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2021 (6)

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Book
Consumer Law and Economics
Authors: ---
ISBN: 3030490289 3030490270 Year: 2021 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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Abstract

This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.


Book
The evolving nature of EU external relations law
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ISBN: 9462654239 9462654220 Year: 2021 Publisher: Berlin, Germany : Asser Press : Springer,

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This book originates from the proceedings of the 10th anniversary conference of the Centre for the Law of EU External Relations (CLEER) in which renowned experts in the field took stock of recent evolutions in the law and practice of the EU’s external relations. In particular, the book addresses the question of how the evolving legal and political framework affects the nature of EU external relations law. The contributions discuss the actions (and reactions) of the EU through external action instruments in a number of substantive areas such as migration, trade, neighbouring policies, security and defence. By shedding light on the most significant developments of the past decade this edited volume attests to the ever-evolving nature of the field of EU External Relations Law. Thus, this book is essential reading for academics, practitioners and policy makers at the EU level interested in the field of EU External Relations Law. Dr. W.Th. Douma is an Independent legal expert at the European Environmental Law Consultancy and EU Legal – Centre for European and International Law, both based in The Netherlands, voluntary researcher at Ghent University in Belgium, and Senior Legal Adviser at the Dutch Ministry of Social Affairs and Employment. Prof. Dr. C. Eckes is Professor of European Law at the University of Amsterdam and director of the Amsterdam Centre for European Law and Governance, The Netherlands. Prof. Dr. P. Van Elsuwege is Professor of European Union Law at Ghent University and co-director of the Ghent European Law Institute, Belgium. Dr. E. Kassoti is Senior researcher in EU and International Law at the Asser Institute and academic co-ordinator of the Centre for the Law of EU External Relations (CLEER), The Netherlands. Prof. Dr. A. Ott is Professor of EU External Relations Law and Jean Monnet professor in EU Law at Maastricht University, The Netherlands. Prof. Dr. R.A. Wessel is Professor of European Law and Head of the European and Economic Law Department at the University of Groningen, The Netherlands.


Book
Combatting illicit trade on the EU border : a comparative perspective
Author:
ISBN: 9783030510190 9783030510206 9783030510213 9783030510183 3030510190 3030510182 Year: 2021 Publisher: Springer Nature

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Abstract

This open access 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). The book addresses the national legal frameworks, current criminological situation regarding illicit trade of tobacco, and the practical challenges faced by national law enforcement authorities in the countries examined. It also considers the international framework, and concludes with a horizontal report. The objective of the book is to highlight legislative and practical challenges in the fight against illegal tobacco products at the national and transnational level, and to formulate recommendations for overcoming them more effectively in Europe.


Book
State-to-state arbitration based on international investment agreements : scope, utility and potential
Author:
ISBN: 3030500357 3030500349 Year: 2021 Publisher: Cham, Switzerland : Springer,

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This book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IIAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration. The book’s main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award.

Keywords

Mediation. --- Dispute resolution (Law). --- Conflict management. --- International law. --- Trade. --- Commercial law --- International economics. --- Dispute Resolution, Mediation, Arbitration. --- International Economic Law, Trade Law. --- European Economic Law. --- International Economics. --- European Economic Community countries. --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Economic policy, Foreign --- Economic relations, Foreign --- Economics, International --- Foreign economic policy --- Foreign economic relations --- Interdependence of nations --- International economic policy --- International economics --- New international economic order --- Economic policy --- International relations --- Economic sanctions --- Law of nations --- Nations, Law of --- Public international law --- Law --- Conflict control --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- Law and legislation --- International commercial arbitration. --- Investments --- Law and legislation. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Investment law


Book
Italienisches, europäisches und internationales Immaterialgüterrecht
Authors: --- ---
ISBN: 3662621797 3662621789 Year: 2021 Publisher: Springer Nature

