Listing 1 - 10 of 151 << page
of 16
>>
Sort by

Book
Methodology of Uniform Contract Law : The UNIDROIT Principles in International Legal Doctrine and Practice
Authors: ---
ISBN: 9783540444626 Year: 2007 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

Loading...
Export citation

Choose an application

Bookmark

Abstract

Despite ever growing international trade and dispute settlement, a consistent international methodology of uniform private law has yet to be formed. The potential of uniform law has not yet been fully recognised. In this book, the author examines uniform contract law comprehensively in all relevant areas of legal doctrine and practice and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. She suggests ways in which these barriers can be overcome and develops an autonomous methodology of interpretation of transnational contract principles. The author wants to encourage the use of existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts, which are analysed here as an example.


Book
Mistake of Law : Excusing Perpetrators of International Crimes
Authors: ---
ISBN: 9789067048675 Year: 2012 Publisher: The Hague The Netherlands T M C Asser Press Imprint TMC Asser Press

Loading...
Export citation

Choose an application

Bookmark

Abstract

With a Foreword by Thomas Weigend, Professor of Criminal Law and Director of the Institute for Foreign and International Criminal Law, University of Cologne, Germany When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle of ˜no punishment without guilt'. This book investigates what would be the circumstances under which the defence of mistake of law should exculpate the perpetrator of an international crime and whether those circumstances are covered by the current international codification of mistake of law. It demonstrates that the issue of mistake of law goes to the heart of individual criminal responsibility and therewith contributes to the development of a systematic approach toward the structure of international offences. Written in an accessible style, this academic research is of great value and interest to academics and practitioners in the field of International Criminal Law.   Annemieke van Verseveld is presently working as an Assistant Professor of International Criminal Law at the University of Amsterdam, the Netherlands.  

Keywords

Law --- recht --- internationaal recht


Book
Tradition and Change in Administrative Law : An Anglo-German Comparison
Authors: ---
ISBN: 9783540486893 Year: 2007 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

Loading...
Export citation

Choose an application

Bookmark

Abstract

Administrative legal systems are based on national constitutional legal traditions and cultural values. English judges have for centuries applied the common law. In Germany, judges have developed administrative legal principles for the protection of the individual against state action. However, over the last few decades' Administrative legal systems have become less isolated. This is the result of fundamental developments in the European legal landscape and of the increasing complexity of Administrative legal problems. In the UK, the constitutional basis for judicial review, principles of judicial control and governmental liability as well as the organisation of the courts are changing. Both, the English and the German Administrative legal systems are increasingly faced with the question of how to balance the dynamics of change with the preserving forces of tradition. Here, the open attitude of judges and lawmakers in considering solutions offered elsewhere is a remarkable development in a field of law which has long been perceived as too nationally specific. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field of law.


Book
Procedures in International Law
Authors: ---
ISBN: 9783540744993 Year: 2008 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

Loading...
Export citation

Choose an application

Bookmark

Abstract

Containing a synopsis of national bases of jurisdication (one of the first of its kind) international law is presented here through litigation. Legal procedures determine what the law is. The great variety of procedures which determine international law including diplomatic means are comprehensively examined. This perspective is original and helps to explain foreign policy expediences and conflicting prescriptive rules. Written as an academic study the book is also meant to benefit those practising in the field.


Book
Sovereignty and Interpretation of International Norms
Authors: ---
ISBN: 9783540682073 Year: 2007 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

Loading...
Export citation

Choose an application

Bookmark

Abstract

In an International Community characterized by the weight of state sovereignty the interpretation of international norms (by states, International Organizations and judicial and arbitral bodies) is one of the key points of this legal order. State sovereignty conditions the creation and application of International Law as well as the settlement of disputes. That's why the intervention of judicial and arbitral bodies acquire a great importance. This work contents a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction ant its exercise. So, conventional instruments and instruments of a statutory nature, customary norms, institutional norms of the United Nations, unilateral declarations, as well as procedural instruments, facts alleged and the exercise of the jurisdiction attributed to the International Court of Justice - in the way they have been interpreted by the Court - constitute the object of a work surely useful for persons involved in international practice, studies or teaching.


Book
International Company Taxation in the Era of Information and Communication Technologies : Issues and Options for Reform
Authors: ---
ISBN: 9783835091382 Year: 2006 Publisher: Wiesbaden DUV

Loading...
Export citation

Choose an application

Bookmark

Abstract

As a result of the progress in information and communication technologies (ICT) economic activities have become less dependent on time and place. This is leading to manifold changes in economic structures. Consequently, the question is whether and to what extent the existing rules of international company taxation are still applicable in an appropriate way. Anne Schäfer analyses the current issues of international company taxation with regard to the economic changes induced by the use of ICT and provides reform approaches for international company taxation which cover the whole system of international taxation. She presents proposals for the reform of the definition of a company's residence, the definition of the permanent establishment, the possibilities of profit allocation and the methods to avoid international double taxation. In addition, the interrelations between these issues are taken into account. Amongst others, the author argues for an extension of the definition of a permanent establishment for employees working permanently abroad and for an implementation of formula apportionment in the European Union.


Book
International Humanitarian Law Facing New Challenges : Symposium in Honour of KNUT IPSEN
Authors: --- ---
ISBN: 9783540490906 Year: 2007 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

Loading...
Export citation

Choose an application

Bookmark

Abstract

Recent armed conflicts, whether international or non-international in character, are in many respects characterized by a variety of asymmetries. These asymmetries may be overstressed, sometime even abused, and ultimately virtually meaningless. Still, either as such or in conjunction with other developments, they seem to challenge the law of armed conflicts or: international humanitarian law. These challenges may very well compromise the very function of that body of law, which is to mitigate as far as possible the calamities of war. Thus, the law of armed conflict may be deprived of its fundamental function as an order of necessity because its legally binding directives will increasingly be disregarded for the sake of allegedly superior values. In order to discuss these and other questions a most distinguished group of experts in the field of the law of armed conflicts gathered in Berlin in June 2005. The goal of that colloquium, which marked the 70th birthday of Knut Ipsen, was to find operable solutions for problems and challenges the contemporary law of armed conflict is confronted with. With contributions by Bill Boothby, Michael Bothe, Yoram Dinstein, Knut Dörmann, Charles J. Dunlap Jr., Volker Epping, Dieter Fleck, Steven Haines, Wolff Heintschel von Heinegg, Hans-Joachim Heintze, Rainer Hofmann, Frits Kalshoven, Stefan Oeter, W. Hays Parks, Michael Schmitt, Torsten Stein, and Andreas Zimmermann.


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

Loading...
Export citation

Choose an application

Bookmark

Abstract

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
Legitimacy in International Law
Authors: --- ---
ISBN: 9783540777649 Year: 2008 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

Loading...
Export citation

Choose an application

Bookmark

Abstract

In recent years the question of the legitimacy of international law has been discussed quite intensively. Such questions are, for example, whether international law lacks legitimacy in general; whether international law or a part of it has yielded to the facts of power; whether adherence to international legal commitments should be subordinated to self-defined national interests; whether international law or particular rules of it - such as the prohibition of the use of armed force - have lost their ability to induce compliance (compliance pull); and what is the relevance of non-enforcement or failure to obey for the legitimacy of that particular international norm? This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law.


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

Loading...
Export citation

Choose an application

Bookmark

Abstract

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.

Listing 1 - 10 of 151 << page
of 16
>>
Sort by