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  • 2010-2014  (43)
  • 1995-1999
  • Berlin, Heidelberg : Springer Berlin Heidelberg  (43)
  • Law  (43)
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  • 1
    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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  • 2
    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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  • 3
    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
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    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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  • 4
    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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  • 5
    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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  • 6
    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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  • 7
    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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  • 8
    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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  • 9
    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
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    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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  • 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
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    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: 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.
    Note: Description based upon print version of record
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  • 12
    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
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    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.
    Note: Description based upon print version of record
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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: 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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  • 15
    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.
    Note: Description based upon print version of record
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  • 16
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783662446225 , 9783662446218
    Language: English
    Pages: 1 online resource (85 pages)
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als Blasek, Katrin Rule of Law in China : A Comparative Approach
    DDC: 340
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    Keywords: Rule of law -- China ; Rechtsvergleich ; Gesetzgebung ; Rechtsstaat ; Kulturvergleich ; Deutschland ; China ; Frankreich ; Großbritannien ; China ; Gesetzgebung ; Kulturvergleich ; China ; Deutschland ; Frankreich ; Großbritannien ; Rechtsstaat ; Rechtsvergleich
    Abstract: This book analyzes in detail differing interpretations of the rule of law in Western legal systems and in the People's Republic of China. As the rule of law is seen by many as a prerequisite for China's future development, politicians, activists and entrepreneurs from China and from the West alike have long been calling for adherence to this principle, which is constitutive of Western democracies. All these groups use the same words, but do they truly share the same idea? In order to address this question, the book compares the "Rule of Law with Chinese characteristics," as propagated by Chinese leaders and in official Chinese publications, to different applications of the rule of law as it is understood in Western civilization. In particular, the author takes a closer look at the implementations of recognized core elements of the rule of law in representative Western countries, which include the separation of power, the supremacy of law, the protection of fundamental rights, and the independence of the justice system
    Note: Description based on publisher supplied metadata and other sources
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  • 17
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg | Ann Arbor, Michigan : ProQuest
    ISBN: 9783642184796
    Language: German
    Pages: 1 Online-Ressource (175 pages)
    Series Statement: MPI Studies on Intellectual Property and Competition Law v.17
    DDC: 301
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    Keywords: Immaterialgüterrecht ; Innovationsförderung ; Aufsatzsammlung
    Note: Description based on publisher supplied metadata and other sources
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  • 18
    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.
    Note: Description based upon print version of record
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  • 19
    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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    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
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  • 20
    ISBN: 9783642324161
    Language: English
    Pages: Online-Ressource (XXIX, 344 p. 3 illus, digital)
    Series Statement: Global Power Shift, Comparative Analysis and Perspectives
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Global power Europe ; 2: Policies, actions and influence of the EU's external relations
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    Keywords: Social sciences ; Europe Economic policy ; Social Sciences ; Social sciences ; Europe Economic policy
    Abstract: This two-volume project provides a multi-sectoral perspective over the EU's external projections from traditional as well as critical theoretical and institutional perspectives, and is supported by numerous case studies covering the whole extent of the EU's external relations. The aim is to strive to present new approaches as well as detailed background studies in analyzing the EU as a global actor. Volume 1: The first volume "Theoretical and Institutional Approaches to the EU's External Relations" addresses the EU's overall external post-Lisbon Treaty presence both globally and regionally (e
    Description / Table of Contents: Global Power Europe - Vol. 2; Policies, Actions and Influence of the EU's External Relations; Foreword: The EU is Not Over; The Challenge of Coherence Involving EU Institutions and Member States; The Challenge of Adding Hard Power Capacities to Make the ``Civilian´´ EU into a True Global Power; Differentiated Integration; Preface; References; Contents; Abbreviations; CVs of Authors; Strong, Independent, and Effective: The European Union´s Promotion of the International Criminal Court; 1 Introduction; 2 Why Support the ICC?
