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Books > Law > International law > General
This volume approaches the current crisis of solidarity in the European Union from a multidisciplinary perspective. The contributions explore the concept of solidarity, its role in the European integration process, and analyze the risks entailed by a lack of solidarity. Experts from various academic fields, such as political science, law, sociology, and philosophy, shed new light on contemporary challenges such as the migrant and refugee crisis, the Eurozone crisis, nationalist and separatist movements, and Brexit. Finally, they also discuss different solutions for the most pressing problems in EU politics. The book has two main aims: Firstly, to show that solidarity is a key element in solving the EU's contemporary problems; and secondly, to reveal how the crisis of solidarity has become a crucial test for the integration project, as the nature of the crisis goes beyond the well-known shortcomings in the EU's structure and problem-solving capacities.
The comprehensive guide to all the essential legal and business considerations in structuring domestic and international strategic business alliances. Readers are provided with a clear and concise introduction to the various domestic and international laws and regulations that impact strategic business relationships, including intellectual property law, antitrust law, commercial law, tax law, agency and distribution laws, and foreign investment laws. An indispensable resource for consummating sales representation arrangements, licensing arrangements, research and development arrangements, manufacturing and distribution arrangements, joint ventures, equity investment, and negotiated acquisitions. The book is intended for entrepreneurs, executives, and professionals. Entrepreneurs, executives, lawyers, accounts, and others involved in structuring cooperative business arrangements will benefit from the step-by-step approach to each strategic business relationship. The book provides guidance on each of the crucial steps in the negotiation process, including the selection of the prospective strategic business partner, the protection of trade secrets and confidential information, the due diligence process, representations and warranties, and dispute resolutions. Readers will gain an understanding of the essential bodies of law that might affect a relationship, such as intellectual property law, antitrust and competition law, laws relating to the sale of goods, agency and distribution laws, tax laws, export controls and antiboycott laws, and foreign inbound investment and technology transfer laws. The book covers each basic strategic business relationship that a firm might enter into to facilitate the development, manufacture, and distribution of products and services, including long-term functional contracts and joint ventures, minority investments, and negotiated acquisitions.
"Already from the beginning of the twentieth century, international standards on social security have been developed by international organizations. A very active period of standard setting was the 1950s-1970s, although the focus was primarily on European countries. Since the 1990s, few new standards have been developed. Yet, there are still large deficiencies in social protection in many countries, and poverty keeps on being an unsolved problem. At the same time, structural changes are introduced to developed social security systems which seem to jeopardize the implementation of international social standards. On the one hand, the need to promote social protection for all on a global level is still strongly felt. On the other, innovations in social security in all part of the world seem to lead to new obstacles on the way to its realization."
The Canadian Council on International Law was founded in 1972 by a group of some of Canada's leading and most distinguished scholars and practitioners in international law. The Council supports the development and exchange of ideas amongst a community of persons interested in international law with particular focus on the Canadian perspective on international matters. To this end, one of the major activities of the Council is to hold an annual conference. This volume, based on the conference proceedings of 2000, comprises of a collection of essays written by leading academics and practitioners on the theme "Looking Ahead: International Law in the 21st Century". A wide range of subject areas are addressed, including the International Criminal Court, international legal theory, international dispute resolution, public international law, private international law, international trade law, international human rights law, international environmental law, immigration law and technology and international law. This work should be of value to international lawyers in both the public and private spheres, legal scholars and those interested in international relations.
A central element of contemporary border regimes is their application to migrants before they reach a state's territory. The main forms of this extraterritorial immigration control are visa requirements, pre-embarkation immigration controls and the interception of irregular migrants at sea. This work analyses the complex relationship of the law to these practices, as legal guarantees are potentially avoided, while the legality of control is often uncertain. It examines the international law framework, including the law of the sea and the extraterritorial application of principles of "non-refoulement" contained in the Refugee Convention and in international human rights law. The work also includes detailed case-studies of the legal challenges posed by extraterritorial immigration controls in Europe, Australia and the United States.
This unique text deals with the most important legal areas for e-commerce related business in most of the member states in Europe as well as the USA. In doing so the text takes into consideration the national law of the following countries: Belgium, France, Germany, Great Britain, Italy, Netherlands, Norway, Spain, Switzerland, and the USA. Topics that are dealt with include: contract law, consumer protection, intellectual property law, unfair competition, antitrust law, liability of providers, money transactions, privacy and data protection. The country-specific contributions follow a questionnaire which can be found in the beginning. The uniform structure of each contribution enables the reader to quickly find an answer to a legal question. All contributions have been written by experts from each member state.
