This book examines the structure of the rule on restrictive agreements in the context of vertical intra-brand price and territorial restraints, analysing, comparing and evaluating their treatment in US antitrust and EU competition law. It examines the concept of 'agreement' as the threshold question of the rule on restrictive agreements, the structure and focus of antitrust/competition law analysis, the treatment of vertical intra-brand price and territorial restrictions and their place in the test of antitrust/competition law. The treatment of vertical intra-brand restraints is one of the most controversial issues of contemporary competition law and policy, and there are substantial differences between the world's two leading regimes in this regard. In the US, resale price fixing merits an effects-analysis, while in the EU it is prohibited almost outright. Likewise, territorial protection is treated laxly in the US, while in the EU absolute territorial protection - due to the single market imperative - is strictly prohibited. Using a novel approach of legal analysis, this book will be of interest to academics and scholars of business and commercial law, international and comparative law.

At a time of global and domestic economic crisis, the financial aspects of domestic and familial relationships are more important and more strained than ever before. The focus of this book is on the distribution of wealth and poverty in traditional and non-traditional familial relationships. The volume takes an interdisciplinary approach to explore the way in which money matters are structured and governed within close personal relationships and the extent to which they have an impact on the nature and economic dynamics of relationships. As such, the key areas of investigation are the extent to which participation in the labour market, unpaid caregiving, inheritance, pensions and welfare reform have an impact on familial relationships. The authors also explore governmental and legal responses by investigating the privileging of certain types of domestic relationships, through fiscal and non-fiscal measures, and the differential provision on relationship breakdown. The impact of budget and welfare cuts is also examined for their effect on equality in domestic relationships.

Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory.

First published in 2006. Routledge is an imprint of Taylor & Francis, an informa company.

Using empirical research, this book investigates how defendants are assessed by criminal justice decision-makers, such as judges, lawyers, probation officers, parole board members and those involved in restorative justice. What attitudes and emotions are defendants expected to show? How are these expectations communicated? The book argues that defendants, at various stages of the criminal justice process, are expected to show a (more or less) free acceptance of guilt and individual responsibility along with a display of ‘appropriate’ emotions, ideally including ‘genuine’ remorse. It examines why such expressions of individual responsibility and remorse are so important to decision-makers and the state. With contributors from across the world, including the UK, Australia, Canada, France, Denmark, the Netherlands, and Slovenia, the book opens new comparative possibilities and research agendas.

The papers published in this proceedings volume are written by a selection of authors, resulting from a call for papers for the 1st International Conference on Law and Governance in a Global Context (ICLAVE) originating from Indonesia and other countries. This proceedings volume shall be a very valuable contribution to understand contemporary law issues in Indonesia which are not always taught in law schools. These proceedings will not only serve as a useful reference for law students and academicians, but also help law practitioners to understand law issues that may be encountered in Indonesia. It covers selected items such as Administrative Law, Constitutional Law, Business Law, Intellectual Property Law, Criminal Law, Human Rights Law, Adat Law, Shariah Law, Judiciary Law and International Law, which are all important for undergraduate and post-graduate law students, as well as academicians and law practitioners in the law community.

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market.
Like the Commission on European Contract Law's "Principles of European Contract Law," the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanization of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law.
The principles furnish each of the national jurisdictions a grid of reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for molding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model.
The "Principles of European Law" are published in co-operation with Bruylant (Belgium), Oxford University Press (United Kingdom) and Staempfli Publishers Ltd. (Switzerland).

In the Second Edition of Copyright Exhaustion, copyright scholar Peter Mezei offers an expanded examination of copyright exhaustion, including its historical development, theoretical framework, practical applications, and policy considerations. He includes updated case law and statutory developments for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications with an eye toward scrutinizing the common rejection of exhaustion in the resale of digital subject matter including computer programs, sound recordings, audiovisual works, and e-books. He advocates for a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers.

As international criminal law grows in importance and practical impact, long-standing questions of criminal procedure will need to be addressed: i.e. how do we reconcile continental-style and Anglo-American procedure? and how do we ensure that international norms of human rights are complied with. Through a systematic comparative and institutional study, this book provides an important guide to the future procedural order.

This book uses a comparative approach to examine and explain the contemporary nature and meaning of federalism and federation. The author provides both a detailed theoretical study and empirical case studies on contemporary federations.
The study of federalism can be problematic and this book seeks to overcome some of the obstacles by distinguishing between federation, a particular kind of state, and federalism, the recommendation and promotion of support for federation. Written in a clear and accessible style, the author:
- Analyzes the conceptual bases of federalism and federation through the evolution of the intellectual debate on federalism; the American Federal experience; the origins of federal states; and the relationship between state-building and national integration.
- Explores comparative federalism and federation, looking at five main pathways into comparative analysis with empirical studies on the US, Canada, Australia, India, Malaysia, Belgium, Germany, Austria, Switzerland and the EU.
- Explores the pathology of federations, looking failures and successes, the impact of globalisation and concludes with an assessment of federal theory.
This book will be of interest to students and researchers of federalism, devolution and comparative politics and government.