    Description / Table of Contents: 3 The Dynamics of the Establishment of the International Criminal Court4 The Struggle on the ICC: US v. EU; 5 The EU´s Support for the ICC; 5.1 The Ratification Campaign; 5.2 The EU and the ICC in the International Arena; 6 Conclusions; References; Council of the European Union (CEU); European Parliament (EP); UN Documents; The Fight Against Terrorism: A Key Global Objective for the EU?; 1 Introduction; 2 A Short History of the EU´s Global Counter-Terrorism Policy; 3 EU External Counter-Terrorism from a Cross-Cutting Perspective
    Description / Table of Contents: 3.1 Engagement in External Conflicts That Could Contribute to International Terrorist Activity3.2 EU Support for a Global Counter-Terrorist Regime; 3.3 EU as a Regional Protective Regime Against Terrorism; 4 Towards a More Coherent External EU Counter-Terrorism Policy?; 5 Conclusions; References; The EU´s Role in International Climate Change Policy-Making: A Global Leader in Decline?; 1 Introduction; 2 Analytical Factors; 2.1 Coherence; 2.2 Opportunity Structure; 2.3 Politicisation; 3 The Copenhagen COP15 Negotiations; 3.1 Coherence; 3.1.1 Preference Coherence
    Description / Table of Contents: 3.1.2 Procedural-Tactical Coherence3.1.3 Output Coherence; 3.2 Opportunity Structure; 3.3 Politicisation; 4 The Cancún COP16 Negotiations; 4.1 Coherence; 4.1.1 Preference Coherence; 4.1.2 Procedural-Tactical Coherence; 4.1.3 Output Coherence; 4.2 Opportunity Structure; 4.3 Politicisation; 5 Conclusion; References; Interviews; European Neighbourhood Policy and The EU´s Role as a Normative Power: The Case of Ukraine; 1 Introduction; 1.1 The EU as a Normative Power; 2 Theoretical Framework; 3 Historical Background of the ENP; 4 Problems with the ENP; 5 The Case of Ukraine
    Description / Table of Contents: 2.1.3 Transatlantic Relations
    Description / Table of Contents: 5.1 Historical Background to the EU-Ukraine Relations6 Analysis and Improvement?; 6.1 The Eastern Partnership Initiative as a Way of Improvement?; 7 Conclusion; References; Official Documents; European Commission; News Agencies; The European Union and the Question of Palestine´s Status in the United Nations; 1 Introduction; 1.1 The Question of Palestine´s Status at the UN; 2 Theoretical Background of the Analysis: A Definition of ``International Actorness´´; 2.1 Context and Capabilities; 2.1.1 Institutional Elements and EU Multilateralism; 2.1.2 A Global Strategy for a European Foreign Policy
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  • 21
    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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  • 22
    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
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    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
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  • 23
    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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    RVK:
    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.
    Note: Description based upon print version of record
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  • 24
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg | Berlin, Heidelberg : Springer
    ISBN: 9783642342554
    Language: English
    Pages: 1 Online-Ressource (XVI, 244 p)
    Series Statement: Special Issue
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    DDC: 343.07
    RVK:
    RVK:
    RVK:
    Keywords: World Trade Organization ; Europäische Union ; International Economic Law, Trade Law ; European Law ; Dispute Resolution, Mediation, Arbitration ; Mediation ; Dispute resolution (Law) ; Conflict management ; Handelsrecht ; Aufsatzsammlung ; Aufsatzsammlung ; Europäische Union ; World Trade Organization ; Handelsrecht
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 25
    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
    RVK:
    RVK:
    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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  • 26
    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
    RVK:
    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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  • 27
    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
    RVK:
    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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  • 28
    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"
    RVK:
    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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  • 29
    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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  • 30
    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
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  • 31
    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
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  • 32
    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?
    Note: Description based upon print version of record
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  • 33
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg
    ISBN: 9783642278877
    Language: English
    Pages: Online-Ressource (XVI, 193 p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Bech Serrat, Josep Maria Selling tourism services at a distance
    DDC: 343.4
    RVK:
    Keywords: Civil law ; Commercial law ; Law ; Law ; Civil law ; Commercial law ; Europäische Union ; Reisevertrag ; Verbraucherschutz ; Fernabsatzrecht ; Europäische Union ; Reisevertrag ; Verbraucherschutz ; Fernabsatzrecht
    Abstract: New rules on distance contracts provided for the Consumer Rights Directive of 25 October 2011 do not apply to package holidays or contracts falling within the scope of the Timeshare Directive. Moreover, contracts for passenger transport services and contracts for the provision of accommodation, car rental, catering or leisure services if the contract provides for a specific date or period of performance are not covered by some of these rules. Yet measures aimed at protecting the consumer when a contract is concluded via the phone, the Internet, by mail or other means of distance communication play a role in tourism. This book helps readers to navigate through uncertainties in travel contracts regarding information requirements, the right of withdrawal or providing alternative services. Findings reveal that consumer acquis is inadequately adapted to the features of the tourism industry when an optional instrument based on the Draft Common Frame of Reference might be used in the future.
