This book adds a critical perspective to the legal dialogue on the regulation of 'smart urban mobility'. Mobility is one of the most visible sub-domains of the 'smart city', which has become shorthand for technological advances that influence how cities are structured, public services are fashioned, and citizens coexist. In the urban context, mobility has come under pressure due to a variety of different forces, such as the implementation of new business models (e.g. car and bicycle sharing), the proliferation of alternative methods of transportation (e.g. electric scooters), the emergence of new market players and stakeholders (e.g. internet and information technology companies), and advancements in computer science (in particular due to artificial intelligence). At the same time, demographic changes and the climate crisis increase innovation pressure. In this context law is a seminal factor that both shapes and is shaped by socio-economic and technological change. This book puts a spotlight on recent developments in smart urban mobility from a legal, regulatory, and policy perspective. It considers the implications for the public sector, businesses, and citizens in relation to various areas of public and private law in the European Union, including competition law, intellectual property law, contract law, data protection law, environmental law, public procurement law, and legal philosophy. Chapter 'Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation' of this book is available open access under a CC BY 4.0 license at link.springer.com.

Am 7. Juni 2013 wurde die neue Honorarordnung fur Architekten und Ingenieure (HOAI )im Bundesrat verabschiedet. Sie trat am 17.07.2013 in Kraft und ist auf Vertrage ab diesem Datum anzuwenden.
Dieses Buch erlautert anschaulich - anhand von praxisbezogenen Beispielen und Tipps - die korrekte Anwendung der HOAI im Zuge der Vertragsanbahnung, Vertragsabwicklung und der Berechnung des Honorars.

Architekten erhalten einen schnellen Uberblick mit Erlauterungen zu allen relevanten Regelungen der HOAI, erganzt durch eine ganze Anzahl von Beispielen. Der Autor geht dabei ganz gezielt auch auf die speziellen Fragestellungen aus dem Tagesgeschaft der Architekten ein und gibt wertvolle Hinweise zum Abschluss von Planungsvertragen und zur Honorarberechnung. Beispielabrechnungen und Musterformulare fur die Abwicklung von Architektenvertragen erganzen die textlichen Ausfuhrungen. Ein weiterer Schwerpunkt ist die Vertragsabwicklung und Honorarberechnung fur das Bauen im Bestand sowie die Erstellung von pruffahigen Schlussrechnungen.

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How do legal systems actually operate outside of Western European or North American liberal democracies? To understand law and legal institutions globally, we must go beyond asking if countries comply with idealized, yet under-theorized, rule of law principles to determine how they work in practice. Examining legal regimes across different areas of criminal and civil law in both urban and rural China and Indonesia during distinct periods from 1949 to the present, William Hurst offers a new way of understanding how cases are adjudicated (and with what implications) across authoritarian, developing, post-colonial, and newly democratizing settings. This is the first systematic comparative study of the world's largest Communist and majority-Muslim nations, and the most comprehensive scholarly work in many years on the micro-level workings of either the Chinese or Indonesian legal system at the grassroots, based on a decade of research and extensive fieldwork in multiple Indonesian and Chinese provinces.

This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate. This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland. Since the term 'compensation' is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law. In contrast, 'restitution' states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party's expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.

Dieses Buch vermittelt ein umfassendes und vertieftes Verstandnis fur die Ehe als Rechtsverhaltnis und die dynamische Entwicklung des Eherechts. Es enthalt eine grundliche Darstellung des geltenden deutschen Rechts einschliesslich verfassungsrechtlicher und europarechtlicher Einflusse, eine kritische Eroerterung des gegenwartigen Standes der Gesetzgebung und Rechtsprechung sowie Stellungnahmen und Loesungsvorschlage zu grundlegenden, haufig diskutierten Fragen. Einleitende Abschnitte richten den Blick auf die Geschichte des Eherechts im allgemeinen und einzelner Rechtseinrichtungen sowie auf auslandische Regelungen. Sie erweitern das Verstandnis fur die Grundfragen des Eherechts und weisen auf moegliche Alternativen zum geltenden deutschen Recht hin. Schwerpunkte des Buches sind die Rechte und Pflichten der Eheleute wahrend des Bestehens der Ehe sowie Voraussetzungen und Folgen der Ehescheidung, insbesondere das Recht des nachehelichen Unterhalts und der Vermoegensauseinandersetzung.

