This comprehensive book presents the English law of contract and tort in the context of a European law of obligations.Law of Obligations provides the reader with an overview of contract and tort as well as an introduction to the law of obligations in the civil (or continental) law tradition. The book is considered an extensive introduction to the western law of obligations, but with an emphasis on English law. Arising out of the analysis of the two legal traditions, Geoffrey Samuel raises questions about the appropriateness of importing the obligations category into the common law. He also highlights what has been termed the ?harmonisation debate?; should the law of obligations be harmonised at a European ? or even international level? The debate raises some fundamental issues not just about legal traditions and about the law of obligations itself, but also about comparative law theory and methodology.Designed with English law students and jurists in mind, this book will be an invaluable tool for researching contract, tort and the law of obligations. It is an original contribution not only to European private law but equally to comparative legal studies.

Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia's trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor-State dispute settlement. Through a critical exploration of evolving patterns of treaty practice, the authors address the complex relationship between international economic law and a State's regulatory autonomy in the key areas of intellectual property, services, and investment. This insightful investigation highlights problems of inconsistency across treaties, limited transparency and consultation in the negotiation of treaties, and increasing restrictions on policy space in intellectual property protection. These factors are all crucial in preserving a country's ability to pursue policy objectives such as protecting public health and the environment while capturing the benefits of international trade and foreign investment. This discerning book will prove instrumental to scholars and practitioners in the fields of international trade law, international investment law, public international law, and intellectual property. It will also appeal to government agencies and international organisations working in these areas or in matters of public health or the environment.

This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right. Key features include: the first book to focus on jurisdiction strategies in intellectual property litigation coverage of intellectual property and private international law analysis of the latest case law of national courts and the European Court of Justice including, Case C-523/10, Wintersteiger and Case C-360/12, Coty Prestige helpful diagrams and tables providing easy access to key information and decision points a state-of-the-art overview of the relevant legal framework, including the Unified Patent Court Jurisdiction and the new European Union Trademark Regulation. Intellectual Property Jurisdiction Strategies is an essential resource for intellectual property practitioners throughout the EU. It will also appeal to advanced students and academics needing an up-to-date reference for research into intellectual property law and policy.

Harvard Law-graduate authors Yussuf Aleem and Jake Slowik built a multi-million dollar law practice before they were 30 years old using a novel strategy of business niche specialization. They have now written the story behind their success so that other attorneys can learn from their methods and grow their own successful practices. Drawing on the authors'? own experiences and lessons with illustrative examples and real-life applications, the book teaches how they used a novel strategy of business niche specialization to quickly grow their law practice amidst a rapidly changing global economy. The book illustrates why business niche specialization worked for the authors, the characteristics of a business niche that make it right for a law practice, and how the authors adopted specific business tactics that aligned with their strategy and maximized their chances for success. Its innovative, tried and true methods have been broken down into applicable steps so that a strategy can be developed and executed in a way that works for the reader and their specific skill set. From new lawyers who are looking to jumpstart their legal career to established attorneys who need to revitalize their practice and boost their marketability, this book presents an opportunity to anyone who is struggling to succeed in the legal marketplace.

This Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports. Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace? The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area. This Research Handbook will be of interest to academics, judges and other practitioners looking for an in-depth study on the topic, offering both of detailed analysis of the current state of play, and a discussion of the challenges that arise on a global scale. Contributors include: F.M. Abbott, I. Calboli, V. Chiappetta, A.G. Chronopoulos, C.M. Correa, J.I. Correa, J. Drexl, S. Frankel, D.J. Gervais, S. Ghosh, C. Heath, R.M. Hilty, A. Katz, B. Kim, M. LaFrance, E. Lee, Y.J. Liebesman, K.-C. Liu, N.-L.W. Loon, S.M. Maniatis, K.E. Maskus, P.-E. Moyse, Y. Pai, A. Perzanowski, J.H. Reichmann, J.A. Rothchild, J. Schultz, C.M. Stothers, M. Trimble, M.S. Van Houweling, S.R. Wasserman Rajec, G. Westkamp, B. Wilson, C. Yin, X. Yu

