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Book
Solidarity: A Structural Principle of International Law
Authors: --- ---
ISBN: 9783642111761 9783642111778 9783642111815 9783642262470 Year: 2010 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

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Abstract

This volume presents a high-level scholarly discussion on whether the concept of solidarity functions as a structural principle of international law and to what extent it has become a full-fledged legal principle. Each contributor addresses these questions by examining normative operations of the principle of solidarity in different branches of international law - including international disaster law, international humanitarian law, the law of development cooperation and international environmental law - as well as the relationship between the principle of solidarity and other legal principles such as the responsibility to protect and intergenerational equity.


Book
Pictorial Law : Modern Law and the Power of Pictures
Authors: ---
ISBN: 9783642118890 Year: 2011 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

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We live in a digital Media Society, in which pictures are becoming more and more important. So, human communication is increasingly becoming a visual communication. That is not a new finding. But the new question is: What does this development mean for the law? Up to now the law is the part of the society which is most sceptical towards images. Law has still resisted the visual temptation. This will not last for ever. The rush of pictures in everyday life and in every part of the society is much too strong - and it is even getting stronger. The invasion of images will change the character of modern law deeply. Modern law will become a Pictorial Law.What are the chances and the risks of Pictorial Law and visual law communication? This is the topic of the book.

Keywords

Law --- mediarecht


Book
Ambush Marketing & the Mega-Event Monopoly : How Laws are Abused to Protect Commercial Rights to Major Sporting Events
Authors: ---
ISBN: 9789067048644 Year: 2012 Publisher: The Hague The Netherlands T M C Asser Press Imprint TMC Asser Press

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This is the first book to focus critically on the legitimacy of legal responses to ambush marketing. It comprehensively examines recent sports mega-events and the special laws which combat ambushing. The approach of the book is novel. It does not blindly accept often-touted truisms regarding the illegitimacy of ambushing. The author argues that the debate concerning the ethics and legality of ambushing should be revisited, and that lawmakers have simply gone too far. This book will likely raise eyebrows in sports business circles, and not all readers will be comfortable with the implications of the author's findings. It makes for an engaging read for anyone interested in sports law and the business of sport, including lawyers, academics, students, sports administrators and sponsorship and marketing practitioners, but especially lawmakers in sports mega-event host nations.   Dr. Andre M. Louw is a Senior Lecturer at the Faculty of Law, University of KwaZulu-Natal, South Africa.   This book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.  

Keywords

Commercial law --- Law --- handelsrecht --- recht


Book
The European Union and Member State Territories: A New Legal Framework Under the EU Treaties
Authors: ---
ISBN: 9789067048262 Year: 2012 Publisher: The Hague The Netherlands T M C Asser Press

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The book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into force of the Lisbon Treaty, the over-arching Treaty provision for this relationship was Article 299 of the EC Treaty. Having traced the development of Article 299 from 1957 to the present Lisbon framework, the book identifies many inconsistencies and issues with this current framework and proposes a new model framework, one that is more concise and up-to-date and which is adaptable to possible future developments. A useful book for EU Law departments and research centres, EU think tanks, EU institutions libraries, Permanent Representatives to the EU and law firms specializing in EU law.


Book
Information Sharing and Data Protection in the Area of Freedom, Security and Justice : Towards Harmonised Data Protection Principles for Information Exchange at EU-level
Authors: ---
ISBN: 9783642223921 Year: 2012 Publisher: Berlin Heidelberg Springer Berlin Heidelberg Imprint Springer

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Privacy and data protection in police work and law enforcement cooperation has always been a challenging issue. Current developments in EU internal security policy, such as increased information sharing (which includes the exchange of personal data between European law enforcement agencies and judicial actors in the area of freedom, security and justice (Europol, Eurojust, Frontex and OLAF)) and the access of EU agencies, in particular Europol and Eurojust, to data stored in European information systems such as the SIS (II), VIS, CIS or Eurodac raise interesting questions regarding the balance between the rights of individuals and security interests. This book deals with the complexity of the relations between these actors and offers for the first time a comprehensive overview of the structures for information exchange in the area of freedom, security and justice and their compliance with data protection rules in this field.


Book
Selling Tourism Services at a Distance : An Analysis of the EU Consumer Acquis
Authors: ---
ISBN: 9783642278877 Year: 2012 Publisher: Berlin Heidelberg Springer Berlin Heidelberg Imprint Springer

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New rules on distance selling provided for the Consumer Rights Directive will apply for contracts concluded after 13 June 2014 but not to package holidays or contracts falling within the scope of the Timeshare Directive. 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 either. 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 are important to tourism. This book helps readers to navigate through uncertainties in travel contracts regarding information requirements, the right of withdrawal, and providing alternative services. Findings reveal that consumer acquis is not 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.