The Guidelines for the Assessment of General Damages in Personal Injury Cases are designed to provide a clear and logical framework for the assessment of damages in personal injury cases. The first edition of this title was regarded as a landmark in personal injury practice. Each succeeding issue has built on this reputation and the book has now firmly established itself as essential reading for all those involved in the area of personal injury litigation. This new edition has been fully updated to take into account inflation since the last edition as well as reflect decisions of the higher courts on quantum. It also retains the column of figures appropriate to those few remaining claims, still coming before the courts, in which the 10% uplift in general damages recommended by Sir Rupert Jackson and endorsed by the Court of Appeal in Simmons v Castle [2012] EWCA Civ 1288 does not apply. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book.

This open access book examines the governance and legal landscape of the global commodity sector. For that purpose, the author conceptualises both Global Commodity Governance (GCG) as well as Transnational Commodity Law (TCL). He defines the key terms of Global Commodity Governance, delineates the underlying legal framework of Transnational Commodity Law, and assesses the effectiveness of Transnational Commodity Law in fostering a functional commodity sector. "Sustainable Commodity Use" is based on a comprehensive analysis of over 250 international agreements, standards, and guiding documents. The author distils the main findings into a conceptualisation of Transnational Commodity Law and provides the reader with a succinct overview of its normative configurations as well as regulatory gaps. Moreover, he elaborates a taxonomy of International Commodity Agreements. In addition, an outline of the normative substance of Transnational Commodity Law features in an appendix to the main text. The author concludes by making concrete suggestions on how rules regulating commodity activities de lege ferenda could and should be designed to improve the effectiveness of law regulating transnational commodity activity. In doing so, he demonstrates the application of the sustainable use principle as the overall objective and purpose of Transnational Commodity Law and discusses International Commodity Agreements as future regulatory instruments. This book may assist lawmakers, practitioners, civil society advocates, and academics worldwide in developing a legal framework for sustainable global commodity activity.

Gregor Schmieder befasst sich in seiner Arbeit zunachst umfassend mit den Grundstrukturen zivilrechtlicher Beseitigungshaftung und findet dabei Verbindendes. Er leitet drei dogmatische Determinanten fur den Anwendungsbereich des lauterkeitsrechtlichen Beseitigungsanspruchs in seinem spezifisch verbraucherschutzenden Wirkbereich her. Dieses Fundament bildet den Rahmen fur eine nahere Konkretisierung von Inhalt und Haftungsarchitektur des verbraucherschutzenden Beseitigungsanspruchs des Lauterkeitsrechts sowie seiner Verortung im System lauterkeitsrechtlicher Rechtsdurchsetzung zum einen, im System zivilrechtlicher Beseitigungshaftung zum anderen. Der Begriff des Folgenbeseitigungsanspruchs wird im Zuge dessen entmystifiziert. Destillat der Auseinandersetzung mit den dogmatischen Grundlagen verbraucherschutzender Beseitigungshaftung im Lauterkeitsrecht ist der Nachweis der Fortgeltung des Regulierungsansatzes des Informationsmodells auf der Ebene der Durchsetzung des Rechts. Das Informationsmodell auf der Durchsetzungsebene ist ein Regulierungsansatz, den es zu verfolgen lohnt. Bereits jetzt findet dieser Regulierungsansatz in den einzelnen Fallgruppen verbraucherschutzender Beseitigungshaftung einen Anwendungsbereich.

Gutachten zu Fragen des Zivilrechts und des Offentlichen Rechts haben in der Praxis der forensischen Psychiatrie eine erhebliche Bedeutung. Sie erfordern einerseits Spezialwissen zu dem jeweiligen Fall" und andererseits die enge Zusammenarbeit von Psychiatern und Juristen. Das Buch behandelt Fragen des Zivilrechts und des Offentlichen Rechts deshalb sowohl aus juristischer wie psychiatrischer Perspektive. Erortert wird auch die Stellung des psychiatrischen Sachverstandigen im Zivilprozess und im Verfahren der freiwilligen Gerichtsbarkeit."