Money laundering has been around as long as there have been illicit businesses, since criminals have always had to convert their ill-gotten gains into clean financial instruments in order to utilize them in legitimate business. Grosse explores how drug traffickers turn profits from street sales of cocaine and crack into bank accounts, airplanes, securities investments, and other uses. These schemes are both creative and extensive, from shipping suitcases of dollars to Mexico, to buying gold with drug cash in California, to faking the export of clothing from Colombia to Panama. The amounts of money involved are often staggering--hundreds of millions of dollars in most cases. Grosse also considers some of the issues raised by money laundering. He offers advice to banks and other financial institutions that hope to avoid becoming involved in a money laundering process. He examines the social costs and benefits of money laundering, in particular the charge that the rapid development of Miami in the 1980s was due directly to the hundreds of millions of cocaine dollars invested in real estate and businesses by the "cocaine cowboys." Increasing law enforcement has, in Grosse's opinion, only resulted in more clever laundering schemes, and recent discussion about legalizing narcotics will prove even more costly for the United States.
Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960's. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state. Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the "Charter."" "Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.
This important new work examines fundamental, but hitherto neglected, issues of national criminal law. Where and to whom does that law apply? When can domestic law apply to conduct that takes place abroad? The author examines the territorial and extraterritorial application of the criminal law, identifying defects, lacunae, and historical accidents, and suggests possible reforms.
The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer courses in the law of the European Community and the protection of human rights in Europe. In addition to general courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy-makers, judges and persons who have held or currently hold the highest positions in these fields. The courses are published in the language in which they were delivered (English and French).
How much has the European Parliament contributed to true integration of the economic, social, and political life of Europe? Twelve original, thought-provoking essays attempt to answer that question. Contributors are some of the leading American and European experts on the European Community.
The book is an introduction to sports law, in particular International (worldwide) and European (EU) sports law. The chapters are all put in the perspective of the innovative sports law doctrine that is developed and presented in the opening chapter on what sports law is. After a general coverage of the core concept of "sport specificity" (that is whether private sporting rules and regulations can be justified notwithstanding they are not in conformity with public law), the book covers the following specific main themes of International and European Sports Law (capita selecta): comparative sports law; competition law and sport; the collective selling of TV rights; sports betting; Social Dialogue in sport; sport and nationality; professional football transfer rules; anti-doping law in sport; transnational football hooliganism in Europe; international sports boycotts. In this book association football ("soccer") is the sport that is by far most on the agenda. It is the largest sport in the world and most popular all over the globe. The elite football in Europe is a day-to-day commercialized and professionalized industry, which makes it a perfect subject of study from an EU Law perspective.
The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual summer courses in the law of the European Community and the protection of human rights in Europe. In addition to general courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy-makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).
This book provides an in-depth study of Private International Law reasoning in the field of international sale of goods contracts. It connects the dots between European and Chinese law and offers an unprecedented transversal and comparative legal study on the matter. Its main purpose is to identify the consequences of European rules on Chinese companies and vice versa. The first part addresses the conflict of jurisdiction and conflict of law rules, while the second part discusses in detail the practical importance and the impact of arbitration, which is becoming more common thanks to its flexibility. The third part focuses on the Vienna Convention on Contracts for the International Sale of Goods and the Unidroit Principles of International Commercial Contracts and carefully analyses their use. The final part examines contracts involving consumers.
This book offers a comprehensive, multidimensional look into the major activities, groups, causes, and policing strategies related to global organized crime. Global Organized Crime: A Reference Handbook examines global organized crime dating back to its 17th-century roots. Unlike most works on the subject, which take a parochial approach by concentrating on individual countries or regions, this book uniquely details the impact of 21st-century globalization on such groups and their activities. Exploring the continuum of international organized crime and related developments from its early beginnings to the present era, the book also looks at the complicated issues that continue to influence its growth. It covers the impact of the end of the Cold War, immigration, the global drug trade, weapons sales, human smuggling and trafficking, the convergence of funding sources, and the effects of technology. What especially distinguishes this book is the connections it makes between organized crime activities and failed states, civil wars, political transitions, regional conflicts, and terrorist groups.