Book
Digital Media & Intellectual Property : Management of Rights and Consumer Protection in a Comparative Analysis
Authors: ---
ISBN: 9783540365433 Year: 2006 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

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This book focuses on intellectual property issues and rights in digital - dia, their connection with consumer protection, and the limits on freedom of contracts imposed by technological power. In particular, it analyzes, from a EU and U.S. comparative perspective, the complex issues concerning legal protection, technological measures and new business models associated with the use, distribution, and control of digital media. The book is based on a research project the author started in 2001 as V- iting Scholar at the University of California at Berkeley, Boalt Hall School of Law, later developed as Visiting Scholar at the University of Texas at Austin, School of Law and concluded as Research Associate at the Dip- timento di Scienze Giuridiche - Sezione di Rovigo of the University of Ferrara and as non residential Fellow of the Center for Internet and So- ety, Stanford Law School. Research support for this book has been provided by Fondazione Cassa di Risparmio di Padova e Rovigo, Rotary Foundation Ambassadorial Scholarship and University of Ferrara. I am particularly indebted to Robert Cooter, Mark Lemley and Pamela Samuelson for providing the occasion that inspired this work while I was at the University of California at Berkeley. I wish to thank all my colleagues and friends from the University of Ferrara, who offered me support, advice and encouragement when I most needed it.


Book
UN Law on International Sales : The UN Convention on the International Sale of Goods
Authors: --- ---
ISBN: 9783540499923 Year: 2009 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

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This book is dedicated to Professor Schlechtriem and his tremendous life time work on the United Nations Convention on the International Sale of Goods (CISG) and all past, present, and future participants of the Willem C Vis Moot for whom hopefully the book will be of some use. To have been asked to adopt Professor Peter Schlechtriem's German text book Internationales UN-Kaufrecht (4 ed, Mohr Siebeck, Tübingen, 2007) for the English speaking student, academic, and practitioner and to work with Professor Schlechtriem on this edition has been a great honour. Unfortunately this book has been longer in the making than originally planned and more unfortunately still was not finished in time for Professor Schlechtriem to see its publishing. The aims of this book are more modest than other compendious treatments of the CISG. The main aim above all others has been to facilitate discussion on the use and application of the provisions of the CISG. As the CISG itself was the outcome of nearly a decade of debate between nations polarised in ideology, the importance of continuing discussion cannot be understated. This is especially true in regard to common law countries like Canada, Australia, and New Zealand which have all ratified the CISG many years ago but where its use and jurisprudence are rather underdeveloped.


Book
Property Rights in Investment Securities and the Doctrine of Specificity
Authors: ---
ISBN: 9783540859048 Year: 2009 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

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This book is, with some adjustments and additions, largely based on my PhD thesis on Property Rights in Investment Securities and the Doctrine of Speci?city, which I defended in London on 15 June 2007 with Professor Lars Gorton and Dr. Kern Alexander as examiners. The subject matter is the doctrine of speci?city and its non-conformity with the developments in the ?nancial markets. As this book shows, the requirement for speci?city in book-entry securities is closely linked to loss allocation. If we decided that the rights that the investor has against its intermediary shall be property rights (as opposed to claims), then, loss allocation is crucial. Should the intermediary become insolvent and there be ins- ?cient securities, the shortfall has to be distributed. Through segregation on des- nated accounts the level of protection for the investor can be increased. It can also be increased by a requirement that the intermediary should hold a suf?cient number of securities corresponding to its customers' securities. During the course of this work I have received valuable assistance from s- eral persons, for which I am very grateful. First of all, I am indebted to Tekn. dr. Marcus Wallenbergs Stiftelse for ¨ utbildning i internationellt industriellt for ¨ etagande and For ¨ etagsjuridik Nord & Co for the ?nancial support they have provided.


Book
International Investment Law and EU Law
Authors: --- ---
ISBN: 9783642148545 9783642148552 3642148549 9786613085504 3642148557 128308550X Year: 2011 Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer,

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The European Yearbook of International Economic Law (EYIEL) is an annual publication in International Economic Law, a field increasingly emancipating itself from Public International Law scholarship and evolving into a fully-fledged academic discipline in its own right. With the yearbook, the editors and publisher intend to make a significant contribution to the development of this "new" discipline and provide an international reference source of the highest possible quality. The EYIEL covers all areas of IEL, in particular WTO Law, External Trade Law of major trading countries, important regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific current topics in International Economic Law. 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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