This second edition has been completely rewritten to reflect recent changes and new trends that have emerged since the popular first edition was published. Copyright law has become a fast moving area, which is reflected in the wealth and diversity of research. This comprehensive Research Handbook is situated at the cutting edge of current copyright research, with each chapter written by a leading author in that particular field. The Research Handbook begins with an examination of fundamental questions such as the historical foundations of copyright, the basic concept of originality and the significant discussion on communication to the public. The contributors then focus on moral rights and the artist resale right. In-depth treatment of specialist topics is provided, including copyright contracts, collective management, issues surrounding streaming and sampling, cultural heritage, orphan works, search engines and the potential for a public policy exclusion. The Research Handbook provides global coverage while also considering specific jurisdictions and private international law. The Research Handbook on Copyright Law is a rich research tool that reflects the wealth and diversity of the ongoing research in copyright. It is essential reading for students and researchers in copyright and intellectual property law, as well as practitioners and policymakers. Contributors include: P.C. Aguila, F. Brison, S. Depreeuw, G. Dimita, Y. Gendreau, N.H.B. Hang, M.-C. Janssens, B.J. Jutte, T. Kien, J. Koo, A. Lucas-Schloetter, G. Minero, B. Mullisi, S. Nerisson, J. Pila, E. Rengifo, T. Riis, J. Schovsbo, I.A. Stamatoudi, U. Suthersanen, M.J. Tawfik, P. Torremans, H. Vanhees, C. Waelde

Although the world faces many environmental challenges, climate change continues to demand attention in both academic and public spheres. Innovation Addressing Climate Change Challenges explores ways in which market-based instruments and complementary policies can help countries meet their climate change goals following the Paris Agreement.In this insightful book, internationally distinguished climate change scholars have come together to examine the potential of a range of market-based instruments. These include carbon pricing, coal subsidies, vehicle taxation, government incentives for the electricity sector, and noise pollution taxes. Offering useful market-based perspectives, the book not only demonstrates the possibilities that these various instruments offer in reducing the risks of climate change, but also the challenges that exist in utilizing them. These insights will help to inform the many climate policy decisions that lie ahead.Astute and forward thinking, this timely book will be of vital importance to both students and scholars of environmental law and environmental economics with a particular focus on climate change. Political science students, as well as government officials, will also find its guidance on future policy engaging and timely.

Arbitration has been promoted as the future of tax dispute resolution in recent years in line with the increase in complexity of international tax law. This authoritative book presents existing legal rules on the matter, provides a review of the arguments in favour of tax arbitration, discusses the practical and legal challenges for its wide-spread adoption and compatibility with existing domestic and international norms. It also answers key questions for the practical implementation of a modern tax arbitration system. Key Features: Comprehensive analysis of the existing tax treaty framework and their application to MAP and arbitration Up-to-date guidance on the best practices in alternative dispute resolution to ensure effective and efficient dispute resolution Original insights from dispute resolution mechanisms found in non-tax areas such as trade and investment law In-depth discussion of primary and secondary EU law rules on tax dispute resolution, including implications of EU general principles, fundamental rights and internal market rules Identifying some of the new issues in tax arbitration and offering views on how to tackle them in the most appropriate way, this book will be a key resource for tax law practitioners looking for the latest insights on how to navigate the legal framework for alternative tax dispute resolution. Students and academics focusing on commercial and tax law will also benefit from this detailed guide.

Hoe toets jy die staal van 'n man wat jou beeldskone dogter van jou af wil wegneem? In hierdie roman word die leser op reis geneem deur Angola se jagvelde, op soek na 'n reuse-olifantbul – maar dis meer as 'n dramatiese jagtog. Avontuur, romantiek en manlike drif, Namibie se ruimtes – dit is die kombinasie waarmee Doc Immelman se vreeslose skrywershand dekades al sy meer as 30 000 lesers gevange hou. Self ’n jagter, skryf Immelman uit eerstehandse ervaring. In sy romans bly die harde verlatenheid van die land noordwes van Suid-Afrika ’n werklikheid.

The securitization that accompanied many national responses after 11 September 2001, along with the shortfalls of neo-liberalism, created waves of opposition to the growth of the human rights regime. By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyzes the way forward in an era of many challenges. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, the expert contributors analyze trends across multiple-issue areas. These include; international institutions, humanitarian action, censorship and communications, discrimination, human trafficking, counter-terrorism, corporate social responsibility and civil society and social movements. The topical chapters also provide a comprehensive review of the widening citizenship gaps in human rights coverage for refugees, women?s rights in patriarchal societies, and civil liberties in chronic conflict. This timely study will be invaluable reading for academics, upper-level undergraduates, and those studying graduate courses relating to international relations, human rights, and global governance. Contributors include: K. Ainley, G. Andreopolous, C. Apodaca, P. Ayoub, Y. Bei, N. Bennett, K. Caldwell, F. Cherif, M. Etter, J. Faust, S. Ganesh, F. Gomez Isa, A. Jimenez-Bacardi, N. Katona, B. Linder, K. Lukas, J. Planitzer, W. Sandholtz, G. Shafir, C. Stohl, M. Stohl, A. Vestergaard, C. Wright

