by significant theorists in the mentioned areas and illumine both their merits and flaws. Furthermore it advances a notion of law and a description of the legal field which are able to account for the nature of the legal filed as the cradle of the social order. new back cover copy: In an era characterized by a streaking global pluralism, the collapse of many state agencies, the emergence of multiple sources of law, and the rise of informal justice, the idea of a unitary and homogenous legal system seems old-fashioned. But philosophers, sociologists and anthropologists still hold many debates on the nature of law and its function, which is that law represents an institution that characterizes any orderly social context of human beings, and this book plunges into the center of those debates. Self-sufficiency of Law: A Critical-institutional Theory of Social Order investigates the role of law and legal experts in the organizational dynamics of a population. It demonstrates that law is a stable practice among those who are called upon to select the "normative facts of a population, that is, the interactional standards that are proclaimed as binding for the entire population by the publicly recognized legal experts. To do this, the author proposes an integration of the recent research outcomes achieved in three different areas of studylegal positivism, legal institutionalism and legal pluralism. He examines the notions of rule, coercion, institution and practice elaborated on by significant theorists in these fields, highlighting both the merits and flaws and ultimately advancing a notion of law and a description of the legal field which are able to account for the nature of the legal field as the cradle of social order. This text covers key guidelines for empirical research and political activities in Western and non-Western countries.
    Description / Table of Contents: Self-sufficiency of Law; Acknowledgements; Contents; Introduction; Point of Departure: The Question of Questions; The Question of Questions in an Era of Transformations; Theoretical Backdrop; The Book: Structure and Aims; Part I: Law as a Complex Practice: The Rule-Based Model; Overview; Chapter 1: Legal Theory as a Scienti fi c Discipline and the Variety of Rules; 1.1 Preliminary; 1.2 Austin and the Autonomy of Legal Theory; 1.3 Kelsen and the Scienti fi c Amendment of Legal Positivism; 1.4 Beyond Commands and Imperatives: The Puzzle of Secondary Rules
    Description / Table of Contents: Chapter 2: Legal Validity and the Problem of Rule-Acceptance2.1 Preliminary; 2.2 Four Notions of Acceptance; 2.3 The Ambiguities of Acceptance as Observance; Chapter 3: Reflective Acceptance: Reasons for Action and Criterion-Rules; 3.1 Preliminary; 3.2 Internal Point of View and Rule-Government; 3.3 Rules as Reasons for Action; 3.4 Habits, Rules and the Limits of Hart's Approach; 3.5 A Quasi-Wittgensteinian Reading of the Practice Theory; 3.6 Criterion-Rules and Conditions of Thinkability; Chapter 4: The Legal Practice and Its (Vanishing) Borders; 4.1 Preliminary
    Description / Table of Contents: 4.2 The 'Payne Problem': Relevant Population and Lay People4.3 Rule-Based Model of What?; 4.4 Law as a Practice Among Practices; Part II: Law as a Selective Practice: The Social and the Legal; Overview; Chapter 5: The Pluralist Divide; 5.1 Preliminary; 5.2 The Reasons for Legal Pluralism: Pragmatic and Conceptual Arguments; 5.3 First Type of Pluralism: Law as Organisation; 5.3.1 Eugen Ehrlich: The Living Law of Associations; 5.3.2 Santi Romano: Institutions as Legal Orders; 5.4 Second Type of Pluralism: The Arti fi cial Character of Law
    Description / Table of Contents: 5.4.1 Sally Falk Moore: The Dialectic Spontaneity/Arti fi ciality5.4.2 Marc Galanter: The Historicity of Legal Borders; 5.5 Third Type of Pluralism: The Dissolution of Legal Pluralism; 5.5.1 Sally Engle Merry: Law as Frame of Signi fi cance; 5.5.2 Brian Tamanaha: The Praxiological Way-Out; 5.6 Legal Pluralism: A Provisional Assessment; Chapter 6: Legal Pluralism Revised: Law as the Product of Selection; 6.1 Preliminary; 6.2 The Root of All Evils: The Malinowski Problem; 6.3 Legal Selection and Legitimate Coercion: Hoebel's View; 6.4 Towards a Concept of Law as a Selective Practice
    Description / Table of Contents: Chapter 7: Classic Institutionalism: Jural Reality and Legal Selection7.1 Preliminary; 7.2 Institutions, Inner Orders, and Romano's Dilemma; 7.3 Jural Reality and Of fi cial Law; 7.4 Integrating Institutionalism: Thin Functionalism; Chapter 8: Exploring the Jural Continuum; 8.1 Preliminary; 8.2 The Background of Social Practices; 8.3 Criterion-Rules , Instance-Rules, Norm-Rules; 8.4 The Jural Continuum: Practices, Institutions, Organisations; 8.5 Relevant Population and Lay People Reconsidered; Part III: The Law as a Special Practice: Legal Field and Social Reality; Overview
    Description / Table of Contents: Chapter 9: Negotiating Reality: Knowledge and Categories in the Legal Field
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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  • 59
    ISBN: 9783642230059
    Language: English
    Pages: Online-Ressource (XLI, 502p, digital)
    Edition: 2nd ed. 2012
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. German corporate governance in international and European context
    RVK:
    RVK:
    RVK:
    RVK:
    Keywords: Corporate Governance ; Führungsorganisation ; Deutschland ; Welt ; Unternehmensverfassung ; Gesellschaftsrecht ; EU-Gesellschaftsrecht ; Internationales Gesellschaftsrecht ; EU-Staaten ; OECD-Staaten ; USA ; Großbritannien ; Australien ; Commercial law ; Industrial management ; Law ; Law ; Commercial law ; Industrial management ; Deutschland ; Corporate Governance ; Europäische Union ; Deutschland ; Corporate Governance ; Europäische Union
    Abstract: Matthias Caspe
    Abstract: Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics. This second edition is an extensively revised and updated version of the first edition, in particular with a view to the worldwide debt crisis. The authors provide readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe. The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. It also expands the scope of the first edition by a treatment of the German financial sector, global corporate finance and governance, and by including a new chapter on compliance of corporate governance laws, rules and standards in Germany. As far as comparative law is concerned, new developments in the area of corporate governance in the EU, the OECD Principles of Corporate Governance and corporate governance in the US, the UK and Australia are covered. The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance. Professor Dr. Jean J. du Plessis, Deakin University, Geelong Victoria, Australia Professor Dr. Bernhard Großfeld, Muenster, Germany Professor Dr. Claus Luttermann, Catholic University of Eichstaett-Ingolstadt, Ingolstadt, Germany Professor Dr. Ingo Saenger, University of Muenster, Muenster, Germany Professor Dr. Otto Sandrock, Muenster, Germany
    Note: Includes bibliographical references and index
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  • 60
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400720398
    Language: English
    Pages: Online-Ressource (XXXI, 372p. 32 illus, digital)
    Series Statement: Space Regulations Library 7
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Lee, Ricky J. Law and regulation of commercial mining of minerals in outer space
    DDC: 341.4
    RVK:
    Keywords: Mines and mineral resources ; Astrophysics ; Law ; Law ; Mines and mineral resources ; Astrophysics ; Weltraum ; Abbaustelle ; Bergbau ; Bergbauberechtigung ; Bergrecht ; Regulierung
    Abstract: This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.