First published in 1999, this book focuses on the new role of private law in late modernity. It analyses the pressures for changes in this area of law due to the present processes of privatisation and marketisation. The perspective is welfarist: in what ways and to what extent can the welfare state expectations of the citizens be defended through private law mechanisms when state-offered security is diminishing? Which alternatives are available when developing private law? The questions are discussed against the background of theories concerning important features of late modern society, for example consumerism, risk, information, globalisation and fragmentation. Several fields of private law are analysed, such as private law theory, tort and liability law, contract law and credit law as well as access to justice issues. The approach is comparative, including analyses of both common law and continental law.

Globalisation has opened new avenues to corruption. Corrupt practices are proliferating not only within national borders but across different countries. Despite many national and international anti-corruption bodies and strategies, corruption far from being eradicated. There is an urgent global demand for a better understanding of corruption as a phenomenon and a thorough assessment of the existing regulatory remedies, towards the establishment of more effective (and possibly uniform) anti-corruption measures. Our previous collection, Corruption in the Global Era (Routledge, 2019), analysed the causes, the sources, and the forms of manifestation of global corruption. An ideal continuation of that volume, this book moves from the analysis of the phenomenon of corruption to that of the regulatory remedies against corruption and for the promotion of integrity. Corruption, Integrity and the Law provides a unique interdisciplinary assessment of the global anti-corruption legal framework. The collection gathers top experts in different fields of both the academic and the professional world - including criminal law, EU law, international law, competition law, corporate law and ethics. It analyses legal instruments adopted not only at a supranational level but also by different countries, in the attempt of establishing an interdisciplinary and comparative dialogue between theory and practice and between different legal systems towards a better global promotion of integrity. This book will be of value to researchers, academics and students in the fields of law, criminology, sociology, economics, ethics as well as professionals - especially solicitors, barristers, businessmen and public servants.

This book explores key innovations in Rwandan law, exploring how the country has tried to combine the homegrown legal system with the civil law and common law legal systems to create a new hybrid legal system. The author explores the history of Rwandan law through the pre-colonial, to colonial and post-independence periods, and examines the homegrown legal and justice approaches, such as Gacaca, Abunzi, and Imihigo, introduced to deal with legal problems that could not be dealt with using the western legal system in post genocide Rwanda. The book highlights the innovative Rwandan approach to incorporating international law in the domestic legal system; it also covers the evolution of Rwandan constitutional law and constitutionalism since independence, and the development of family law from a legal system that oppressed women to one that promotes the rights of girls and women. Finally, the book explores the combination of common law and civil law systems in the development of the new Rwandan criminal law and in the transformation of the organization, jurisdiction, and functioning of Rwandan courts. This book will be of interest to scholars and students of African law, international law, and the legal system in Rwanda.

With reference to China, this book examines the course of international patent rights harmonisation; its characteristics as well as impediments. It focuses on China's patent legislation, its achievements and weaknesses, as well as the intrinsic limitations.

The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan's predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people's deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.

Can traditional approaches to criminal jurisdiction adapt to the new global reality of the digital era? In this innovative book, leading experts in criminal, international and internet law unite to address this fundamental question. They consider how jurisdictional regimes are orientated around concepts of territoriality and extraterritoriality, how these categories are increasingly blurred in the digital era, and how a range of jurisdictional transformations are occurring in the process. Part I presents novel doctrinal, empirical and theoretical perspectives on criminal jurisdiction, exploring how states are shaping and reimagining jurisdictional concepts in the crafting and interpretation of criminal offences, and the ramifications of increasing jurisdictional concurrency in state practice. Part II focuses on the investigative and enforcement powers of the state to assess how these issues are transforming traditional understandings of jurisdictional rules and boundaries, the challenges and opportunities that these present for law enforcement authorities, and the sorts of constraints and safeguards that may be necessary as a result. The picture that emerges is a world of jurisdictional rules in a state of flux, which demands the diversity of legal perspectives presented in this book for documenting, rationalising and moving beyond the transformations that are taking shape in modern statecraft.

Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.

How has Russia's political elite struggled to build a federal system of government out of the rubble of the Soviet empire?  This ground-breaking book examines the public debates, official documents, and political deals that built Russia's federal house, and analyzes the strength of its troubled foundation.

This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.

It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute's capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.

This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.

For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has been introduced, for example in New Zealand and Australia. This book offers a snapshot of the current state of consumer sales law in a range of jurisdictions around the globe. It provides both an overview of the law in selected jurisdictions and compares the application of these rules in the context of two case scenarios.

This title was first published in 2001. The global legal landscape is littered with attempts to provide context and meaning for sexual harassment law. Most have failed because they have limited themselves to the mere words of law. This cross-national study is the first to expand our notion of sexual harassment law and implementation by exposing the relationship between law and its social context, demonstrating how this fundamentally influences legal understandings and outcomes. Taking a unique theoretical approach, this book explores perceptions of law within national, corporate and the individual contexts, analyzing the potentials of each level to influence the social understanding of law and the wider role of law in society itself. The result is a pioneering work of fresh insight which will appeal to a broad range of academic disciplines.

This book provides an original and critical analysis of the most contentious subjects being negotiated in the China-EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China-EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China-EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China-EU CAI and the China-US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU's approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.