Sarina Dönges het reeds in Nuwwe Stemme 2 gedigte gelewer met beeldryke omskrywings wat die leser deur drome op reis neem. Haar debuutbundel is ryk aan Bybelse intertekste, verwysings uit die kuns en teater. Bekende karakters en figure (Plato, Byron, Pope, Galileo, Boeddha, Dalí, Plath, Ana Blandiana) word betrek by haar verse oor verlore liefde, drome en die dood. Ook tree sy in gesprek met bekende Suid-Afrikaanse skrywers in ’n bundel wat ryk aan intertekste is.

ons het haar op ’n Meidag begrawe

in die boekery van ons gedagtes

(waar sy later stof sal opgaar) enklave

buite ons gebied ...

... verslete

in haar omslag, binne die bindwerk

broos, bly sy vir jou ’n geslote boek;

die dag in sy duifgrys pak, bloot boekmerk.

Papers read to the Fifth British Legal History Conference illustrating the dynamic interchange between law and the society and cultural opinions that produce it.

Twenty-five years after the introduction of European citizenship, it seems as though the EU has overreached itself. In its current state the EU provokes much negative political reaction among its citizens. Conversely, interest in European issues has increased during the crisis, pro-European social movements have emerged and new debates on reforms of the Union?s architecture are flaring up. Through updated and integrated multidisciplinary research this book reconsiders the contradictions and constraints, as well as the promises and prospects, for the future of EU citizenship. With chapters from leading researchers in the field, Reconsidering EU Citizenship is an innovative contribution to the lively debate on European and transnational citizenship. Bringing together policy research and reflections from political theory, this book offers an up-to-date critique of the current state of EU citizenship as well as new insights for its future. As citizenship rights issues become more prominent on the EU policy-making agenda, Reconsidering EU Citizenship will be an invaluable resource to students of EU policy as well as policy-makers and practitioners in the field. Contributors include: F. Cheneval, H. Dean, O. Eberl, M. Ferrin, V. Hlousek, M. Hoogenboom, J. Komarek, V. Koska, M. Prak, S. Seubert, C. Strunck, P. van Parijs, F. Van Waarden

'Hearing grasshoppers jump' - or keeping one's ear so close to the ground that one can detect the slightest movement - is one of the nuggets of practical wisdom that have guided Raymond Ackerman throughout his life and career. As this lively and immensely readable story makes clear, he is a man of enormous energy and passion, often in the public spotlight, always on the move, yet at the same time a private, reflective person, who has kept a detailed daily diary for most of his life and who takes the time to listen, to keep his ear to the ground and so seize the opportunities when they present themselves. And what opportunities they have been.

Raymond Ackerman, South Africa's most successful retailer, was born with retailing in his blood. His father, Gus, built up the Ackermans chain into a household name with great flair and determination. Raymond Ackerman himself made his mark early as the innovative head of the Checkers food chain, until that fateful day in 1966 when he was summarily dismissed by the old-guard management - a dismissal that has been described as 'the single greatest error in South African business'. It was also the beginning of Raymond Ackerman's greatest triumph, for that push led to the growth of the national Pick 'n Pay chain and to a story of phenomenal success.

This book is a personal account of a man whose private passions and values have animated a company and whose life has been so much more than mere business. Not everyone may agree with some of his stands or positions but no one can fail to appreciate the frankness and liveliness of his down-to-earth story or fail to be won over by his passionate, positive engagement with his country and with life

The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers. Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons. This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create. Contributors include: W. Banks, G. Corn, E. Crawford, A. Cullen, L. Davies-Bright, G. Gaggioli, R. Geiss, T.D. Gill, R. Heinsch, I.S. Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P. Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N. White

This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.