    Description / Table of Contents: Selling Tourism Services at a Distance; An Analysis of the EU Consumer Acquis; Preface; Acknowledgements; Contents; Abbreviations; Chapter 1: Introduction; 1.1 Setting the Scene; 1.1.1 The Existing EU Legislation and Harmonisation of the Consumer Acquis; 1.1.1.1 The Highly Fragmented Character of the Consumer Acquis: A Need to Turn to Contract Law; 1.1.1.2 The New Harmonisation Resulting from the Consumer Rights Directive: Without Closing the Gap with Package Travel and Timeshare; 1.1.2 Beyond Stricter Rules in National Law. A European Law Approach
    Description / Table of Contents: 1.1.3 Towards an Optional European Contract Law1.1.3.1 The Future Role of the DCFR in Selling Tourism Services at a Distance; 1.1.3.2 Some Favourable Factors Explaining Why an Optional Contract Law Could Play a Relevant Role When Selling Tourism Servicesat a Distance; 1.1.3.3 Party Autonomy and the Future Role of the DCFR; 1.2 Rules Under Consideration: The Whole Scenario; 1.2.1 A Separation Between Distance Selling and Tourism; 1.2.1.1 Distance Selling and Tourism: A Field Reserved for a Separate `Vertical Action´
    Description / Table of Contents: 1.2.1.2 Separation Between Distance Selling in EU Law and Tourism: A Need for Revision1.2.2 Distance Selling and E-Commerce: An Easier Accumulation of Legislation; 1.3 Outline of the Project; References; Chapter 2: Information Requirements; 2.1 Pre-Contractual Information; 2.1.1 The Extent of the Information; 2.1.1.1 Distance Selling and Tourism: How to Avoid Being Overloaded with Information?; 2.1.1.2 Prevailing E-commerce Rules: More Information to be Provided; 2.1.2 The Form. From Brochures to More Flexible Requirements; 2.1.3 The Time for Providing the Information
    Description / Table of Contents: 2.2 An Informed Consumer During the Contract Performance2.2.1 Confirmation of the Contract Concluded; 2.2.2 Other Information Requirements After Concluding the Contract; 2.3 Remedies for Non-Fulfilment of Information Duties; 2.3.1 Contract Law Remedies; 2.3.2 Non-Fulfilment of Information Duties and the Withdrawal Right; 2.4 Conclusion; References; Chapter 3: Right of Withdrawal; 3.1 Introduction; 3.1.1 Justifying a Right of Withdrawal; 3.1.2 A Debate on Withdrawal: A National or a Contractual Right; 3.1.3 Regulating Withdrawal Rights in EU. A Trend Towards Mandatory Norms
    Description / Table of Contents: 3.2 A Particular Right of Withdrawal for Distance Selling Versus Cancellation Clauses in Tourism: A Difficult Coexistence3.2.1 The Withdrawal Period; 3.2.1.1 The Duration of the Cooling-Off Period and the Performance of Tourism Services; 3.2.1.2 Omission of the Information on Withdrawal and Prolongation of the Cooling-Off Period; 3.2.2 Exercise of the Right of Withdrawal: Formal Requirements; 3.2.3 Consequences of Withdrawal: Quite Different Schemes; 3.2.3.1 Distance Selling; 3.2.3.2 Tourism Services; 3.3 Conclusion; References; Chapter 4: Performance Rules; 4.1 Introduction
    Description / Table of Contents: 4.2 The Obligation to Inform the Consumer When the Service Is Not Realised
    Note: Description based upon print version of record
    URL: Cover
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  • 34
    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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  • 35
    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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  • 36
    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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  • 37
    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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  • 38
    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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  • 39
    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:
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    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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  • 40
    ISBN: 9783642242038
    Language: English
    Pages: Online-Ressource , digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, Veröffentlichungen des Max-Planck-Instituts für ausländisches öffentliches Recht und Völkerrecht 235
    DDC: 624
    RVK:
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    Keywords: Law ; Climatic changes ; Environmental law ; Konferenzschrift 2011
    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 , Electronic reproduction; Available via World Wide Web
    URL: Volltext  (lizenzpflichtig)
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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  • 41
    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
    DDC: 347.73
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    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
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    URL: Volltext  (lizenzpflichtig)
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  • 42
    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
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    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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  • 43
    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
    URL: Volltext  (lizenzpflichtig)
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