    Description / Table of Contents: Acknowledgements; Contents; List of Abbreviations; List of Figures; List of Tables; Glossary; List of Reports, Series and Journal Titles; 1 Introduction and Overview; 1.1 The Problem; 1.1.1 The Context; 1.1.2 Structure of the Monograph; 1.2 Historical Background; 1.2.1 Technological Evolution; 1.2.2 The Post-Cold War World; 1.2.3 The Hypothesis; 1.3 Economic and Technical Prospects of Mining on Celestial Bodies; 1.4 Liability and State Responsibility for Compliance with International Legal Principles; 1.4.1 Phases of a Commercial Space Mining Venture; 1.4.2 Applicable Legal Issues
    Description / Table of Contents: 1.4.3 State Responsibility and International Liability1.5 Exploration and Extraction Rights; 1.6 Exploitation Rights: Effects of the Common Heritage of Mankind Doctrine; 1.7 Meeting the Challenges and Balancing the Competing Interests in Creating a Regulatory Framework for Mineral Resources in Space; 1.7.1 Meeting the Challenges; 1.7.2 Balancing the Competing Interests; 1.7.3 Structure and Composition; 1.7.4 Procedures; 1.7.5 Judicial Mechanisms; 1.8 Conclusions; 2 Economic and Technical Prospects of Mining on Celestial Bodies; 2.1 Introduction; 2.2 Economic Feasibility of Space Mining
    Description / Table of Contents: 2.2.1 The Study of Resource Economics2.2.1.1 Overview; 2.2.1.2 Proven Reserves; 2.2.1.3 Conditional Reserves; 2.2.1.4 Inferred Resources; 2.2.1.5 Hypothetical Reserves; 2.2.1.6 Speculative Resources; 2.2.2 Economic Scarcity of Mineral Resources; 2.2.2.1 Theoretical Constructs; 2.2.2.2 The Optimistic Perspective; 2.2.2.3 The Pessimistic Perspective; 2.2.3 Implications of the Hydrogen Economy; 2.3 Expanding the Economic Resource Base; 2.4 The Riches of Space; 2.4.1 Mining the Moon; 2.4.2 Resources from Mars and Other Planets
    Description / Table of Contents: 2.4.3 Geology and Mineralogy of Asteroids and Their Suitability for Mining Activities2.4.3.1 Asteroid Taxonomy; 2.4.3.2 Overview; 2.4.3.3 The S Class; 2.4.3.4 The M and E Classes of Asteroids; 2.4.3.5 The V Class; 2.4.4 Suitability of Near Earth Asteroids; 2.4.5 Other Groups of Potential Mining Candidates; 2.4.5.1 The Arjunas; 2.4.5.2 Coorbital Asteroids; 2.4.5.3 Short Period Comets; 2.5 Technical Feasibility of Space Mining; 2.5.1 Orbital Mechanics; 2.5.1.1 Orbital Geometry; 2.5.1.2 Calculating Energy Requirements; 2.5.1.3 Hohmann Transfer Orbits; 2.5.1.4 Timing Considerations
    Description / Table of Contents: 2.5.2 Mission Trajectories2.5.2.1 Energy Cost of Mining Missions to Celestial Bodies; 2.5.2.2 Apollo Asteroids; 2.5.2.3 Short Period Comets; 2.5.2.4 Aten Asteroids; 2.5.2.5 Arjuna and Amor Asteroids with Low Eccentricities; 2.5.3 Energy Requirements for the Mining and Processing of Ores; 2.6 Exploratory Missions to Near Earth Asteroids; 2.6.1 Flyby Missions; 2.6.2 Rendezvous and Lander Missions; 2.6.3 Sample Return Missions; 2.7 Commercial Feasibility of Space Mining; 2.7.1 Advantages of Mining Near Earth Asteroids; 2.7.2 Costing an Asteroid Mining Project
    Description / Table of Contents: 2.7.3 Determining Financial Feasibility
    Note: Description based upon print version of record
    URL: Cover
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  • 61
    ISBN: 9783642284335
    Language: English
    Pages: Online-Ressource (XXVIII, 103p. 45 illus, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Common Corporate Tax Base (CC(C)TB) and determination of taxable income
    RVK:
    Keywords: Unternehmensbesteuerung ; Körperschaftsteuer ; Besteuerungsverfahren ; Vergleich ; EU-Staaten ; Schweiz ; USA ; Public finance ; Law ; Law ; Public finance ; Europäische Union ; Rechtsvereinheitlichung ; Körperschaftsteuer ; Besteuerungsgrundlage ; Rechtsvergleich ; Europäische Union ; Rechtsvereinheitlichung ; Körperschaftsteuer ; Besteuerungsgrundlage ; Rechtsvergleich
    Abstract: York Zöllkau
    Abstract: The study conducted by the Centre of European Economic Research (ZEW), the University of Mannheim and Ernst Young contributes to the ongoing evaluation of the proposal for a Draft Council Directive on a Common Consolidated Corporate Tax Base (CC(C)TB) released by the European Commission on March 16, 2011. For the first time, details on the determination of taxable income under the proposed Council Directive are compared to prevailing corporate tax accounting regulations in all 27 Member States, Switzerland and the US. The study presents evidence on the scope of differences and similarities between national tax accounting regulations and the Directive's treatment in a complete, yet concise form. Based on this comprehensive comparison, it goes on to discuss remaining open questions and adjustments needed if the Directive is to be implemented in national tax law. Readers seeking a basis for taking an active part in the public debate will find a valuable source of information and a first impression of how the proposed CC(C)TB would affect corporate tax burdens in the European Union.
    Description / Table of Contents: Common Corporate Tax Base (CC(C)TB) and Determination of Taxable Income; Preface; Content; List of Figures; List of Tables; Abbreviations; Authors; Country Contributions; Executive Summary; Draft Council Directive on a Common Consolidated Corporate Tax Base (CCCTB); Objective of the Study; Structure of the Study; Results of Comparative Analyses (see Sections C and D.1); A Call for Clarity: Some Open Questions (see Section D.2); Summary; A. Introduction; B. Common Corporate (Consolidated) Tax Base: Some Institutional Details; B.1. The CCCTB: A Shift in Paradigm
    Description / Table of Contents: B.2. Advantages: Overcoming Tax Obstacles to Cross-Border ActivitiesB.3. Implementation Issues: Some Critical Comments; Formula Apportionment: Some General Issues; a.) Factors in the Formula: Intangibles; b.) Tax Administration: One-Stop-Shop; c.) Third Countries: Treatment of Outbound and Inbound Investments; Formula Apportionment and Tax Planning: In Favour of a Minimum Tax Rate; Entry to and Exit from the CCCTB: Taxation of Hidden Reserves
    Description / Table of Contents: C. The Determination of Taxable Income: A Comparison of the CCCTB Proposal and Current Practice in the EU Member States, Switzerland and the United StatesC.1. Methodology and Scope of the Survey; C.2. Fundamental Concepts and General Principles; C.2.1. Determination of the Tax Base: Starting Point; C.2.2. Basic Principles Underlying the Determination of the Tax Base; C.3. Elements of the Tax Base; C.3.1. Revenue; C.3.1.1. Timing of Revenue; C.3.1.2. Taxation of Unrealised Revenue; a) Financial Assets and Liabilities held for Trading; b) Long-term Contracts; c) Controlled Foreign Companies
    Description / Table of Contents: C.3.1.3. Capital Gainsa) Tangible Fixed Assets; b) Intangible Assets; c) Asset Replacement Reserve; C.3.2. Exempt Revenue; C.3.2.1. Profit Distributions; a) Profit Distributions from Substantial Shareholding; Domestic Shareholding; Foreign Shareholding; b) Profit Distributions from Portfolio Shareholding; Domestic Shareholding; Foreign Shareholding; C.3.2.2. Capital Gains upon the Disposal of Shares; a) Disposal of Substantial Shareholdings; Domestic Shareholding; Foreign Shareholding; b) Disposal of Portfolio Shares; C.3.2.3. Income of a Foreign Permanent Establishment
    Description / Table of Contents: C.3.3. Deductible ExpensesC.3.3.1. General Principles and Timing of Expenses; C.3.3.2. Stocks and Work-in-Progress; Initial Measurement; Acquisition Costs; Production Cost; Simplifying Valuation Methods; Subsequent Measurement; C.3.3.3. Bad Debt Receivables; C.3.3.4. Provisions; C.3.3.5. Pension Payments; C.3.4. Other Deductible Items; C.3.4.1. General Principles; C.3.4.2. Depreciation Base; Research and Development Costs; Improvement Cost; C.3.4.3. Low-Value Assets; C.3.4.4. Individually Depreciable Assets; Buildings; Machinery and Equipment (Long-life); Intangibles
    Description / Table of Contents: a. Internally Developed Intangibles
    Note: Description based upon print version of record
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  • 62
    ISBN: 9789400729032
    Language: English
    Pages: Online-Ressource (XVIII, 363p. 20 illus., 10 illus. in color, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. European Data Protection
    RVK:
    Keywords: Philosophy of law ; Technology Philosophy ; Computers Law and legislation ; Law ; Law ; Philosophy of law ; Technology Philosophy ; Computers Law and legislation ; Data protection--Law and legislation--European Union countries. ; Privacy, Right of--European Union countries. ; Europäische Union ; Computersicherheit ; Datenschutz
    URL: Cover
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  • 63
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400727953
    Language: English
    Pages: Online-Ressource (XVI, 365p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Perspectives on Human Suffering
    RVK:
    Keywords: Philosophy (General) ; Medicine ; medicine Philosophy ; Quality of Life ; Law ; Quality of Life Research ; Philosophy ; Philosophy (General) ; Medicine ; medicine Philosophy ; Quality of Life ; Law ; Quality of Life Research
    Abstract: Norelle Lickiss
    Abstract: This volume brings together a range of interdisciplinary perspectives on a topic of central importance, but which has otherwise tended to be approached from within just one or another disciplinary framework. Most of the essays contained here incorporate some degree of interdisciplinarity in their own approach, but the volume nevertheless divides into three main sections: Philosophical considerations; Humanities approaches; Legal, medical, and therapeutic contexts. The volume includes essays by philosophers, medical practitioners and researchers, historians, lawyers, literary, Classical, and Judaic scholars. The essays are united by a common concern with the question of the human character of suffering, and the demands that suffering, and the recognition of suffering, make upon us.