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Abstract

Dieser Open Access Band bietet sowohl deutsch- als auch italienischsprachige Beiträge zu wesentlichen Bereichen des gewerblichen Rechtsschutzes und des Urheberrechts aus der Sicht des deutschen, italienischen und österreichischen Rechts sowie zum TRIPS-Abkommen samt einem Blick auf das vorläufig in Kraft getretene Handelsabkommen zwischen Kanada und der Europäischen Union (CETA). Ein Schwerpunkt ist Schadenersatzansprüchen aus der Verletzung von Immaterialgüterrechten gewidmet, wobei die bei grenzüberschreitenden Sachverhalten auftretenden Fragen der internationalen Gerichtszuständigkeit und des Kollisionsrechts speziell behandelt werden. Darüber hinaus werden Bezüge zum italienischen Verfassungsrecht sowie zum europäischen Wettbewerbsrecht hergestellt und auch wirtschaftsstrafrechtliche Aspekte angesprochen. Schließlich wird ein Ausblick auf die zukünftige Entwicklung des internationalen Immaterialgüterrechts in der Europäischen Union gegeben. Ausgangspunkt für das Buch bildete der vom Internationalen Forum für Wirtschaftsrecht getragene 1. Bozner Wirtschaftsrechtstag, bei dem besonderes Augenmerk auf die Berührung des deutschsprachigen Rechts- und Wirtschaftsraumes mit dem italienischen gelegt wird.

Keywords

Mass media. --- Law. --- Private international law. --- Conflict of laws. --- International law. --- Trade. --- Commercial law --- IT Law, Media Law, Intellectual Property. --- Private International Law, International & Foreign Law, Comparative Law . --- International Economic Law, Trade Law. --- European Economic Law. --- European Economic Community countries. --- Law of nations --- Nations, Law of --- Public international law --- Law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Mass communication --- Media, Mass --- Media, The --- Communication --- Civil law --- IT Law, Media Law, Intellectual Property --- Private International Law, International & Foreign Law, Comparative Law --- International Economic Law, Trade Law --- European Economic Law --- Private International Law, International and Foreign Law, Comparative Law --- Gewerblicher Rechtsschutz --- Urheberrecht --- Rechtsvergleichung --- Schadensersatz wegen Verletzung von Immaterialgüterrechten --- Internationales Privat- und Prozessrecht --- Italienisches Verfassungsrecht --- Gerichtszuständigkeit --- CETA --- Internationales Immaterialgüterrecht --- Handelsabkommen --- TRIPS --- Wettbewerbsrecht --- Open Access --- Entertainment & media law --- International law --- Comparative law --- Public international law: economic & trade


Book
Insurance Distribution Directive : A Legal Analysis
Authors: --- ---
ISBN: 3030527387 3030527379 Year: 2021 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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This open access volume 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). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD – e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences – while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.

Keywords

Private international law. --- Conflict of laws. --- Commercial law --- Bank marketing. --- International law. --- Trade. --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Contracts. --- Private International Law, International & Foreign Law, Comparative Law . --- European Economic Law. --- Financial Services. --- International Economic Law, Trade Law. --- Dispute Resolution, Mediation, Arbitration. --- Common Contract Law. --- European Economic Community countries. --- Agreements --- Contract law --- Contracts --- Contractual limitations --- Limitations, Contractual --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Law of nations --- Nations, Law of --- Public international law --- Law --- Banks and banking --- Marketing of bank services --- Marketing of banking services --- Marketing --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Law and legislation --- Civil law --- Private International Law, International & Foreign Law, Comparative Law --- European Economic Law --- Financial Services --- International Economic Law, Trade Law --- Dispute Resolution, Mediation, Arbitration --- Common Contract Law --- Private International Law, International and Foreign Law, Comparative Law --- Insurance Distribution Directive --- Insurance law --- Life Insurance --- Product oversight and governance --- Customer protection --- Insurance intermediaries --- Insurance distributors --- IDD --- insurance undertakings --- EU regulatory framework --- IBIP --- MiFID II --- General Data Protection Regulation (GDPR) --- Alternative Dispute Resolution (ADR) --- Insurance Product Information Documents --- micro-insurance regulation of South Africa --- Product oversight and governance (POG) --- EU-Versicherungsvertriebsrichtlinie --- open access --- International law --- Comparative law --- Public international law: economic & trade --- Banking --- Arbitration, mediation & alternative dispute resolution --- Comparative law. --- Commercial law. --- European Economic Community. --- Financial services industry. --- Trade regulation. --- Arbitration (Administrative law). --- Common law. --- Private International Law, International and Foreign Law, Comparative Law. --- Anglo-American law --- Law, Anglo-American --- Customary law --- Administrative arbitration --- Arbitration, Administrative --- Administrative law --- Regulation of trade --- Regulatory reform --- Trade regulation --- Consumer protection --- Deregulation --- Services, Financial --- Service industries --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Law merchant --- Maritime law --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative

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