The book discusses sustainability and law in a multifaceted way. Together, sustainability and law are an emerging challenge for research and science. This volume contributes through an interdisciplinary concept to its further exploration. The contributions explore this exciting domain with innovative ideas and replicable approaches. It combines a variety of authors, from both the public and the private sectors, and thereby guarantees a broad view that enshrines the more theoretical arguments from the academic side as well as stronger practical applicable perspectives. The book provides space for thoughtful expansions of established theories as well as the hopeful emergence of innovative ideas. Moreover, the combination of three to five contributions into the eleven parts respectively aims toward a compression of like minded thoughts. This should lead to an intensification of exchange of viewpoints from different angles on a similar theme. Readers therefore also have the opportunity to concentrate on single chapters, but receive comprised knowledge and a variety of thoughts for new ideas on a particular theme.

There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a "new" cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people's lives and on our social systems.

This book provides critical insight into the experience of multi-owned property, and showcases different cultural responses across the Asia-Pacific region. Escalating demand for properties within global cities has created exuberance around apartment living; however less well understood are the restrictions on individual rights and responsibilities associated with collective living. In contrast to the highly populated and traditional communal housing arrangements of past Asian economies, we see an increasing focus on neo-liberalist, market-based policies associated with the rise of an Asian middle class shaping structural change from communal to individualistic. This edited collection unpacks the rights, restrictions and responsibilities of multi-owned property ownership across the Asia-Pacific region; examining the experiences of developers, strata-managers, owners and residents. In doing so, they highlight how the rights of one party affects the restrictions and responsibilities of others within different policy frameworks. This work will reach an interdisciplinary audience including scholars and practitioners of sociology, public policy, urban studies and planning, economics, property management and architecture.

This book explains the urgent necessity to compile a Civil Code and calls for constitutional awareness in compiling that Civil Code, highlighting the need for it to be done in a democratic and scientific manner. It advocates "Pragmatic Methods" as a new approach to compiling a Civil Code of China and shares the author's thoughts on the constitutionality of compiling a Civil Code, explains the object that is to be judged in terms of its constitutionality, and the constitutionality of legal interpretation, of legislative procedures and of legal application. The book also illustrates the author's "mode of the codifying of non-basic laws" for compiling a Civil Code, and includes a detailed discussion on compiling a Civil Code to reveal how many valid laws there are China - a matter that is of vital importance to the compilation of the Civil Code.The Appendix includes statistics on the number of civil cases classified according to causes of actions, based on "Judicial Opinions of China" website, which is the first step of the author's plan to investigate civil customs reflected in judgment documents with the help of big-data analytical methods.

Der Leitfaden zum Filmrecht erlautert in klarer Sprache und anhand zahlreicher Beispiele Rechtsfragen, die im Rahmen der Entwicklung, Herstellung und Auswertung von Film- und Fernsehproduktionen auftreten konnen. Die 3. Auflage berucksichtigt die Fulle der Rechtsprechung und Literatur, die seit der Vorauflage im Oktober 2003 erschienen ist. Der Autor geht auf samtliche Anderungen und ihre Auswirkungen auf die Rechts- und Vertragspraxis im Filmgeschaft ein, um Praktikern den gewohnt aktuellen Leitfaden zum Filmrecht an die Hand zu geben."

Die Durchsetzung" hat sich im Recht des geistigen Eigentums zu einem ebenso zentralen wie vielschichtigen Begriff entwickelt. Der Sammelband beleuchtet die unterschiedlichen Aspekte des Begriffs, analysiert Entwicklungstendenzen, diskutiert gel ste und ungel ste Fragen des geltenden Rechts und zeigt rechtspolitische Perspektiven auf.

This volume includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Council/Committee of the Supreme People's Court, and cases discussed at the Joint Meetings of Presiding Judges from the various tribunals. This book is divided into four sections, including Cases by Justices, Selected Judicial Opinion(s), "Hot Cases" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear, and accurate manner.This volume 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 and serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opted 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.

Borkowski's Textbook on Roman Law is the leading contemporary textbook in the field of Roman law, and has been written with undergraduate students firmly in mind. The book provides a clear and highly engaging account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The book gives a comprehensive overview of both the historical context and modern relevance of Roman law today. Included are references to a wide range of scholarly texts, to ground the judicious account of Roman law firmly in contemporary scholarship. There are also examples from legal practice, as well as truncated timelines at the start of each chapter to illustrate how the law developed over time. The book contains a wealth of learning features, including chapter summaries, diagrams and maps. A major feature of the book is the inclusion of translated extracts from the most important sources of Roman law: the Digest and the Institutes of Justinian. Annotated further reading sections at the end of each chapter act as a guide to further enquiry. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include: * Self-test questions on the key topics of Roman law give students the opportunity to test learning. These questions test factual knowledge to help consolidate understanding of key topics and they are interactive providing the correct answer to each question and a reference to the relevant part of the textbook. * Revision sheets and sample essay questions aid exam preparation. * An interactive timeline supplements the list of dates featured in the introduction to the textbook. It may also be used as a schematic guide to chapter 1 (Introduction: Rome-a historical sketch). The timeline provides a chronological overview of the development of Roman private law in its political and historical context. * Short biographies of key figures to be used in conjunction with the timeline to supplement the discussion of the jurists in chapter 2 (The sources of Roman law). * There is also a glossary of Latin terms; annotated web links; guidance on finding Roman law texts and associated literature; and tips regarding textual analysis to guide the reader in interpreting the texts.