This volume analyses the process and structure of ecotaxes in India to bring forth its rationale, application and incidence on emerging environmental problems on the backdrop of the environmental issues confronted by the Indian economy. Being at infant stage in India, the concept of ecotaxes is plagued with large empirical difficulties. This book provides a holistic understanding of the complexities in the design and implementation of these fiscal instruments at the country level. After elaborating on the theory, history of its applications, the book provides an innovative methodological exercise. It examines the adequacy and relevance of ecotaxation in the Indian context, along with ensuring that the distortions due to the proposed levy are minimised. The incidence of these taxes on the households, the double dividend hypothesis and the effect on competitiveness of the producer are a few of the core themes elaborated upon in this book. This is demonstrated through a linear general equilibrium framework of Environmentally extended Social Accounting Matrix (E-SAM).The book provides material for the researchers and graduate students on the methodological structure of eco-taxes. The proposed methodological intervention could be utilised by the researchers who wish to analyse the macroeconomic impact of any tax through the framework of Social Accounting Matrix (SAM). Additionally, the process as well as the implications and nuances provided in the book will assist the policy makers to design innovative policies for dealing with environmental issues. The volume also has something for the practitioners by helping them comprehend various effects of these instruments on different stake holders of the economy and thus will be useful as a policy prescription. The three policy scenarios analysed in this study could be considered by the policymakers while attempting to design these instruments in the Indian context and thus ending the extensive reliance on the age old and grossly ineffective Command and Control (CAC) Policies.

This handbook explores the dynamic new field of Environmental Restorative Justice. Authors from diverse disciplines discuss how principles and practices of restorative justice can be used to address the threats and harms facing the environment today. The book covers a wide variety of subjects, from theoretical discussions about how to incorporate the voice of future generations, nature, and more-than-human animals and plants in processes of justice and repair, through to detailed descriptions of actual practices of Environmental Restorative Justice. The case studies explored in the volume are situated in a wide range of countries and in the context of varied forms of environmental harm - from small local pollution incidents, to endemic ongoing issues such as wildlife poaching, to cataclysmic environmental catastrophes resulting in cascades of harm to entire ecosystems. Throughout, it reveals how the relational and caring character of a restorative ethos can be conducive to finding solutions to problems through sharing stories, listening, healing, and holding people and organisations accountable for prevention and repairing of harm. It speaks to scholars in Criminology, Sociology, Law, and Environmental Justice and to practitioners, policy-makers, think-tanks and activists interested in the environment.

This edited collection is grounded in a green criminological approach to understand whether the law, both in effect and implications, reflects, refracts, or sublimates the social, political and ecological conditions of our times. Since its initial proposal in the 1990s, green criminology has focused the criminological gaze on a wide array of harms and crimes affecting humans, animals other than humans, ecological systems, and the planet as a whole. As a continuously blossoming field of criminological inquiry, green criminology recognizes and examines behaviours that are both illegal and legal (yet detrimental), and in varying ways has made great efforts to provide insight into harms in a more fulsome manner. At the same time, there have been many significant legal instances, domestic, and international, including case law, legislation, regulation, treaties, agreements and executive directives which have troubled the law's understanding of green harms, illegal and legal activity, pushing legal boundaries in the process. Recognizing that humanity and nature are inextricably integrated, Green Criminology and the Law reflects the range and depth of high-quality research and scholarship, combining contributions from established scholars willing to explore new topics and recent entrants who are breaking new scholarly ground.

This book includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Committee of the Supreme People's Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including "Cases by Justices", "Cases at Judicial Committee" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opts to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.

"Efficient breach" is one of the most discussed topics in the literature of law and economics. What remedy incentivizes the parties of a contract to perform contracts if and only if it is efficient? This book provides a new perception based on an in-depth analysis of the impact the market structure, asymmetry of information, and deviations from the rational choice model have, comprehensively. The author compares the two predominant remedies for breach of contract which have been adopted by most jurisdictions and also found access to international conventions like the Convention on Contracts for the International Sale of Goods (CiSG): Specific performance and expectation damages. The book illustrates the complexity such a comparison has under more realistic assumptions. The author shows that no simple answer is possible, but one needs to account for the circumstances. The comparison takes an economic approach to law applying game theory. The game-theoretic models are consistent throughout the entire book which makes it easy for the reader to understand what effects different assumptions about the market structure, the distribution of information, and deviations from the rational choice model have, and how they are intertwined.