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a "form" that, when applied to different legal themes, would add a "material content" to the three-dimensional theory. We can point out, as a study plan, the distinction between "three" perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the "three" phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the "three" characteristics of the legal order: Fullness, coherence, and unity-the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
This book reviews the long history of U.S. shipping policy, and explains the present challenges (including the increasing use of open register arrangements). U.S. labor problems, tort and liability risks, environmental and safety regulations, and coastal and harbor security issues receive heavy emphasis. Options for reviving U.S. shipbuilding are analayzed, along with balance of payments implications, and sealift and national security requirements. The book offers a detailed program for American maritime renewal. It is intended for maritime, national security, international trade, and foreign policy audiences. Extensive data and tables allow for a comprehensive assessment of the U.S. merchant marine and the global shipping industry, with substantial historical background. Nearly two thirds of world shipping is done under flags of convenience. The significant over-tonnaging, subsidies and/or restrictions, and shipping friendly policies present in many countries create strong competitive pressures. Unfortunately, the U.S. and British merchant marines are in serious decline. But the Japanese, Chinese, Greeks, and Scandinavians are thriving at sea. And many European Union, Asian, and former Eastern bloc nations are likely to remain determined competitors. U.S. maritime policies need overhaul and a more realistic outlook. This book reviews the long history of U.S. shipping policy, and explains the present challenges (including the increasing use of open register arrangements). U.S. labor problems, tort and liability risks, environmental and safety regulations, and coastal and harbor security issues receive heavy emphasis. Options for reviving U.S. shipbuilding are analayzed, along with balance of payments implications, and sealift and national security requirements. The book offers a detailed program for American maritime renewal. It is intended for maritime, national security, international trade, and foreign policy audiences. Extensive data and tables allow for a comprehensive assessment of the U.S. merchant marine and the global shipping industry, with substantial historical background.
A Documentary History of the Campaign to Create the American Institute of International LawThe American Institute of International Law was established in 1912 by James Brown Scott and Dr. Alejandro Alvarez, a distinguished Chilean international lawyer. It aimed primarily to foster better relations between the United States and Latin America. Active until 1938, it submitted several recommendations concerning international organizations, including 30 draft projects to the Pan American Union, which placed 27 of them before the International Commission of American Jurists for the Codification of International Law. Among the subjects were statehood, aliens, law of treaties, diplomatic and consular agents, neutrality at sea, asylum, duties of states in the event of civil war, and the peaceful settlement of disputes. No less than thirteen of these drafts were incorporated into the codifications produced by the Commission. This volume documents the campaign to create the American Institute of International Law and reproduces the original proposal and the principal documents leading to the creation of the Institute. In a broader sense, it offers an interesting legal perspective on the history of inter-American relations and the period when international lawyers began to influence the direction American of foreign policy.James Brown Scott 1866-1943] played a leading role in the establishment of public international law from the 1890s to the 1940s. The author of over 1,000 books and articles, he was a professor, administrator, editor, public lecturer, as well as a lawyer, diplomat and an advisor to seven presidents, ten secretaries of state and several foreign governments. He was also a tireless organizer. In addition to his leading role in the creation of American Institute of International Law, he helped to establish the American Society for Judicial Settlement of International Disputes and the American Society of International Law (ASIL)."Before Dr. Scott began his crusade, international law as a science had barely emerged from the cloister; indeed, not so many years before it had been taught in connection with theology. The subject is now included in the curricula of many colleges and universities and of the larger law schools in the United States. Specially qualified professors, in the larger institutions more than one, devote their whole time to teaching it. The classes are numbered by the hundreds and the students by the thousands. No statement made by informed leaders of opinion in this and other countries has been or can be made regarding the restoration of peace and order in the world without basing their hopes upon the foundations of international law."George A. Finch, "James Brown Scott, 1866-1943," American Journal of International Law 38 (1944) 217. 38 Am.
This volume contains the German National Reports on Public Law presented at the XVIIth Congress of the International Academy of Comparative Law, Utrecht 2006. The authors are senior and junior research fellows at German universities and research centres. Their articles provide an overview over recent developments and new issues in both European Constitutional and German Public Law from a German perspective and offer an in-depth analysis of the legal issues discussed. The book offers scholars as well as practitioners a sound basis for studies on a wide range of current and interesting issues in the field of comparative law.
There has been intense debate in recent times over the legitimacy or otherwise of international law. 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. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
This is an interdisciplinary study of how power, security, polarity
and the primacy of sovereign states play out in an international
context that has witnessed the rise of non-state actors. It
provides an updated analysis of the complex relationship of
anarchy, power and politics by addressing issues of self-defense in
a unipolar order.
Sales taxes including gross receipt taxes, retail sales taxes and value added taxes are a key part of the fiscal revenue of many countries. Given an increasinglyglobal economy and the recent stresses to which it is been subjected manyissues come into play in connection with the legal, tax policy and economicimplications presented by the taxation of international transactions. |
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