"Contracts for the International Sale of Goods" provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, this volume focuses on three fundamental issues, which, due to added attention from courts and arbitral tribunals, are considered typical of CISG related disputes. These include the exact determination of the CISG s sphere of application; issues relating to the non-conformity of delivered goods; and the determination of the rate of interest on sums in arrears. This analysis will also help readers understand the broader context in which these issues are embedded, and ultimately illustrates how the CISG is interpreted and applied in different jurisdictions. A special course adoption price is available for an order of six or more copies from a university bookstore. Contact [email protected] or [email protected].

This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.

The book provides readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe.The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics.The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.

The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the United Nations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity underlies the international system's commitment to preserve states' territorial integrity and political independence, often at the expense of other values. For those who impute to the international legal order an inherent purpose to establish a universal justice that transcends the boundaries of territorial communities, the legal prerogatives associated with state sovereignty appear as impediments to the global advance of legality. That view, however, neglects the danger of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. Though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properly overridden only in a limited range of cases. Sovereign Equality and Moral Disagreement accomplishes two tasks. One is to construct a unifying account of the manifestations of the principle of sovereign equality in international legal norms governing a range of subject areas, from foundational matters such as the recognition of states and governments to controversial questions such as legal authority for extraterritorial criminal prosecution and armed intervention. The other is to defend the principle as a morally sound response to persistent and profound disagreement within the international community as to the requirements of legitimate and just internal public order.

"This book offers the ideal way for foreign lawyers, business executives, accountants, and professional advisors, to get a solid understanding of Dutch corporate law. This book represents a unique publication in the English language, and an indispensable tool for anybody who is involved in corporate matters in the Netherlands. Many international companies are or use Dutch holding companies. Therefore, the book addresses a wide audience. The book incorporates recent substantial changes in corporate law in the Netherlands."

The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.

This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le present ouvrage reunit les contributions de juristes internationaux reconnus en vue d'eclairer les multiples facettes de l'histoire du droit international public. L'ouvrage analyse et questionne les origines et les fondements de l'ordre juridique international. Une attention toute particuliere est dediee a Hugo Grotius l'un des peres fondateurs du droit international. D'autres contributions questionnent egalement la tradition positiviste initiee par Vattel et confortee par la doctrine du 19eme siecle. Cette immersion dans les origines doctrinales du systeme juridique international est enrichie par l'etude de la pratique du droit international public, son evolution ainsi que le role des traditions non-occidentales et l'impact de la colonisation.

The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

The traditional conception of security as national security against military threats has changed radically since the adoption of the UN Charter in 1945. The perceived nature and sources of threats have been widened as well as the objects of protection, now including individuals, societies, the environment as such and the whole globe. In International Law and Changing Perceptions of Security the contributors reflect on whether and how changing concepts and conceptions of security have affected different fields of international law, such as the use of force, the law of the sea, human rights, international environmental law and international humanitarian law. The authors of this book have been inspired by Professor Said Mahmoudi to which this Liber Amoricum is dedicated.

The explosion of Pan Am Flight 103 over Lockerbie, Scotland, in December 1988, should never have happened. Wallis, who has extensive, direct, personal knowledge of aviation security matters gained from his position at the crossroads of security information and the industry's endeavors to combat aviation terrorism, had warned the industry one year before the bombing that the interline element of baggage represented the prime opportunity for terrorist activity and had urged the adoption of passenger and baggage matching, a system that he had helped to develop. Mandated by the FAA for use at high risk airports, it was the feature missing from Pan AM's activity at Frankfort, an omission so cruelly exploited by the bombers. Wallis argues that the priority given by governments to technological solutions to the continuing terrorist threat puts the flying public at unnecessary risk every day.

This volume brings together all of the facts surrounding the sabotage of Flight 103, including the investigation and the civil litigation in which so much of the story unfolded for the first time. It uncovers the fundamental weaknesses in Pan AM's communication and management policies. Wallis supports the policy that politics are politics and explores the possibility that U.S. and U.K. policy towards a neutral trial for the two Libyans indicted for the bombing, which may have been affected by the wider scenario of Middle East politics rather than simple justice for the victims of Lockerbie. Although the tragedy has led to improvements in defense technology for use against acts of aviation sabotage, these methods have yet to be applied universally.

Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. So the law governing attempted crimes is of practical as well as theoretical importance. Questions arising in the adjudication of attempts intersect with questions in the philosophy of action, such as what intention a person must have, if any, and what a person must do, if anything, to be trying to act. Yaffe offers solutions to the difficult problems courts face in the adjudication of attempted crimes. He argues that the problems courts face admit of principled solution through reflection either on what it is to try to do something; or on what evidence is required for someone to be shown to have tried to do something; or on what sentence for an attempt is fair given the close relation between attempts and completions. The book argues that to try to do something is to be committed by one's intention to each of the components of success and to be guided by those commitments. Recognizing the implications of this simple and plausible position helps us to identify principled grounds on which the courts ought to distinguish between defendants charged with attempted crimes.

One of the greatest figures in modern international law, James Brown Scott 1866-1943] intended to publish an autobiography titled Adventures in Internationalism. He wrote a few paragraphs for this book, but he never completed it. He decided instead to entrust his life's story to George A. Finch, a protege and friend. Finch began work on a biography with Scott's participation in the late 1930s, but he never completed it. Using Finch's manuscripts and notes Butler has produced a compelling study of Scott's key role in the international law movement, participation in several important diplomatic conferences and work as an author, secretary of the Carnegie Endowment for International Peace and guiding force behind the American Society of International Law. " Scott] fathered and fostered the development of international law during the greatest period of its history." --Manley O. Hudson, Harvard Alumni Bulletin XXXIII No. 14 (1 January 1931) 419. George A. Finch 1884-1957] was James Brown Scott's assistant and literary executor. He served as assistant director of the Division of International Law at the Carnegie Endowment, and, upon Dr. Scott's retirement, became that division's secretary and director. He was president of the Inter-American Academy of International and Comparative Law and held several positions at the American Society of International Law. At the time of his death he was honorary vice-president of the society and the honorary editor of its journal. He was the author of The Sources of Modern International Law (1937). William E. Butler is the John Edward Fowler Distinguished Professor of Law at Penn State University's Dickinson School of Law. He is the preeminent authority on the law of Russia and other former Soviet republics and the author, co-author, editor, or translator of more than 120 books on Soviet, Russian, Ukrainian and other Commonwealth of Independent States legal systems. Professor Emeritus of Comparative Law at the University of London, Professor Butler is the founder and director of The Vinogradoff Institute, which operates as a unit of Penn State Dickinson. The recipient of numerous honors for his service to Russian and international law, Professor Butler is an Academician of the National Academy of Sciences of Ukraine and the Russian Academy of Natural Sciences and is serving his third term as a member of the Russian International Court of Commercial Arbitration.

This riveting memoir tells of the fate of a Soviet dissident, Alexander Shatravka, who tried to escape from the Soviet Union in the 1974, only to be caught and returned to twelve years of imprisonment in Soviet psychiatric hospitals and labor camps. Released in 1986, just in time for the momentous changes of glasnost and perestroika, Shatravka eventually made his way to the West. Saturated with tales and memoirs from the other side of the Iron Curtain, Shatravka's memoir of his escape, which he wrote for underground circulation, languished in obscurity and archives - until now. In a stunning translation from the original Russian by Shatravka's ex-wife Catherine Fitzpatrick, his story of dashed hopes and ultimate fulfillment is as fresh as ever. With the ranks of the once-vibrant Soviet dissident movement depleted by death and old age, we find each account valuable in a world where Soviet crimes against humanity never had their Nuremberg, and where the perpetrators were never brought to justice. With the return of the abuse of psychiatry under Russian President Vladimir Putin's regime, Shatravka's tale is a timely warning about threats to freedoms so dear and yet so fragile. Shatravka's account also contributes a rare and invaluable look at Soviet provincial life, often overlooked in a field of literature dominated by urban elite dissidents, and captures the hopes and dreams of scores of ordinary people caught in the net of oppression.

This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.