The Spirit of Laws is one of the most influential books of all time. This masterpiece of political philosophy was widely read throughout Europe, attracted an especially enthusiastic readership in England, and had a profound effect on the framers of the American Constitution. Montesquieu (1689-1755), already famous and controversial through his Persian Letters, a work of his youth in which he humorously satirized the foibles of French society, turned in his later years to this serious treatise on the nature of law. But though the subject itself was profound, this gravitas did not inhibit the famous Montesquieu wit. Master of the pithy bon mot, he managed to survey a great deal of political and philosophical territory while keeping his readers charmed with memorable and artfully turned phrases. "Liberty," he says, "consists in the ability to do what one ought to desire and in not being forced to do what one ought not to desire." Concerning the unpopularity of the English in France, he says it is due to their arrogance, which is such that even in peace "they seem to negotiate with none but enemies."
The scope of this masterful work is truly prodigious. Montesquieu explores the essentials of good government; compares and contrasts despotism, monarchy, and democracy; and discusses the factors that lead to corruption of governments. Among the many other topics considered are education of the citizenry, crime and punishment, abuse of power and of liberty, individual rights, taxation, slavery, the role of women, the influence of climate on the temper of a people and their form of government, commerce, religion, and a host of additional subjects.

The Spirit of Laws is essential and genuinely enjoyable reading for anyone interested in the development of democracy.

Since the UK Gambling Act of 2005 was introduced, gambling has stopped being seen, politically and legally as an inherent vice and is now viewed as a legitimate form of entertainment. Gambling Regulation and Vulnerability explores the laws around gambling that aim to protect society and individuals, examining the differences between regulatory rhetoric and the impact of legislative and regulatory measures. Malgorzata Carran finds that although the Gambling Act introduced many positive changes to gambling regulation, it has created an environment in which protection of vulnerable individuals becomes difficult. Carran challenges the existing legislative premise that regulation alone is able to balance the effect of liberalisation for those who are vulnerable. Uniquely, this book?s findings are underpinned by empirical data from focus groups carried out with children and young people in secondary schools. The young people interviewed have experienced the transition from a contained, to liberalised gambling industry and unless there is a reversal in policy, no comparable empirical data is ever likely to be collected. This title will appeal to academics exploring regulation, sociology, and law and society. Similarly, regulators and those working with the gambling industry will find this an insightful and illuminating text.

Focusing on the information economy, free trade exploitation, and confronting terrorist violence, Mark Findlay critiques law's regulatory commodification. Conventional legal regulatory modes such as theft and intellectual property are being challenged by waves of property access and use, which demand the rethinking of property 'rights' and their relationships with the law. Law's Regulatory Relevance? theorises how the law should reposition itself in order to help rather than hinder new pathways of market power, by confronting the dominant neo-liberal economic model that values property through scarcity. With in-depth analysis of empirical case studies, the author explores how law is returning to its communal utility in strengthening social ties, which will in turn restore property as social relations rather than market commodities. In a world of contested narratives about property valuing, law needs to ground its inherent regulatory relevance in the ordering of social change. This book is an essential read for students of law and regulation wanting to explore the contemporary dissent against neo-liberal market economies and the issues of communitarian governance and social resistance. It will also appeal to policy makers interested in law's failing regulatory capacity, particularly through criminalising attacks on conventional property rights, by offering insights into why law's regulatory relevance is at a cross-roads.

This collection of specially commissioned chapters takes one of the oldest theoretical approaches on federalism in the law and puts it in the service of the new empirically minded law and economics. A federalist structure, at least in principle, allows for quasi-experimental examinations and evaluations of the effects of various policies that would be more difficult in unitary systems. Although legal scholars have talked about this topic for decades, rarely has the law and economics literature treated federalism empirically in such a systematic and useful way. The Law and Economics of Federalism begins with a generalized discussion of US federalism in the environmental context and in social welfare programs. Additionally, new empirical work is provided on the effect of state regulations on entrepreneurism, consumer protection law and crime policies. Expert contributors then turn to an analysis of inter-jurisdictional arrangements on the development of Native American communities, as well as the interplay among the levels of government on budgetary issues. Lastly, the book addresses the notable dearth of empirical analysis of federalism in the EU with an illuminating analysis of the EU's institutional background that will spur comparable empirical work in the future. This unique study offers valuable insights on federalism that will be welcomed by students and academics in law and economics. The innovative proposals on federalism as a vehicle for the empirical identification of policy effects will be of great interest to policymakers. Contributors include: T.L. Anderson, M.P. Bitler, J.A. Dove, M. Faure, R.K. Fleck, B. Galle, J.B. Gelbach, F.A. Hanson, J. Klick, D. Parker, R.S. Sobel, J.D. Wright, M. Zavodny