    Description / Table of Contents: Foreword; Acknowledgements; Contents; Notes on Contributors; Chapter-1; Introduction: Human Suffering; Bibliography; Part I; Philosophical Considerations; Chapter-2; Suffering, Compassion, and the Possibility of a Humane Politics; Suffering and Temporality; Suffering and the Singularity of the Person; Suffering and a Humane Politics; Bibliography; Chapter-3; Pathei Mathos: The Political-Cognitive Value of Suffering; Principle of Reality and Principle of Coercion; Nietzsche: Between Forgetfulness and the apologia of Suffering; At the Origin of Suffering: The Pain of Misrecognition
    Description / Table of Contents: BibliographyChapter-4; Economies of Suffering: Kierkegaard and Levinas; Introduction; Useful Suffering; Useless Suffering; Conclusion; Bibliography; Chapter-5; The Other Thing About Suffering; Bibliography; Chapter-6; 'Giving the World a More Human Face'-Human Suffering in African Thought and Philosophy; Introduction: A History of Suffering-First from Without, Then from Within; Sub-Saharan Understandings of Suffering; Sub-Saharan Ethical Approaches Toward Suffering; Conclusion; Bibliography; Chapter-7; Suffering as Substantive and Subjective: Slavoj Žižek, Hannah Arendt and the Body's Pain
    Description / Table of Contents: Parallax, Fetishism and the Disavowal of Suffering-Can We Do Justice to Suffering Without a Notion of Substance?Suffering, the Changing Demography, and Literature's Transformation of Consciousness; Bibliography; Chapter-8; Suffering and Forgiveness: An Heroic Journey; Arendt and the Unforgivable; Romantic and Magical Forgiveness; A Hero's Journey; How to Forgive; Bibliography; Part II; Humanities Approaches; Chapter-9; The Suffering of Job: He is Every Person and No-One; The Theological Question; The Narrative; Job as the Man We Know; The Dilemma of Job; The Unfathomable Nature of God
    Description / Table of Contents: The Suffering Inherent in CreationDisinterested Piety; God's Justice is Beyond Our Justice; We Are Still Responsible; Bibliography; Chapter-10; The Meaning and the Experience of Suffering: A Historian's Perspective; Bibliography; Chapter-11; Jewish Responses to Suffering; Introduction; Rabbinical Literature; Early Rabbinical Responses to Suffering; Theodicy-One Dilemma? or Two?; Suffering in the Babylonian Talmud; Conclusion; Bibliography; Chapter 12; Suffering and Ancient Therapy: Plato to Cicero; Greco-Roman Conceptions of Suffering; Common Philosophical Assumptions
    Description / Table of Contents: Poetic Alleviation of SufferingPathos and Emotion; Form and Content of the Tusculan Disputations; Conclusion: Therapeutic Method in the Tusculans; Bibliography; Chapter-13; Ancient Greek Responses to Suffering: Thinking with Philoctetes; Bibliography; Chapter-14; Historicizing Suffering; Bibliography; Chapter-15; The Politics of Suffering: Aboriginal Health in Contemporary Australia; The Disease of Politicisation; Disease and Conquest; Crowded House; Brief Interventions; Blaming the Victim?; Bibliography; Part III; Legal, Medical and Therapeutic Contexts; Chapter-16
    Description / Table of Contents: Some Aspects of Human Suffering and the Criminal Law
    Note: Description based upon print version of record
    URL: Cover
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  • 64
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642284847
    Language: English
    Pages: Online-Ressource (XXII, 191 p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Simić, Olivera Regulation of sexual conduct in UN peacekeeping operations
    RVK:
    Keywords: Statistics ; Developmental psychology ; Law ; Law ; Statistics ; Developmental psychology ; Vereinte Nationen Peace Keeping Forces ; Sexualdelikt ; Sexualverhalten ; Verhaltenskodex ; Geschlechterstereotyp ; Vereinte Nationen ; Friedenstruppe ; Sexualdelikt ; Verhaltenskodex
    Abstract: This book critically examines the response of the United Nations (UN) to the problem of sexual exploitation in UN Peace Support Operations. It assesses the Secretary-General{u2019}s Bulletin on Special Protection from Sexual Exploitation and Sexual Abuse (2003) (SGB) and its definition of sexual exploitation, which includes sexual relationships and prostitution. With reference to people affected by the policy (using the example of Bosnian women and UN peacekeepers), and taking account of both radical and {u2018}sex positive{u2019} feminist perspectives, the book finds that the inclusion of consensual sexual relationships and prostitution in the definition of sexual exploitation is not tenable. The book argues that the SGB is overprotective, relies on negative gender and imperial stereotypes, and is out of step with international human rights norms and gender equality. It concludes that the SGB must be revised in consultation with those affected by it, namely local women and peacekeepers, and must fully respect their human rights and freedoms, particularly the right to privacy and sexuality rights
    Abstract: This book critically examines the response of the United Nations (UN) to the problem of sexual exploitation in UN Peace Support Operations. It assesses the Secretary-Generals Bulletin on Special Protection from Sexual Exploitation and Sexual Abuse (2003) (SGB) and its definition of sexual exploitation, which includes sexual relationships and prostitution. With reference to people affected by the policy (using the example of Bosnian women and UN peacekeepers), and taking account of both radical and sex positive feminist perspectives, the book finds that the inclusion of consensual sexual relationships and prostitution in the definition of sexual exploitation is not tenable. The book argues that the SGB is overprotective, relies on negative gender and imperial stereotypes, and is out of step with international human rights norms and gender equality. It concludes that the SGB must be revised in consultation with those affected by it, namely local women and peacekeepers, and must fully respect their human rights and freedoms, particularly the right to privacy and sexuality rights.