This edited book aims to address challenges facing the deployment of autonomous vehicles. Autonomous vehicles were predicted to hit the road by 2017. Even though a high degree of automation may have been achieved, vehicles that can drive autonomously under all circumstances are not yet commercially available, and the predictions have been adjusted. Now, experts even say that we are still decades away from fully autonomous vehicles. In this volume, the authors form a multidisciplinary team of experts to discuss some of the reasons behind this delay. The focus is on three areas: business, technology, and law. The authors discuss how the traditional car manufacturers have to devote numerous resources to the development of a new business model, in which the sole manufacturing of vehicles may no longer be sufficient. In addition, the book seeks to introduce how technological challenges are creating a shift toward connected autonomous vehicles. Further, it provides insight into how regulators are responding to the insufficiently tested technology and how lawyers try to answer the liability question for accidents with these autonomous vehicles.

This book presents a comprehensive analysis of the existing nature of India's groundwater laws. In the backdrop of the gravity of groundwater crisis that threatens to engulf the country, the book examines the correlation between the imperfections in the law and water crisis and advocates a reform agenda to overhaul the legal framework. It accomplishes this objective by examining how some of the States and Union Territories regulate and manage groundwater through the legal instrumentality against the backdrop of the two conflicting paradigms: the "elitist" and the "egalitarian." The book's fundamental premise is that despite being an extraordinarily critical resource that supports India's burgeoning population's ever-increasing water demands, groundwater is abused and mismanaged. The key argument that it posits is that the elitist paradigm must give way to an egalitarian one where groundwater is treated as a common property resource. To place this message in perspective, the book's introduction explains the dichotomy between the two paradigms in the context of groundwater. This sets the stage, after which the book is divided thematically into three parts. The first part deals with some of the general groundwater management concerns brought to the fore by the operation of the elitist paradigm. Since water is constitutionally a State subject, the second part analyses the groundwater legislations of different States and Union Territories set against their unique circumstances. As these laws do not dismantle the elitist paradigm that interlocks groundwater rights to land rights, the next part articulates the legal reform agenda where a case is made to re-engineer groundwater laws to reflect a more sustainable basis. The findings and arguments resonate with the situation in many developing countries around the world due to which the book is a valuable resource for researchers across disciplines studying this area, and also for policy makers, think tanks, and NGOs. Groundwater Management-Inter-state Water Conflicts-Aquifers-Water Markets-Water Security-Water Law Reform-Groundwater Law-Water Law-Sustainable Development-Hydrology

This book introduces readers to the press release work carried out by Ministry of Ecology and Environment of the People's Republic of China in 2018. It is divided into 3 parts, and each part is arranged in chronological order. The first part contains the records of Li Ganjie, Minister of the Ministry of Ecology and Environment, who attended the press conference of the two conferences and the "Ministerial Channel". The second part contains the record of Special Representative of China's Climate Change Affairs, Xie Zhenhua, who attended the "China's Policies and Actions on Climate Change 2018 Annual Report" press conference, and Zhao Yingmin, Deputy Minister of the Ministry of Ecology and Environment, who attended the "Three-year Action Plan to Win the Blue Sky Defense War" policy briefing. The third part contains the records of 12 regular press conferences of the Ministry of Ecology and Environment throughout the year.

This book introduces the press release work carried out by Ministry of Ecology and Environment of the People's Republic of China in 2019. It is divided into four parts, each arranged chronologically. The first part contains the records of Li Ganjie, Minister of the Ministry of Ecology and Environment, who attended the press conference on "Promoting Ecological Civilization and Building a Beautiful China". The second part contains the records of Minister Li Ganjie's attendance at the press conference of the National People's Congress and the Chinese Political Consultative Conference as well as the "Minister channel". The third part contains the records of four press conferences on ecological and environmental protection held by the State Council Information Office of the People's Republic of China. The fourth part contains the records of 12 regular press conferences held by the Ministry of Ecology and Environment.

