In diesem Buch wird der Zusammenhang zwischen Produktivitat und Aufwandswert beschrieben. Basierend auf praxisbezogenen empirischen Erhebungen wird gezeigt, dass sich Abweichungen von Grenzgrossen z. T. erheblich auf die Produktivitat auswirken. Mittels mehrerer Interaktionsdiagramme wird dieser Zusammenhang grafisch veranschaulicht. Die dadurch gewonnenen neuen Ansatze fur die Bestimmung der Produktivitatsgrenzen und -verluste konnen in der Baupraxis fur die Kalkulation, Arbeitsvorbereitung, Bauausfuhrung sowie fur das Claimmanagement herangezogen werden. Damit wird eine fundierte Bewertung von Bauablaufstorungen und Produktivitatsverlusten ermoglicht."

Kaum ein anderes Thema hat in jungster Vergangenheit fur mehr Unruhe in Rechtsprechung und Literatur gesorgt als die Haftung der Kreditwirtschaft im Zusammenhang mit der Finanzierung steuerinduzierter Immobilien- und Fondsanlagen. Das Buch erortert, analysiert und bespricht die sich in diesem Bereich stellenden Rechtsfragen wie z. B. das Hausturwiderrufsrecht, das verbundene Geschaft, die Wirksamkeit von Treuhandervollmachten, die Verletzung von Aufklarungspflichten und vieles mehr. Die Autoren haben sich dabei vorwiegend an der hochst- und obergerichtlichen Rechtsprechung orientiert. Das insbesondere fur Praktiker geeignete Buch enthalt zudem eine umfangreiche, nach Instanzen und ortlicher Zustandigkeit gegliederte Rechtsprechungsubersicht, welche es dem Leser ermoglicht, Einblick in die Judikatur "seiner" Gerichtsbarkeit zu nehmen."

The present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro pean Convention.

THE INTERNATIONAL PATENT-LEGISLATION AND DEVELOPING COUNTRIES A major concern today in many fields of international cooperation is the development of the nonindustrialized part of the world. This was not always so. Until fairly recently contacts among States were basi cally limited to diplomatic intercourse. The concept of State sovereign ty naturally led to the application of the principle of legal reciprocity between States. In the few areas outside diplomatic relations where international cooperation developed during the last century the same principle of legal reciprocity was applied. The cooperation that did take place was mostly among a limited number of Western States. In case countries outside this group wished to participate they were free to do so on accepting the traditional standards for such cooperation. Though a few countries, which today would have been or are known as develop ing countries, did join in various schemes of international cooperation, the majority of them remained outside. Moreover, a large number of States, which today are known as developing, did not exist as sovereign States at the time. One of the areas in which a system of international cooperation was set up in the latter part of the nineteenth century was that of patent protection."

Internet Marketplaces explains and analyses the legal questions and challenges posed by the increased use of online auctions and exchanges for business transactions. Rather than focusing on internet businesses as a whole, the author studies the rules related to closed internet marketplaces where commercial dealings are carried out. The book provides a detailed analysis of the new business models that are being employed, their legal structures, and the extent to which further work is still required to fill in the legal infrastructure.

The point of origin for this work is the question: to which extent the a oeuniversal succession by virtue of the transactiona can be made useful for the business transation. The organizational possibilities made possible by the German Reorganization of Companies Act 1994 - and on a legally comparative level, the Swiss Merger Act 2003 and the Austrian Companies Code 2007 - prompted this examination.

At the turn of the century, a definitive history of the Suez Canal by Charles-Roux, L' I sthme et le Canal de Suez, listed in its bibliogra phy 1499 items on this major interoceanic waterway. A conservative estimate would probably set at double, treble, or quadruple this number the notes and studies on the Suez Canal which have been published since 1901. A word of explanation about a further work on the Canal may therefore be called for. its history the Suez Canal has been the focus of con Throughout troversy and conflict, arising out of attempts to control this crucial point on the sea passage linking Europe with the east coast of Africa, India, the Far East and Australasia. Much of this troubled history yields more readily to political than to legal analysis. The most important single legal question about the Canal concerns the dimen sions of the right of free passage. That question has become of grave concern to the entire world community only with the war between the Arab States and Israel and the short-lived conflict of 1956-57 between France, Great Britain, and Israel on the one hand and Egypt on the other."