    Description / Table of Contents: Regulation of Sexual Conduct in UN Peacekeeping Operations; Endorsements; Preface; Acknowledgements; Contents; Abbreviations; Chapter 1: Sexual Conduct and Peacekeeping; 1.1 Background to the Research; 1.2 Purpose and Scope of the Book; 1.3 Methodology; 1.4 Structure of the Book; Chapter 2: UN Peacekeeping Operations: The Emerging Problem of Sexual Exploitation; 2.1 Introduction; 2.2 The Origins and Development of UN Peacekeeping Operations from the League of Nations Through to the End of the Cold War
    Description / Table of Contents: 2.3 The Multi-Dimensional Nature of UN Peacekeeping Operations After 1990: The Case of Bosnia and Herzegovina2.4 The Profile of Peacekeepers: Who Are They?; 2.5 The Profile of Beneficiaries and UN Peacekeeping Operations: Who Are Peacekeepers Protecting?; 2.6 The Problem of Sexual Exploitation in UN Peacekeeping Operations; 2.7 Conclusions; Chapter 3: The Secretary-General´s Bulletin: Evolution and Reception; 3.1 Introduction; 3.2 Phase 1: Ad hoc Mission-Level Responses to Allegations of Sexual Exploitation; 3.3 Phase 2: Attempts at Coordinated Responses Within the UN System
    Description / Table of Contents: 3.4 Phase 3: The Adoption of a Comprehensive `Zero Tolerance Policy´3.4.1 The Adoption of the SGB; 3.4.2 Sexual Relationships; 3.4.3 Prostitution; 3.4.4 Conclusions; 3.5 Responses to the `Zero Tolerance Policy´ by Researchers; 3.6 Conclusions; Chapter 4: Research Background, Aims and Methods; 4.1 Introduction; 4.2 Gender Politics in Bosnia and Herzegovina (BH); 4.2.1 Brief History of the Creation of the State of BH; 4.2.2 Gender Politics and Sexual Norms Before the Conflict in BH; 4.2.3 Gender and Sexual Violence in BH During the Conflict
    Description / Table of Contents: 4.2.4 Gender Politics During the Post-conflict Transitional Period4.2.5 Positioning Myself Within the Research; 4.3 Aims and Methods; 4.3.1 Aims and Methodology; 4.3.2 Designing the Interview Questions; 4.3.3 Ethical Considerations; 4.3.4 Finding the Interviewees; 4.3.5 Conducting the Research; Group A; Group B; Group C; 4.3.6 Research Challenges and Limitations; 4.4 Conclusions; Chapter 5: Sexual Relationships in UN Peacekeeping Operations; 5.1 Introduction; 5.2 Group A; 5.2.1 The Reasons for Entering into Their Relationships; 5.2.2 Expectations from Their Relationships
    Description / Table of Contents: 5.2.3 `Inherently Unequal Power´5.2.4 UN Credibility and Integrity; 5.2.5 Response to `Strong Discouragement´ of Sexual Relationships; 5.2.6 Conclusions; 5.3 Group B; 5.3.1 Perceptions of Reasons for UN Staff Entering into Relationships; 5.3.2 Perceptions of Reasons for Local Women Entering into Relationships; 5.3.3 `Inherently Unequal Power´; 5.3.4 UN Credibility and Integrity; 5.3.5 Response to `Strong Discouragement´ of Relationships; 5.3.6 Conclusions; 5.4 Group C; 5.4.1 `Inherently Unequal Power´; 5.4.2 UN Credibility and Integrity
    Description / Table of Contents: 5.4.3 Response to `Strong Discouragement´ of Relationships
    Note: Description based upon print version of record
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  • 65
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642295966
    Language: English
    Pages: Online-Ressource (IX, 1093 p, digital)
    Series Statement: MPI Studies on Intellectual Property and Competition Law 18
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Balancing copyright
    RVK:
    Keywords: Urheberrecht ; Gemeinwohl ; Vergleich ; Welt ; Argentinien ; Australien ; Belgien ; Bosnien-Herzegowina ; Brasilien ; Kanada ; Chile ; China ; Kolumbien ; Kroatien ; Zypern ; Ägypten ; Frankreich ; Deutschland ; Griechenland ; Ungarn ; Indien ; Israel ; Italien ; Japan ; Südkorea ; Litauen ; Macau ; Niederlande ; Polen ; Portugal ; Russland ; Serbien ; Singapur ; Nordeuropa ; Slowenien ; Südafrika ; Spanien ; Schweiz ; Taiwan ; Türkei ; Uganda ; Großbritannien ; USA ; Law ; Law ; Urheberrecht ; Rechtsvergleich ; Urheberrecht ; Rechtsvergleich
    Abstract: How does copyright law take into account the interests of third parties, especially the general publics interest in the greatest possible dissemination of knowledge and culture? Twelve basic questions give copyright law experts from more than forty countries the opportunity to provide answers related to their national law on the following matters: categories of works and subject matter, eligibility conditions, duration, "users rights, the three-step test, misuse, differentiations between categories of right holders, TPM, and relations of copyright law to other legal areas such as fundamental rights, competition law, consumer protection law, media law etc. The standardized form of the reports makes it easy to see the impacts of copyright law in the industrialized countries as well as in emerging economies; in common-law and civil-law approaches; in countries of the Andean Community and of the European Union, as well as in countries that are not party to the WIPO Treaties. A detailed preliminary chapter provides an approachable overview of issues and results. This chapter also discusses the voice of academia, represented by the European Copyright Code of the "Wittem Group.
    Description / Table of Contents: Balancing of Copyright - A Survey of National Approaches; Foreword; Table of Contents; Overview; Introduction; 1. To what extent does national law differentiate in terms of the effects of copyright law: (a) according to the various work categories; (b) according to factual aspects, e.g. different markets, competitive conditions, other factual aspects; and (c)according to other criteria?; a) Differentiation according to the work categories; b) Differentiations according to factual aspects such as different market, competitive competition; c) Other factual aspects/ According to other criteria
    Description / Table of Contents: 2. Which of the following legal instruments are used by national copyright law in order to achieve a "balance" of interests and to what extent are they used: (a) specific preconditions or thresholds allowing a work's protection only if it surpasses a particular degree of creativity (b) period of protection; (c) specific user rights, free of charge, granted by the law in favour of third parties; (d) specific user rights granted by the law in favour of third parties subject to the payment of a...
    Description / Table of Contents: a) Do specific preconditions or thresholds allow for a work's protection only if it surpasses a particular degree of creativity used by national copyright law in order to achieve a "balance" of interests, and to what extent are they used?b) Are periods of protection used by national copyright law in order to achieve a "balance" of interests, and to what extent are they used?; Preliminary remarks regarding "user rights"; c) Whether user rights free of charge are used by national copyright law in order to achieve a "balance" of interests and to what extent are they used?
    Description / Table of Contents: d) Are user rights subject to the payment of a remuneration to the right holders used by national copyright law in order to achieve a "balance" of interests and to what extent are they used?e) Are mandatory licences - obligation to conclude a contract established by law to grant a third party specific user rights in return for payment of a fee - used by national copyright law in order to achieve a "balance" of interests and to what extent are they used?
    Description / Table of Contents: f) Are copyright rules on misuse used by national copyright law in order to achieve a "balance" of interests and to what extent are they used?3. Are user rights regulated abstractly or concretely, by means of a combination of the two?; 4. The three-step test; Has the three-step test been explicitly implemented in national law (legislation)?; Did it play a role in the determination of the legal standards?; Is it directly applied by judicial practice?; Is the "Declaration …" well known, and ultimately which role did it play?
    Description / Table of Contents: 5. If categories of works are distinguished according to Question 1, to what extent do the legal instruments in Questions 2a-f differentiate according to these categories?