This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries). These nations are apt to be placed in an economically disadvantageous situation within the opportunity of communalization of legal systems being advanced by the ASEAN Economic Community (AEC) launched in 2015, and the book clarifies the dynamics of the changes within these legal systems. Concurrently, there is an intention to analyze the "legal system development support" that has continued to be provided to these countries since the mid-1990s via international development support from international organizations and developed countries including Japan. In particular, the emphasis has been on the area of civil law, where the main subject of Japan's support has been centered on the civil code and civil procedure code. The legal system of the recipient country is complicated by the crisscrossing of the remnants of previous eras, from the inherent laws that have existed since before colonization, the laws of the colonial powers that were introduced during the colonial era (French law in Cambodia, Laos, and Vietnam; English law in Myanmar), the influence of socialist law after independence from colonization, and the path of modern industrialization and development, such that one country's legal system is the combination of all of these influences. For the reader to understand the dynamics of these changing laws, each chapter of the book combines two methodological perspectives. The first is to ascertain the spatial range as to how far the civil law extends across social phenomena. The second is a historical perspective in which the trends in legal changes will be understood on a time axis.

Mit zwei Urteilen vom 04. Juli 2017 erklarte der Bundesgerichtshof eine zwischen Kreditinstituten und Unternehmen vereinbarte Vertragsklausel uber ein "Bearbeitungsentgelt fur Vertragsschluss" fur unwirksam. Aufgrund der verbreiteten Verwendung solcher Klauseln in der Unternehmensfinanzierung und deren langjahriger Billigung durch die Rechtsprechung hat diese Entscheidung weitreichende Konsequenzen. Vor diesem Hintergrund zeigt der Autor, dass weiterhin ein praktisches Bedurfnis fur die rechtssichere Vereinbarung von Bankentgelten besteht. Am Beispiel von Entgeltklauseln stellt er dar, dass die AGB-Kontrolle im unternehmerischen Geschaftsverkehr auf flexible Gestaltungen und einen differenzierten Auslegungsmassstab angewiesen ist.

Parallelverfahren vor staatlichen Gerichten und Schiedsgerichten sind ein prozessualer Dauerbrenner und insbesondere im Rahmen des Kompetenzkonflikts hochbrisant. Im Kompetenzkonflikt sind Parallelverfahren aufgrund der vielfaltigen gesetzlichen Moeglichkeiten, eine Klarung der Kompetenzfrage vor unterschiedlichen Gerichten zu erreichen, geradezu exemplarisch. Sie stellen das Prozessrecht vor die Herausforderung, diese effektiv zu koordinieren und divergierende Zustandigkeitsentscheidungen zu vermeiden. Neben dem klassischen Kompetenzkonflikt zwischen Staatsgerichten und Schiedsgerichten widmet sich die Autorin auch etwaigen Verfahrenskonflikten an der Schnittstelle von Kompetenzklarung und parallelen staatlichen Verfahren.

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.

Presenting the law of tort as a body of principles, this authoritative textbook gives an incisive understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by diagrams and tables which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, whilst key reform proposals and leading cases from other jurisdictions illustrate different potential solutions to conundrums in tort law. Ten additional chapters on more advanced topics can be found online, completing the learning package. This new edition has been updated to take account of important cases, legislative developments and law reform studies since July 2015.

This book explores a hitherto unexamined possibility of justifiable disobedience opened up by John Rawls' Law of Peoples. This is the possibility of disobedience justified by appeal to standards of decency that are shared by peoples who do not otherwise share commitments to the same principles of justice, and whose societies are organized according to very different basic social institutions. Justified by appeal to shared decency standards, disobedience by diverse state and non-state actors indeed challenge injustices in the international system of states. The book considers three case studies: disobedience by the undocumented, disobedient challenges to global economic inequities, and the disobedient disclosure of government secrets. It proposes a substantial analytical redefinition of civil disobedience in a global perspective, identifying the creation of global solidarity relations as its goal. Michael Allen breaks new ground in our understanding of global justice. Traditional views, such as those of Rawls, see justice as a matter of recognizing the moral status of all free and equal person as citizens in a state. Allen argues that this fails to see things from the global perspective. From this perspective disobedience is not merely a matter of social cooperation. Rather, it is a matter of self determination that guarantees the invulnerability of different types of persons and peoples to domination. This makes the disobedience by the undocumented justified, based on the idea that all persons are moral equals, so that all sovereign peoples need to reject dominating forms of social organization for all persons, and not just their own citizens. In an age of mass movements of people, Allen gives us a strong reason to change our practices in treating the undocumented. James Bohman, St Louis University, Danforth Chair in the Humanities This monograph is an important contribution to our thinking on civil disobedience and practices of dissent in a globalized world. This is an era where non-violent social movements have had a significant role in challenging the abuse of power in contexts as diverse, yet interrelated as the Arab Spring protests and the Occupy protests. Moreover, while protests such as these speak to a local political horizon, they also have a global footprint, catalyzing a transnational dialogue about global justice, political strategy and cosmopolitan solidarity. Speaking directly to such complexities, Allen makes a compelling case for a global perspective regarding civil disobedience. Anyone interested in how the dynamics of non-violent protest have shaped and reshaped the landscape for democratic engagement in a globalized world will find this book rewarding and insightful. Vasuki Nesiah, New York University

