الصفحة 1
الصفحة 1
International Documents on Environmental Liability
This book in the field of international environmental liability into an easily accessible, practical handbook; details the work of the International Law Commission on this topic; and provides the latest versions of international liability conventions and their statuses
International Actors and the Formation of Laws
This book addresses the discourse that creates, modifies, and reshapes the law, as well as discourse participants. The book focuses on the actors operating in legal regimes and their subtly, bluntly, or even outright aggressive impact on the formation of laws. As the book examines the intersection of domestic, European, international, and even transnational, legal regimes where new law emerges as a product of this discourse, it contributes to the understanding of the mobility of law and contemporary law’s interactive nature. This book provides enlightening examples of diverse legal fields influenced by international, non-domestic actors. It covers a wide range of relevant topics, from financial sanctions to the rights of indigenous peoples, and addresses actors ranging from the European Union and the European Court of Human Rights to disability organizations. By exploring actors, the book stresses their objectives and driving forces behind their efforts to influence law. The book reveals an array of diverging methods used by international actors to influence law. Additionally, the book resonates with Nordic legal tradition and highlights Nordic commitment to rule of law and equality.
Insurance distribution directive : A legal analysis
This book of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD).
Fundamentals of roman private law
Roman law forms a vital part of the intellectual background of many legal systems currently in force in Continental Europe, Latin America, East Asia and other parts of the world. Knowledge of Roman law, therefore, constitutes an essential component of a sound legal education as well as the education of the student of history. This book begins with a historical introduction, which traces the evolution of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD.
Economic Loss Caused by Genetically Modified Organisms : Liability and Redress for the Adventitious Presence of GMOs in Non-GM Crops
The cultivation of genetically modified (GM) crops in the EU may lead to cases, in which traditional agricultural products contain detectable traces of GMOs. On the one hand, such admixture may result from inadequate application of segregation measures by farmers. On the other hand, as agriculture is an open process that does not allow the complete isolation of individual fields, a certain degree of admixture between neighbouring crops is unavoidable in practice. The presence of GMOs in traditional products may lead to their devaluation, which would entail an economic damage to the producer of
Do Exclusionary Rules Ensure a Fair Trial? : A Comparative Perspective on Evidentiary Rules
This publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Cybercrimes and financial crimes in the global era
Presents the latest and most relevant studies, surveys, and succinct reviews in the field of financial crimes and cybercrime, conducted and gathered by a group of top professionals, scholars, and researchers from China, India, Spain, Italy, Poland, Germany, and Russia. Focusing on the threats posed by and corresponding approaches to controlling financial crime and cybercrime, management.
Covid-19 and Capitalism : Success and Failure of the Legal Methods for Dealing with a Pandemic
The book focuses on the situation in a number of Western regions (notably the USA, the UK, and the EU and its Member States). The author addresses the reasons why in many Western countries both pandemic prevention and response policies to Covid-19 have failed. The book concludes with recommendations concerning the rearrangement of the socio-economic order that could increase the resilience of (Western) societies against such pandemics.
Combatting Illicit Trade on the EU Border : A Comparative Perspective
This book provides the first-ever comparative study on criminal policy concerning the illicit trade of tobacco, conducted among four comparatively new EU Member States (Lithuania, Poland, Slovakia and Romania) and two “old” EU countries (Germany and Italy).
Collective Actions in Europe : A Comparative, Economic and Transsystemic Analysis
This book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system. This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.
Jurisdiction and arbitration agreements in international commercial law
This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention.
Charity Law & Social Policy : National and International Perspectives on the Functions of the Law Relating to Charities
Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations. It does so in four parts and from the perspective of how this has evolved in the UK.As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail.
Autonomy : In the Law
Autonomy in the Law considers one of the most important benefits of the rule of law. Juxtaposing European and American conceptions of autonomy in the law of families, capital punishment and, criminal trials reveals the common values that justify all legal systems. Law protects the autonomy of individuals and associations by defending the boundaries of their own self-rule. This book illuminates the fundamental purpose of law by examining how European and American lawyers, judges and citizens do and should apply legal autonomy to the practical circumstances of litigation, legislation and the law.
Anti-bribery laws in common law jurisdictions
The legal regimes adopted and being implemented by parties to the OECD Convention flow from a common framework. Yet even when the anti-bribery legal regimes are virtually identical, the differences can still be significant in the context of a range of factors that are unique to each legal system.