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  • 66
    ISBN: 9783642227578
    Language: English
    Pages: Online-Ressource (XXIX, 487p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Print version Deficits in EU and US Mandatory Environmental Information Disclosure
    Parallel Title: Buchausg. u.d.T. Bünger, Dirk Deficits in EU and US mandatory environmental information disclosure
    DDC: 344.046342
    RVK:
    Keywords: Environmental law ; Environmental protection ; Environmental pollution ; Law ; Law ; Environmental law ; Environmental protection ; Environmental pollution ; Europäische Union ; USA ; Luftverschmutzung ; Umweltinformationssystem ; Datenschutz ; Europäische Union ; USA ; Luftverschmutzung ; Umweltinformationssystem ; Datenschutz
    Abstract: It is the publicity about the Pollutant Release Inventory's data which creates an incentive for firms to achieve emission reductions. Accordingly, public access to environmental information constitutes a core characteristic of the aforementioned inventory. Here, in essence, two facets arise. First, with regard to the collection, it is disputed whether such information, which may comprise confidential commercial and industrial information in the EU as well as trade secrets in the US, can be protected under fundamental and constitutional property rights respectively. Second, in the context of di
    Description / Table of Contents: Deficits in EU and US Mandatory Environmental Information Disclosure; 3. Ancillary Information; 4. Summary; E. Conclusion of the Chapter; 4 TRI Under US Environmental Information Laws: The Collection; IV. Role Model Solutions for the Opposite Programme; V. Requester-Driven Access to Environmental Information; D. Dissemination and Utilisation of Environmental Information; E. Outlook; Bibliography; Table of Cases; Legislation & Documents;
    Note: Description based upon print version of record
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  • 67
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642219603
    Language: English
    Pages: Online-Ressource (XIV, 424p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Abeyratne, Ruwantissa I. R., 1951 - Strategic issues in air transport
    DDC: 341.4
    RVK:
    Keywords: Luftverkehr ; Luftverkehrssicherheit ; Internationale Sicherheit ; Nachhaltige Mobilität ; Verkehrsökonomik ; Welt ; Astronautics ; Law ; Law ; Astronautics ; Luftverkehr ; Sicherheit ; Nachhaltigkeit ; Umweltschutz ; Luftverkehr ; Sicherheit ; Nachhaltigkeit ; Umweltschutz
    Abstract: Ruwantissa Abeyratne
    Abstract: There are broadly four strategic issues in aviation: safety; security; environmental protection; and, sustainability in air transport. These issues will remain for a long time as key considerations in the safe, regular, efficient and economic development of air transport. Within these four broad categories come numerous subjects that require attention of the aviation industry as well as the States. In six chapters, this book engages in detailed discussions on these subjects as they unravelled in events of recent years. The issue of safety is addressed first, following an introduction of the re
    Description / Table of Contents: Strategic Issues in Air Transport; 1.1.2 Security; 1.2 The Assembly; 1.2.1 Safety; 1.2.3 Environmental Protection; 2.1.4 Provision of Air Traffic Services; 2.1.5.1 The Role of ICAO; 2.2 The Use of Airspace; 2.2.4 ICAO Initiatives; 2.3 Aviation Medicine; 2.3.1 The Aerotoxic Syndrome; 2.3.3 Medical Issues of Technical Crew Members; 2.4 Meteorological Issues; 2.4.1 ICAO´s Work on Mitigating the Effects of Volcanic Ash on Aviation; 2.4.3 State Liability; 2.6.1 The Role of ICAO; 2.6.4.1 The Banjul Accord Group (BAG); 2.7.2 Policy Aspects of Blacklisting; 2.7.3 Regulatory Oversight; References
    Description / Table of Contents: 3.2.1 Complicity3.2.2 Condonation; 3.2.3 Knowledge; 3.2.4 Security of the Passport; 3.3 Full Body Scanners and Emergent Issues; 3.3.3 Flight NW 253; 3.3.4 The AVSEC Panel; 3.4 Suppressing the Financing of Terrorism; 3.4.1.4 Acts Which Aid and Abet National Terrorism; 3.5 Civil Unrest and Aviation; 3.5.2 Airport and Aviation Security; Offences Under the Convention; 5.2.1 The Anomaly; 5.3 Open Skies; 5.3.2 Effect of Open Skies Competition; 5.4 Slot Allocation; 5.5 Corporate Foresight; References
    Note: Description based upon print version of record
    URL: Cover
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  • 68
    ISBN: 9783642242038
    Language: English
    Pages: Online-Ressource (XIX, 374p. 36 illus., 30 illus. in color, digital)
    Series Statement: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, Veröffentlichungen des Max-Planck-Instituts für ausländisches öffentliches Recht und Völkerrecht 235
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Arctic science, international law and climate change
    DDC: 344.046
    RVK:
    RVK:
    Keywords: Climatic changes ; Environmental law ; Law ; Law ; Climatic changes ; Environmental law ; Konferenzschrift 2011 ; Arktisforschung ; Klimaänderung ; Internationales Umweltrecht
    Abstract: Developments in the Arctic region are increasingly part of international discussion. The book contains a comprehensive and interdisciplinary analysis of the current problems around marine scientific research in the Arctic region. It combines scientific, legal and policy aspects. The main questions addressed are: ongoing and future Arctic marine research, marine research in the Arctic Ocean in practice, the legal framework, enlarged continental shelves and the freedom of marine science and particularities and challenges of the Arctic region. The contributors are leading experts in the field of politics, law and science.
    Description / Table of Contents: Arctic Science, International Law and Climate Change; Preface and Acknowledgements; Table of Contents; List of Abbreviations; Climate Change, International Law and Arctic Research - Legal Aspects of Marine Research in the Arctic Ocean; The Arctic: A Test Bench for International Dialogue; Arctic Science, International Law and Climate Change; I. Arctic Strategy of Finland; II. The Arctic Council; III. The European Union; The Arctic - a Sentinel for Environmental Processes and Effects; I. Introduction; II. The AMAP Monitoring Programme; III. Transport Mechanisms for Contaminants and Energy
    Description / Table of Contents: IV. Results1. Radioactivity; 2. Persistent Organic Pollutants ('POPs'); 3. Mercury; 4. POPs, Mercury and Human Health; 5. Petroleum Hydrocarbons; 6. Climate Change; V. Challenges for the Arctic; VI. Summing Up; More Relevant Research for the EU Arctic Policy; Arctic Processes and the Global Climate; I. Polar Processes; II. Observations; III. Scenarios; IV. Conclusion; Developing and Sustaining an Arctic Ocean Observing System; References:; Recent Russian Marine Research Activities in the Arctic Ocean; Arctic Research in Practice; I. Introduction; II. The Legal Framework
    Description / Table of Contents: III. Practical Experience: Polarstern Cruise ARKIII/3IV. Summary; Arctic Marine Research: The Perspective of a US Practitioner; I. Introduction; II. US Mapping Efforts in Support of Art. 76 UNCLOS; III. The Cruise Scheduling Process; IV. The Authorization Process; V. The Environmental Permitting Process; VI. Conclusions; Environmental Permitting Constraints on Arctic Marine Scientific Research; Marine Scientific Research in Waters under the Jurisdiction of the Russian Federation; Climate Change and Traditional Knowledge
    Description / Table of Contents: Extended Continental Shelf Issues in the Arctic Ocean: A Modern 'Land Grab' Or an Example of Cooperation between the Arctic Coastal States?I. Introduction; II. Assessment of Arctic Hydrocarbon Resources; III. The Ilulissat Declaration; IV. Art. 76 United Nations Convention on the Law of the Sea; V. Status of Work on Extended Continental Shelf Issues in the Arctic Ocean; VI. Conclusion; Setting the Stage: The Continental Shelf and Marine Science in the Arctic Ocean; I. Introduction; II. History6; III. Outer Limit: Criteria and Process; IV. MSR and the Continental Shelf
    Description / Table of Contents: V. Maritime Boundaries and Disputes1. Bilateral Agreements; 2. Disputes; VI. Conclusion; Legal Issues of MSR in the Arctic: A Chinese Perspective; I. China's MSR in the Arctic; II. Legal Regimes for MSR in the Arctic; 1. The United Nations Convention on the Law of the Sea; 2. The Spitsbergen Treaty; 3. National Regulations; 4. The Antarctic Treaty System; III. Some Findings and Recommendations; 1. Comparison of the UNCLOS and ATS Regimes; 2. Correlation between UNCLOS and the Spitsbergen Treaty; 3. Potential for More Restricted MSR Access; 4. Areas of Common Interest
    Description / Table of Contents: IV. China's Arctic Policy Considerations
    Note: Description based upon print version of record
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  • 69
    ISBN: 9783540788454
    Language: English
    Pages: Online-Ressource (XII, 266p. 10 illus, digital)
    Series Statement: Veröffentlichungen des Instituts für Deutsches, Europäisches und Internationales Medizinrecht, Gesundheitsrecht und Bioethik der Universitäten Heidelberg und Mannheim 33
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Science and Law
    Parallel Title: Buchausg. u.d.T. Trust in biobanking
    RVK:
    Keywords: Medicine ; Biotechnology ; Ethics ; medicine Philosophy ; Public health laws ; Law ; Konferenzschrift 2007 ; Biobank ; Biomedizin ; Medizinische Ethik ; Recht
    URL: Cover
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  • 70
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642148552
    Language: English
    Pages: Online-Ressource (XII, 140p, digital)
    Series Statement: European Yearbook of International Economic Law
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Science and Law
    Parallel Title: Buchausg. u.d.T. International investment law and EU law
    Parallel Title: Print version International Investment Law and EU Law
    RVK:
    RVK:
    Keywords: Commercial law ; Comparative law ; Public law ; Law ; Konferenzschrift 2009 ; Europäische Union ; Auslandsinvestition ; Recht
    Abstract: The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new 'post-Lisbon situation' in the area of investment policy, provokes further discussion and offers new approaches.