The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.

This book studies the fundamental conflicts between the protections on the legal rights and interests of victims and the freedom of infringers to act first. It is divided into four parts, the first of which explores the relevant legal methodology in order to provide possible solutions to difficult problems in Chinese tort liability law. Secondly, it puts forward a range of suggestions on how to resolve key issues in China's torts liability law, including the general provisions; the provisions concerning the fault principle; the provisions of the non-fault principle; the special liability relation; damages; and defenses and related issues. Thirdly, the book addresses major institutional issues, including: the theory of consensus force; joint infringements; and operators' duty of care; as well as several key relations: between the right to claim insurance compensation and the right to claim compensation for personal injury; between the right to claim tort liability and the right to exercise property rights; and between the right to claim tort liability and the right to reject unjust enrichment. Further aspects in this section include compensation for death; mental damages; pure economic loss and compensation; punitive compensation; and compensation for road traffic accidents. Lastly, the book explores special issues in tort liability law, e.g. the infringement of media rights, and the specific tort liability in various administrative laws and regulations.

Das Buch zeichnet die rechtshistorische Entwicklung eines der problematischsten Bereiche des heutigen Betreuungsrechts nach. In zeitlicher Hinsicht erstreckt sich die Darstellung vom Ausgang der fruhen Neuzeit (1794) uber das 20. Jahrhundert bis in die Gegenwart. Dabei liegt der Fokus zunachst auf den preussischen Regelungen des Allgemeinen Landrechts und der Vormundschaftsordnung, erweitert sich aber spater mit Geltung des Burgerlichen Gesetzbuches auch auf die ubrigen deutschen Lander. Wiederkehrende Fragestellungen, wie etwa der Stellenwert des fursorgerechtlichen Unterbringungsbegriffs, die Rolle der Gutachter im Verfahren oder aber die Abgrenzung zu anderen Formen der Unterbringung werden jeweils epochenweise beleuchtet. Daruber hinaus leistet der Autor durch die Darstellung der Behandlung psychisch kranker Menschen einen sozialgeschichtlichen Beitrag und stellt somit eine Verbindung zwischen der Disziplin des Rechts und der Sozialwissenschaft her.

This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. The third part includes chapters on those states that are not Parties to the Convention, which compare their national laws and the Convention to find unique features of the Cape Town Convention's rules. The fourth part discusses the meaning of Protocols on aircraft, railway rolling stock and space assets from the practitioner's point of view. As a whole, the book offers insights into the new stage of uniform private law and shows the need for further examination of the subject, which will be essential for international and national legislators, academics of comparative and international private law as well as practitioners who are the users of the uniform law regime.

This volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to the body, mind or emotions suffered by the plaintiff under tort and/or civil law regulations. Damages related to the injury can be pecuniary or non-pecuniary in nature. Although several comparative studies and research projects on tort and civil law and personal injury claims aimed at developing new tools for promoting harmonization of private law have been performed at an international level, heterogeneity and divergences still exist in the definition and compensation of personal injury and damage across different national legislative systems. The starting point for any awarding procedure should be a medical, or rather a medico-legal, assessment to gain evidence on the trauma or event causing the injury, the mechanism of injury, the pre-existing health status of the injured party, and the health consequences of the injury (temporary and permanent impairment, work incapacity, etc.). In order to pursue the ultimate goal of an international harmonization of personal injury compensation, it is of upmost importance to define the quality requirements for the medico-legal ascertainment methodology, which are essential for guaranteeing the objectivity, rigor, and reproducibility of the data and the evidence collection procedure. Currently, there are no supra-national medico-legal guidelines dealing with the ascertainment methodology of personal injury and damage under tort and civil law.

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 book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families. When courts respond to these claims with rigid concepts of what a family is and what marriage is as if legal concepts where unmodifiable, same-sex couples have remained outside the protection of the law. Until forty years ago marriage was the only union considered legitimate to form a family. Today more than 30 countries have granted rights to same sex couples, including several that have opened up marriage to couples of the same sex. Every day there is a new bill being discussed or a new claim being brought to courts seeking formal recognition of same sex couples. Not all countries are open to changing their legal structures to accommodate same-sex couples, but even those with no visible changes are witnessing new voices in their communities challenging the status quo and envisioning more flexible legal systems.

This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.