Traditionally, legal scholarship on judicial review is predominantly normative, concentrating on how courts should decide cases and to what extent they should show deference towards the legislative branch. Political scientists, on the other hand, seem more interested in what motivates judges and which factors influence their decisions. In contrast to the extensive body of literature on judicial behaviour in countries with a common law tradition (especially on the US Supreme Court), there is little systematic, empirical knowledge relating to European constitutional courts.Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system: Does the Court employ deliberative 'judicial good practices'? Is the Court's performance affected by strategic considerations? And if the Court's rulings reflect strategic actions, does this behaviour correspond to the deliberative expectations weighing on the Court?The answers to these questions contribute to a fundamental discussion about the appropriate role for judicial institutions in a democratic society. The book shows that the Court's case law is (in part) shaped by strategic considerations. In salient cases, the Court prudently adapts various aspects of its decision in order to stimulate acceptance and compliance. The analyses reflect the fact that the Court is willing to engage in dialogue and that a consensus must be found amid a pluralist group of judges in each case. In addition, by continuingly taking into account the anticipated behaviour of its audience, the Court protects its institutional legitimacy for future cases.Due to this interdisciplinary focus, the book provides essential insights to both legal scholars and political scientists.

Die Arbeit untersucht Grund und Grenzen der Dispositionsbefugnis der Gesellschafter uber das GmbH-Vermoegen im Rahmen der sog. Organuntreue. Der normative Zusammenhang zwischen der juristischen Person und ihren naturlichen "Hinterleuten" wird in einem neuartigen und grundlegenden Zugang in seinem spezifisch gesellschaftsrechtlichen Kontext in Beziehung zu rechtsphilosophischen Begrundungszusammenhangen gesetzt, indem in Abgrenzung zu insbesondere systemtheoretischen und oekonomischen Ansatzen die Grundbegriffe Person, Institution und Korporation unabhangig von kontingenten funktionalistischen und wirtschaftlich-utilitaristischen Erwagungen uber ein freiheitlich-intersubjektives Anerkennungsverhaltnis bestimmt werden. Die Grenze einer Dispositionsbefugnis der GmbH-Gesellschafter wird dabei uber eine unternehmensbezogene teilhabegerechtigkeitstheoretische Aktualisierung der Kantischen Privatrechtslehre entwickelt.

One of the reasons for the speed with which international law has been changing in recent years has been the acceleration in the development of technology. New technological capabilities create opportunities for new kinds of economic activities which in turn require new legal norms to regulate them. Many such norms are formulated by express agreement and embodied in multilateral treaties. Much of contemporary air and space law is being developed by this method. For various reasons, however, the treaty making process is not always adequate for the development of new law, at least in its initial stages. Express agreement of a substantial majority of states on norms formulated with some precision requires much time and effort. Eighteen years have passed, for example, since the United Nations International Law Commission began its work on the law of the sea which led to the formulation of four conventions at the Geneva Conference of 1958 on this subject. Ten years after this Conference, none of the four conventions has been ratified or acceded to by a majority of the states of the world. It is not surprising, therefore, that in some fie1ds new law first emerges as a set of customary norms of varying degrees of c1arity and general accep tance. But the nature of the process of development and change of customary norms has remained inadequately understood and explained in the theory of intemationallaw. Some eminent jurists have called it "a mystery.

This book provides an in-depth exploration of the legal regulations, contractual practices, and typical problems arising in international commercial transactions. The discussion is enhanced through practical examples, figures, templates, and checklists. The appendix contains important sample clauses and standard regulations. The work is addressed to attorneys and economists with legal experience.

The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.

Invaluable guidance on the most important legal issues facing nonprofits today Internet communication is the lifeblood of countless nonprofit organizations, yet there exists no specific law to provide for its regulation. Without solid legal guidance, nonprofits risk not only missing out on the unlimited opportunities that the Internet has to offer, but also jeopardizing their tax-exempt status. The Nonprofits' Guide to Internet Communications Law analyzes and explains the laws applicable to Internet communications by nonprofit organizations. Nonprofit law expert Bruce Hopkins writes that with Congress and government agencies reluctant to create new law, it will ultimately be up to the courts to determine the future of Internet law affecting nonprofit organizations. Extrapolating from the underlying principles of existing law, Hopkins addresses the legal ramifications of Internet business activities, charitable-giving administration, fundraising programs, lobbying, political campaign activities, and more. The Nonprofits' Guide to Internet Communications Law proves an unparalleled resource for this emerging field.