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  • 71
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9781402091605
    Language: English
    Pages: Online-Ressource (1200p. eReference. In 2 volumes, not available separately, 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. Encyclopedia of global justice
    Parallel Title: Druckausg. Encyclopedia of global justice
    RVK:
    Keywords: Philosophy (General) ; Philosophy ; Philosophy of law ; Political science Philosophy ; Law—Philosophy. ; Development economics ; Development Economics ; Political science ; Political science Philosophy ; Ethics ; Law ; Weltordnung ; Gerechtigkeit ; Globalisierung ; Politische Ethik
    Abstract: This two-volume Encyclopedia of Global Justice, published by Springer, along with Springer's book series, Studies in Global Justice, is a major publication venture toward a comprehensive coverage of this timely topic. The Encyclopedia is an international, interdisciplinary, and collaborative project, spanning all the relevant areas of scholarship related to issues of global justice, and edited and advised by leading scholars from around the world. The wide-ranging entries present the latest ideas on this complex subject by authors who are at the cutting edge of inquiry. The Encyclopedia sets the tone and direction of this increasingly important area of scholarship for years to come. The entries number around 500 and consist of essays of 300 to 5000 words. The inclusion and length of entries are based on their significance to the topic of global justice, regardless of their importance in other areas
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  • 72
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400701564
    Language: English
    Pages: Online-Ressource (XIX, 320p, digital)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 8
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Science and Law
    Parallel Title: Buchausg. u.d.T. The EU Charter of Fundamental Rights
    RVK:
    Keywords: Comparative law ; Public law ; Constitutional law ; Political science ; Law ; Civil rights--European Union countries. ; Europäische Union Charta der Grundrechte
    Abstract: The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons, the internal market, the area of freedom security and justice (civil and criminal aspects), social rights protection, environmental policy, enlargement, international trade and the Common Foreign and Security Policy.
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  • 73
    ISBN: 9789048189601
    Language: English
    Pages: Online-Ressource (XXV, 618p, 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. Postema, Gerald J. A treatise of legal philosophy and general jurispudence ; 11: Legal philosophy in the twentieth century: the common law world
    Keywords: Philosophy (General) ; Philosophy of law ; Law ; Law History ; Philosophy ; Law ; Philosophy ; Jurisprudence
    Abstract: G.J. Postema
    Abstract: A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 will be published in 2011 and volume 12 forthcoming in 2012), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index.Volume 11 Legal Philosophy in the Twentieth Century: The Common Law WorldLegal Philosophy in the Twentieth Century: The Common Law World offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.s The Path of Law (1897) and H.L.A. Harts Holmes Lecture, Positivism and the Separation of Law and Morals (1958). Holmess radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart,simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkins fundamental challenge to Harts theory, generated competing interpretations of and fundamental challenges to core doctrines of Harts positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.
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  • 74
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642204845
    Language: English
    Pages: Online-Ressource (XII, 281p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Kiser, Randall How lawyers think
    RVK:
    Keywords: Civil law ; Civil Law ; Industrial management ; Law ; Law ; Civil law ; Industrial management ; Law Psychological aspects ; New York ; Kalifornien ; Rechtsanwalt ; Prozesstaktik ; Erfolgsfaktor ; New York ; Kalifornien ; Rechtsanwalt ; Prozesstaktik ; Erfolgsfaktor ; Entscheidungsfindung ; Berufserfolg ; Rechtspsychologie
    Abstract: Randall Kiser
    Abstract: In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.
    Description / Table of Contents: pt. 1. Roles and responsibilities -- pt. 2. Frameworks and connections -- p. 3. Feelings and traits -- pt. 4. Techniques and strategies -- pt. 5. Learning and advice.
    Note: Includes bibliographical references and index
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  • 75
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783540788836
    Language: English
    Pages: Online-Ressource (XV, 426 p, digital)
    Series Statement: European Yearbook of International Economic Law 1
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Science and Law
    Parallel Title: Buchausg. u.d.T. European yearbook of international economic law ; 2010
    DDC: 341
    Keywords: Law ; Aufsatzsammlung ; Internationales Wirtschaftsrecht
    Abstract: The first volume of the new Yearbook tries to catch the broadness of comtemporary International Economic Law. In part I, it brings together articles on a variety of subjects, reaching from exchange rate manipulation and financial market supervision over international investment law including the growing investment protectionism to recent developments of the external economic constitution of the European Union and the relationship between climate change and International Economic Law. Part II tries to cover the major regional economic integration developments around the globe, analysed in different articles covering the different regions. Part III informs about recent activities in some of the major global economic institutions.
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  • 76
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642030581
    Language: English
    Pages: Online-Ressource (x, 594 pages with 0 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. Mäntysaari, Petri The law of corporate finance ; 3: Funding, exit, takeovers
    RVK:
    Keywords: Commercial law ; Public law ; Public finance ; Law
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  • 77
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9781402083815
    Language: English
    Pages: Online-Ressource (XII, 443 p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law and Philosophy Library 8
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Philosophy of law ; Law—Philosophy. ; Law—History.
    Abstract: 'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail
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  • 78
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400912977
    Language: English
    Pages: Online-Ressource (VIII, 1022 p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law
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  • 79
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642730528
    Language: English
    Pages: Online-Ressource (XXII, 392p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; International law.
    Abstract: The primary objective of the studies reported in this volume is the analysis of the legislative process in parliamentary and other Western countries and in the European Community, in order to elaborate on fundamental categories. Also reported is a study of the application of information technology in legislative activities. In particular, the main aim of this research is to evaluate the relations between the sources of law systems operating in the various legal systems and the corresponding forms of government and to establish to what extent legislative techniques depend on the form of government in a given country, and vice-versa. All the studies are developed using comparative methods, take into account data concerning various countries and are based on separate analyses of each by the respective national legal scholars
    Description / Table of Contents: The Law-Making Process as a Juridical and Political ActivityI The Law-Making Process -- II The Concept of Legal System -- III The Legislative Process and its Substitutes -- IV Relations between Forms of Government and Sources of Law Systems -- Constitutional Systems and Sources of Law -- 1 The Sources of Law and the Constitutional Context -- 2 The Hierarchy of the Sources of Law -- 3 The Conception of the Sources of Law and the International Legal Order -- 4 Unitary or Composite Structure of the State -- 5 Different Categories of Laws -- 6 Referendums and Other Forms of Participation of Citizens -- 7 Parliamentary Regimes and Presidential Regimes -- 8 Parliamentary Legislation and Governmental Action -- 9 Other Aspects of the Form of Government -- 10 The Delegation of Normative Powers -- 11 The Role of the Judiciary -- 12 Conclusions -- Constitutional Law between Statutory Law and Higher Law -- I Preliminary Notes: Object and Method of the Investigation -- II The General Character of the Constitutions -- III Constitutional Law and Statutory Law -- IV Relationship between Constitutional Law and Higher Law -- Statute and Statutory Instrument in the Evolution of European Constitutional Systems -- I Preliminary Notes -- II Statute and Statutory Instrument in the Constitutions and in Practice in Some European Legal Systems -- III Common Tendencies -- IV Towards the Definition of Three European Models. -- Constitutional Jurisdiction as Law-Making -- I Subject and Scope -- II Techniques of Constitutional Jurisdiction -- III Methods of Judicial Law-Making and its Effects -- Collective Bargaining as Agreement and as Law: Neo-Contractualist and Neo-Corporative Tendencies of our Age -- I Introduction -- II The Legal Nature of Collective Agreements -- III State Guidance in Collective Bargaining -- IV Neo-Corporative Tendencies -- Central Law and Peripheral Law -- I Federalism, Regionalism and Peripheral Law as Matters for Constitutional Regulation: an Overview -- II Decentralization, Democracy and Form of State. The Influence of American Federalism and the European Tradition -- III Federalism v. Regionalism or Separation v. Coordination? Patterns of Political Decentralization and Law-Making Rules -- IV What Peripheral Law is and how it Works -- The Law-Making Process in the European Communities -- I Introduction -- II The Formation of Community Regulations -- III Regulations and Other Sources of the Community Legal System -- Problems of the Legislative Process in the Socialist Countries of Europe -- I Preliminary Remarks -- II Law and Legislation in the Socialist Countries… -- III The Legislative Process in the Socialist Countries -- Some Specific Elements Concerning the Legislative Process of the S.F.R. of Yugoslavia -- 1 The Postwar Development of the Constitutional System of Yugoslavia -- 2 The Assembly of the S.F.R. of Yugoslavia -- 3 Legislative Process -- 4 Relations between Federal and Republican (Provincial) Agencies in the Legislative Process -- 5 Executive Activity -- 6 Process of Delegalization -- 7 Concluding Note -- Software for the Legislator -- 1 Introductory Notes -- 2 Legislative Pollution -- 3 “Gesetzgebung” -- 4 Computer Aids -- 5 Legislative Information Retrieval Systems -- 6 Automatic Analysis of Legislation -- 7 A Model for Rational Reconstruction of a Positive Legal System -- 8 The Legislator’s Language -- 9 Calculation of Combinations and Consequences -- 10 Expert Systems -- 11 A Shell for Basic Deontic Logic -- 12 Conclusions -- Annex I: How the Research was Carried out -- Annex II: Guidelines for the National Reporters -- I Preliminary Notes -- II The Legislative Process -- III Statutes and the Forms of State and of Government -- IV Statutes in the System of the Sources of the Law -- V The Structure of the National Reports.