The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes. Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach. The book is primarily intended for academics, researchers, and students interested in international environmental law and policy and in interactions for creating conditions for fair, sustainable, and resilient environmental development. By offering an analysis of instruments and criteria for systemic relations in those areas, it will also appeal to public and private actors at the domestic and international level.

Policing and ecological crises - and all the inequalities, discrimination, and violence they entail - are pressing contemporary problems. Ecological degradation, biodiversity loss, and climate change threaten local communities and ecosystems, and, cumulatively, the planet as a whole. Police brutality, wars, paramilitarism, private security operations, and securitization more widely impact people - especially people of colour - and habitats. This edited collection explores their relationship, and investigates the numerous ways in which police, security, and military forces intersect with, reinforce, and facilitate ecological and climate catastrophe. Employing a case study-based approach, the book examines the relationships and entanglements between policing and ecosystems, revealing the intimate connection between political violence and ecological degradation.

Written by one of the world's leading scholars in the field, this book provides a unique perspective on the connections between energy justice and human rights. Taking an interdisciplinary approach, the author offers an accessible discussion about the implementation of energy justice in practice. The book explores the rise of justice issues in the energy sector, the interdisciplinary nature of energy justice, the economics of energy justice and provides a practical case study on distributive justice. The penultimate chapter focuses on human rights and energy justice in a world first, and explores the topic from the perspective of the opportunity of last resort. This 'opportunity of last resort' is the national courts and is the place where societies can seek to have justice enforced through a variety of human rights being protected. Finally, energy justice risks are highlighted alongside the author's proposed framework for the next generation of energy justice scholars.

This book discusses environmental crime and individual wrongdoing. It uses the theory of convenience throughout to examine financial motives, attractive opportunities, and personal willingness to explain deviant behavior. This book focusses primarily on the case study of the Island of Tjome in Norway, an attractive resort where building permits were repeatedly granted to rich people in a protected zone along the shoreline. This book investigates how these crimes were detected and investigated by police over a few years with the help of whistleblowers. It discusses the interplay between the potentially corrupt public officials, professionals like architects and attorneys, and rich individuals, as an interesting and challenging arena for law enforcement. It covers attorneys' defense strategies, evaluates private internal policing, and provides insights for those investigating individuals involved in environmental crime. It also examines the Vest Tank toxic waste dumping case and the resulting explosion where unusually both the chairperson and the chief executive were successfully sentenced to prison because of environmental crime, unlike many other environmental crime cases where individuals avoid prison. The case studies are drawn from Norway to supplement more well-known case studies from the USA.

The book written with a rich teaching experience of the author at National Law University and State University, attempts to critically analyse Indian High Court and Apex Court cases on the Law of Civil Procedure. It also evaluates the relation between statutory procedural law and case laws as subject. Most importantly, the book presents recent judgments of Supreme Court, particularly based on Post Amendment Acts of 1999 and 2002. Also, these cases have been analysed in addition to a critical examination of the radical and far reaching effect of the Code. This lucid and well-organised book is divided into five parts. Part I develops theoretical foundations of the readers on Civil Procedure Code. Part II demonstrates certain important issues on the (i) scope of jurisdiction of civil courts to entertain disputes, (ii) principles governing res sub judice, res judicata and foreign judgement, (iii) nature of powers exercised by civil courts in matters relating to place of suing, institution of suit, transfer of cases, withdrawal and compromise of suits, (iv) necessary conditions for first hearing, interim order, trial as well as special suits, (v) scope and ambit of law relating to pleadings, appearance and non-appearance of parties, discovery, inspection, production of documents, death, marriage, insolvency of parties, judgment and decrees. Part III explores various issues on appeals, reference, review and revision. In this part, an attempt has also been made to discuss different facets of law on first appeal, second appeals, appeals from orders, and appeal by indigent persons, appeals to the Supreme Court. Part IV is devoted to discuss various principles on execution. Part V deals with miscellaneous issues on the Law of Civil Procedure and includes Appendix on the Law of Limitation. The book will prove useful to the students of LLB and LLM for their course study. Besides, the book will be of immense use to the professionals.