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  • 80
    ISBN: 9789401763899
    Language: English
    Pages: Online-Ressource (XVII, 218 p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: International Studies in Human Rights
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; International law.
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  • 81
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789401098588
    Language: English
    Pages: Online-Ressource (256p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Public health laws ; Medical laws and legislation.
    Abstract: Division 5: Controls over Sale, Supply and Administration of Medicines -- III Further Provisions Relating to Dealings with Medicinal Products -- The Medicines (Administration of Radioactive Substances) Regulations 1978 -- The Medicines (Bal Jivan Chamcho Probition) (No.2) Order 1977 -- The Medicines (Prohibition of Non-medicinal Antimicrobial Substances) Order 1977 -- The Medicines (Chloroform Prohibition) Order 1979 as amended -- The Medicines (Phenacetin Prohibition) Order 1979 -- The Medicines (Stilbenes and Thyrostatic Substances Prohibition) Order 1982 -- Divison 6: Controls over Sale, Supply and Administration of Veterinary Products -- The Medicines (Restriction on the Administration of Veterinary Medicinal Products) Regulations 1983 -- The Medicines (Veterinary Drugs) (General Sale List) Order 1984 -- The Medicines (Veterinary Drugs) (Prescription Only) Order 1985 -- The Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1984 as amended -- Division 7: Quality of Medicines and Medicated Animal Feeding Stuffs -- VIII British Pharmacopoeia and other Publications -- II Certificate of Analysis or Examination of Animal Feeding Stuff (1) -- Division 8 Pharmacies -- IV Pharmacies.
    Abstract: The Medicines Act 1968 together with its delegated legislation comprehensively controls the manufacture, packaging, labelling, distribution and promotion of medicines for both human and animal use in the United Kingdom. It also controls the import and export of such medicines. It replaced a patchwork of controls which evolved over a century. Since its enactment, more than 150 items of delegated legislation (orders and regulations) have been made under its provisions and about 130 are still operative. The sheer physical bulk of this mass of material causes difficulty, not only in comprehension but also in finding the detail so often required. The situation is exacerbated by the fact that some pieces of legislation have been amended several times. My principal aim is to provide a reference book which contains all of the provisions of the Act and its various orders, regulations as amended to date. The material is arranged to facilitate the search for detail. In order to assist the reader in finding his way through this maze, Chaper 1 consists of a survey of the situation which existed before the Act came into being, together with a synopsis of the present controls. This should enable the reader to appreciate the changes which have occurred and how the system works.
    Description / Table of Contents: Division 5: Controls over Sale, Supply and Administration of MedicinesIII Further Provisions Relating to Dealings with Medicinal Products -- The Medicines (Administration of Radioactive Substances) Regulations 1978 -- The Medicines (Bal Jivan Chamcho Probition) (No.2) Order 1977 -- The Medicines (Prohibition of Non-medicinal Antimicrobial Substances) Order 1977 -- The Medicines (Chloroform Prohibition) Order 1979 as amended -- The Medicines (Phenacetin Prohibition) Order 1979 -- The Medicines (Stilbenes and Thyrostatic Substances Prohibition) Order 1982 -- Divison 6: Controls over Sale, Supply and Administration of Veterinary Products -- The Medicines (Restriction on the Administration of Veterinary Medicinal Products) Regulations 1983 -- The Medicines (Veterinary Drugs) (General Sale List) Order 1984 -- The Medicines (Veterinary Drugs) (Prescription Only) Order 1985 -- The Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1984 as amended -- Division 7: Quality of Medicines and Medicated Animal Feeding Stuffs -- VIII British Pharmacopoeia and other Publications -- II Certificate of Analysis or Examination of Animal Feeding Stuff (1) -- Division 8 Pharmacies -- IV Pharmacies.
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  • 82
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400941410
    Language: English
    Pages: Online-Ressource (XXXIII, 362 p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Public health laws ; Surgery ; Conflict of laws. ; International law. ; Comparative law. ; Medical laws and legislation. ; Private international law.
    Abstract: 1 Historical background and introduction -- 2 The administration of the Act -- 3 Medicinal products and other articles -- 4 The licensing system -- 5 Licences and certificates relating to products -- 6 Licences for activities -- 7 Controls over the sale and distribution of medicines -- 8 Wholesale sales -- 9 Retail sale of medicines for human use -- 10 Dispensing medicines -- 11 Sales, supplies and administration by exempted users -- 12 Herbal remedies -- 13 Homoeopathy and similar systems of medicine -- 14 Medicinal products for administration to animals -- 15 Medicated animal feeding stuffs -- 16 The packaging and labelling of medicines -- 17 The quality of medicinal products reaching the consumer -- 18 Promotion of sales of medicinal products -- 19 Advertisements and representations directed to practitioners -- 20 Advertisements directed to the public -- 21 Pharmacies -- Appendix 1: Definitions of words and phrases used in the Act and subordinate legislation -- Appendix 2: Recommended warning and advisory labels for dispensed medicines -- Appendix 3: Code of ethics of the Pharmaceutical Society of Great Britain -- Appendix 3B: Guide to good dispensing practice -- Appendix 3C: Guide to the self-assessment of professional practice activites -- Appendix 4: NHS limited list.
    Abstract: The Medicines Act 1968 together with its delegated legislation comprehensively controls the manufacture, packaging, labelling, distribution and promotion of medicines for both human and animal use in the United Kingdom. It also controls the import and export of such medicines. It replaced a patchwork of controls which evolved over a century. Since its enactment, more than 150 items of delegated legislation (orders and regulations) have been made under its provisions and about 130 are still operative. The sheer physical bulk of this mass of material causes difficulty, not only in comprehension but also in finding the detail so often required. The situation is exacerbated by the fact that some pieces of legislation have been amended several times. My principal aim is to provide a reference book which contains all of the provisions of the Act and its various orders, regulations as amended to date. The material is arranged to facilitate the search for detail. In order to assist the reader in finding his way through this maze, Chaper 1 consists of a survey of the situation which existed before the Act came into being, together with a synopsis of the present controls. This should enable the reader to appreciate the changes which have occurred and how the system works.
    Description / Table of Contents: 1 Historical background and introduction2 The administration of the Act -- 3 Medicinal products and other articles -- 4 The licensing system -- 5 Licences and certificates relating to products -- 6 Licences for activities -- 7 Controls over the sale and distribution of medicines -- 8 Wholesale sales -- 9 Retail sale of medicines for human use -- 10 Dispensing medicines -- 11 Sales, supplies and administration by exempted users -- 12 Herbal remedies -- 13 Homoeopathy and similar systems of medicine -- 14 Medicinal products for administration to animals -- 15 Medicated animal feeding stuffs -- 16 The packaging and labelling of medicines -- 17 The quality of medicinal products reaching the consumer -- 18 Promotion of sales of medicinal products -- 19 Advertisements and representations directed to practitioners -- 20 Advertisements directed to the public -- 21 Pharmacies -- Appendix 1: Definitions of words and phrases used in the Act and subordinate legislation -- Appendix 2: Recommended warning and advisory labels for dispensed medicines -- Appendix 3: Code of ethics of the Pharmaceutical Society of Great Britain -- Appendix 3B: Guide to good dispensing practice -- Appendix 3C: Guide to the self-assessment of professional practice activites -- Appendix 4: NHS limited list.
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  • 83
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789401769945
    Language: English
    Pages: Online-Ressource (XIII, 374 p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law in Eastern Europe
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Criminology
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  • 84
    ISBN: 9783642704499
    Language: English
    Pages: Online-Ressource , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Public health laws ; Medical laws and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law.
    Abstract: (A) Austria -- A. Grundlagen der ärztlichen Versorgung -- B. Klagen und Verfahrensgang -- C. Haftung für Fahrlässigkeit -- D. Kliniken, medizinisches Gerät, Hilfspersonal -- E. Versicherungssysteme -- F. Spezialfragen -- (B) Belgium -- A. Fondement et organisation du systeme des soins de santé en Belgique -- B. Plaintes et procédures -- C. Responsabilité des médecins -- D. Responsabilité des cliniques, des assistants et des choses -- (GB) England -- A. Bases of the System of Medical Care -- B. Claims and Court Cases -- C. Responsibility for Negligence -- D. Clinics, Personnel Equipment -- E. Insurance Schemes -- (F) France -- A. Principes déontologiques fondamentaux -- B. Réclamations et procédures judiciaires -- C. Responsabilité dans les cas d’imprudence -- D. Cliniques, équipement et personnel -- E. Systèmes d’assurance -- F. Situations spéciales -- (D) Germany -- A. Grundlagen der medizinischen Versorgung -- B. Medizinische Verantwortlichkeit und Verfahren -- C. Haftung für Behandlungsfehler -- D. Kliniken, medizinisches Gerät, Hilfspersonal -- E. Versicherungssysteme -- F. Sondersituation -- Literatur -- (GR) Greece -- Vorbemerkung -- A. Grundlagen der ärztlichen Versorgung -- B. Klagen und Verfahrensgang -- C. Haftung für Fahrlässigkeit -- D. Kliniken, medizinisches Gerät, Hilfspersonal -- E. Versicherungssysteme -- F. Spezialfragen -- G. Kritische Beurteilung -- Literatur -- (I) Italy -- A. Bases of the System of Medical Care -- B. Claims and Court Cases Regarding Medical Care -- C. Responsibility for Negligence -- D. Clinics, Machines and Employees -- E. Insurance Schemes -- F. Special Situations -- G. Conclusions -- (NL) Netherlands -- A. Bases of the System of Medical Care -- B. Claims and Court Cases -- C. Responsibility for Negligence -- D. Clinics, Machines and Employees -- E. Insurance Schemes -- (N) Norway -- A. Basis of the System of Medical Care -- B. Claims and Court Cases -- C. Liability for Negligence -- (P) Portugal -- A. General Aspects -- B. Civil Responsibility -- C. Criminal Responsibility -- (Sc) Scotland -- A. The Bases of Medical Care -- B. Claims and Court Cases -- C. Responsibility for Negligence -- D. Clinics, Personnel, Equipment -- (SU) Soviet Union -- A. Health Care and Social Insurance -- B. Medical Actions with Detrimental Outcome -- C. General View on the Types of Violation of Duty by Medical Personnel and Medical Institutions -- D. Basic Criminal Acts Committed by Medical Personnel -- E. Civil Responsibility of Medical Institutions: Legal Nature of Responsibility -- F. Material Prerequisites of Civil Responsibility -- G. Procedural Prerequisites of Civil Responsibility -- (E) Spain -- A. Deontological and Legal Bases of Medical Care in Spain -- B. Judicial and Administrative Competence with Respect to Complaints About Medical Care -- C. The Physician’s Culpable Responsibility -- D. The Physician’s Civil Responsibility Arising from Civil Fault -- E. Assigning Medical Responsibility -- F. Social Insurance and Medical Responsibility -- G. Private Medical Care Insurance in Spain -- H. Organ Transplantation -- I. Intensive Care; Death -- J. Drugs Manufacture and Control -- References -- (S) Sweden -- A. Introduction -- B. Organisation of Medical Care in Sweden -- C. The Patient’s Rights -- D. Criminal Responsibility -- E. Administration Jurisdiction -- F. Tort Liability -- G. The Patient Insurance Scheme -- H. Conclusions -- (CH) Switzerland -- A. Grundlagen der ärztlichen Versorgung -- B. Klagen und Verfahrensgang -- C. Haftung für Fahrlässigkeit -- D. Kliniken, medizinisches Gerät, Hilfspersonal -- E. Versicherungssysteme -- Literatur -- (YU) Yugoslavia -- A. Medical Law and Health Care -- B. Responsibility of Medical Personnel and Institutions for Negligence -- Index des sujets.
    Description / Table of Contents: (A) AustriaA. Grundlagen der ärztlichen Versorgung -- B. Klagen und Verfahrensgang -- C. Haftung für Fahrlässigkeit -- D. Kliniken, medizinisches Gerät, Hilfspersonal -- E. Versicherungssysteme -- F. Spezialfragen -- (B) Belgium -- A. Fondement et organisation du systeme des soins de santé en Belgique -- B. Plaintes et procédures -- C. Responsabilité des médecins -- D. Responsabilité des cliniques, des assistants et des choses -- (GB) England -- A. Bases of the System of Medical Care -- B. Claims and Court Cases -- C. Responsibility for Negligence -- D. Clinics, Personnel Equipment -- E. Insurance Schemes -- (F) France -- A. Principes déontologiques fondamentaux -- B. Réclamations et procédures judiciaires -- C. Responsabilité dans les cas d’imprudence -- D. Cliniques, équipement et personnel -- E. Systèmes d’assurance -- F. Situations spéciales -- (D) Germany -- A. Grundlagen der medizinischen Versorgung -- B. Medizinische Verantwortlichkeit und Verfahren -- C. Haftung für Behandlungsfehler -- D. Kliniken, medizinisches Gerät, Hilfspersonal -- E. Versicherungssysteme -- F. Sondersituation -- Literatur -- (GR) Greece -- Vorbemerkung -- A. Grundlagen der ärztlichen Versorgung -- B. Klagen und Verfahrensgang -- C. Haftung für Fahrlässigkeit -- D. Kliniken, medizinisches Gerät, Hilfspersonal -- E. Versicherungssysteme -- F. Spezialfragen -- G. Kritische Beurteilung -- Literatur -- (I) Italy -- A. Bases of the System of Medical Care -- B. Claims and Court Cases Regarding Medical Care -- C. Responsibility for Negligence -- D. Clinics, Machines and Employees -- E. Insurance Schemes -- F. Special Situations -- G. Conclusions -- (NL) Netherlands -- A. Bases of the System of Medical Care -- B. Claims and Court Cases -- C. Responsibility for Negligence -- D. Clinics, Machines and Employees -- E. Insurance Schemes -- (N) Norway -- A. Basis of the System of Medical Care -- B. Claims and Court Cases -- C. Liability for Negligence -- (P) Portugal -- A. General Aspects -- B. Civil Responsibility -- C. Criminal Responsibility -- (Sc) Scotland -- A. The Bases of Medical Care -- B. Claims and Court Cases -- C. Responsibility for Negligence -- D. Clinics, Personnel, Equipment -- (SU) Soviet Union -- A. Health Care and Social Insurance -- B. Medical Actions with Detrimental Outcome -- C. General View on the Types of Violation of Duty by Medical Personnel and Medical Institutions -- D. Basic Criminal Acts Committed by Medical Personnel -- E. Civil Responsibility of Medical Institutions: Legal Nature of Responsibility -- F. Material Prerequisites of Civil Responsibility -- G. Procedural Prerequisites of Civil Responsibility -- (E) Spain -- A. Deontological and Legal Bases of Medical Care in Spain -- B. Judicial and Administrative Competence with Respect to Complaints About Medical Care -- C. The Physician’s Culpable Responsibility -- D. The Physician’s Civil Responsibility Arising from Civil Fault -- E. Assigning Medical Responsibility -- F. Social Insurance and Medical Responsibility -- G. Private Medical Care Insurance in Spain -- H. Organ Transplantation -- I. Intensive Care; Death -- J. Drugs Manufacture and Control -- References -- (S) Sweden -- A. Introduction -- B. Organisation of Medical Care in Sweden -- C. The Patient’s Rights -- D. Criminal Responsibility -- E. Administration Jurisdiction -- F. Tort Liability -- G. The Patient Insurance Scheme -- H. Conclusions -- (CH) Switzerland -- A. Grundlagen der ärztlichen Versorgung -- B. Klagen und Verfahrensgang -- C. Haftung für Fahrlässigkeit -- D. Kliniken, medizinisches Gerät, Hilfspersonal -- E. Versicherungssysteme -- Literatur -- (YU) Yugoslavia -- A. Medical Law and Health Care -- B. Responsibility of Medical Personnel and Institutions for Negligence -- Index des sujets.
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  • 85
    ISBN: 9789401769747
    Language: English
    Pages: Online-Ressource (XIV, 244 p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; School management and organization. ; School administration.
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