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Content Licensing is a wide-ranging and comprehensive guide to
providing content for dissemination electronically. It outlines a
step-by-step introduction to the why, how, and frequently asked
questions of digital content and how to license it. In addition, it
examines the context in which licensing takes place. What makes the
book unique is that it examines licensing from a range of
perspectives.
Inherent to and at the very core of the right to a fair criminal trial under Article 6 of the European Convention on Human Rights is the concept of equality of arms (procedural equality) between the parties, the construct given detailed and innovative treatment in this book. As a contextual prelude to more specific analysis of this concept under Article 6, certain influential historical developments in trial safeguards which mark a centuries-long evolution in standards of, and the value attributed to, procedural fairness are identified to establish a background to Article 6 before its inception. Thereafter, the book offers a thorough theoretical insight into equality of arms, investigating its multi-faceted value, identifying its contemporary legal basis in Article 6 and in international law, and defining its fundamental constituent elements to elucidate its nature, including its underpinning relationship with Article 6(3). The book argues that the most important of these constituent elementsthe requirement of 'disadvantage'is not equated by the European Court of Human Rights with inequality in itself, which would be a dignitarian interpretation, but with inequality that gives rise to actual or, in some circumstances, inevitable prejudice. This proposition is the golden thread running through the analytical heart of the books survey of case-law in which the Court's approach to procedural equality in practice is demonstrated and assessed within the context of the Article 6(3) rights to challenge and call witness evidence, to adequate time and facilities, and to legal assistance.The end result is a book for both scholars and practitioners that will not only forge an enhanced general understanding of procedural fairness safeguards and standards, including from a historical perspective, but also provoke, more specifically, new reflection on the concept of equality of arms.
The fourth edition of International Business Law and the Legal Environment: A Transactional Approach gives business and law students a clear understanding of the legal principles that govern international business. This book goes beyond compliance by emphasizing how to use the law to create value and competitive advantage. DiMatteo's transactional approach walks students through key business transactions-from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more-giving them both context and providing real-world applications. More concise than previous editions, this new edition also features: * Added coverage of new technologies, such as smart contracts, digital platforms, and blockchain technology * Discussion of businesses and sustainability, climate change, and creating a circular economy * Greater focus on UNIDROIT Principles and a review of INCOTERMS 2020 * Expansion of common carrier coverage to include CMI trucking and CMR railway conventions * International perspective and use of a variety of national and international law materials * Great coverage of EU substantive law Upper-level undergraduate and postgraduate students of business law and international business will appreciate DiMatteo's lucid writing style, and professionals will find this book to be a comprehensive resource. Online resources include an instructor's manual, PowerPoint slides, test bank, and other tools to provide additional support for students and instructors.
Regularly amended and updated since its entry into force, this agreement contains the conditions under which dangerous goods may be carried internationally. This revised version is based on amendments applicable as from 1 January 2023.
This book contains a collection of economic and legal essays written by academics and practitioners who contributed to the elective Master's course 'State Aid and Public Procurement in the European Union' at Maastricht University, and to two conferences on State aid and public procurement organised in Maastricht in 2013 and 2014. The course, the conferences and this book aim to provide stakeholders - students, but also academics, practitioners, civil servants, and consumers - with a better knowledge of the EU rules on public procurement and State aid. By treating these two legal fields in one volume, the book also intends to draw attention to the largely unexplored links and interfaces between public procurement and State aid rules, which both aim to complete the internal market and to prevent the distortion of competition. Both fields also share common concepts, and furthermore observance of public procurement rules may limit the risk of individual transactions being qualified as State aid (as the Altmark case law and related Commission packages illustrate). In 2011, the European Commission's Education, Audiovisual and Culture Executive Agency EACEA recognised the course 'State Aid and Public Procurement in the European Union' as a Jean Monnet European Module (Lifelong Learning Programme).
This book helps lawyers, practitioners, legislators and students
understand and cope with the challenges of e-commerce, and to learn
about the most up-to-date technology and regulation of Online
Dispute Resolution (ODR). It introduces different forms of online
dispute resolution, against the background of Alternative Dispute
Resolution (ADR) developments in the off-line environment;
crucially, it examines the current technology and legal status of
ODR in the EU, US, Asia and Australia, and discusses the relations
between the various parties in dispute resolutions, especially the
Fifth party for the provider of the technology. It further analyses
the four most successful examples, such as Michigan Cybercourt,
WIPO-UDRP, eBay-SquareTrade and AAA-CyberSettle. Finally, a
proposal for resolving e-contract disputes via ODR is provided, and
a code of conduct recommended in order to regulate the electronic
commerce market.
This book is the first comprehensive account of contractual estoppel. Contractual estoppel is a new and exciting development in the common law, widely employed and of considerable practical utility. The concept has been noticed by academics, mostly to be criticised as anomaly, misnomer and an objectionable policy choice, and commentary on the concept has been limited to recitation and critique of a few principal cases. Yet this book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. In this new title, the author, Alexander Trukhtanov, responds to policy objections and seeks to answer the charge that contractual estoppel is a misnomer, anomaly or distortion of reliance-based categories of estoppel, by showing that contractual estoppel is its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.
From trade relations to greenhouse gasses, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. The Oxford Guide to Treaties provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Leading experts provide essays designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These scholarly treatments are complimented by a set of model treaty clauses. Real examples illustrate the approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The Oxford Guide to Treaties thus provides an authoritative reference point for anyone involved in the creation or interpretation of treaties or other forms of international agreement.
This twenty-third volume of annotated leading case law of international criminal tribunals contains decisions taken by the International Criminal Court in the period 2004-2007. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included. Contributors: Denis Abels, Kai Ambos, Ccile Aptel, Amir Cengic, Annelisa Ciampi, Annemarie De Brouwer, Karel de Meester, Hkan Friman, Marc Groenhuijsen, Dov Jacobs, Erik Kok, Gunal Mettraux, Ioannis Naziris, Astrid Reisinger, Lela Scott, Sergey Vasiliev, Alexander Zahar and Salvatore Zappala
The task of researching gangs is fraught with difficulties, central to which are issues of definition and reliance on certain forms of data for analyses. These methodological issues have been acknowledged as limitations in most of the existing research, but they have not been explored as being potentially serious flaws contributing to the proliferation of myth, or as aggravating factors that exacerbate what is essentially a relatively uncomplicated social process. Also unclear from existing studies is the extent to which suppositions about gangs feed moral panics or contribute to the misidentification or over-specification of a problem. This captivating volume focuses on gangs, their formation, identity and behaviour with a view to developing a preventive strategy.
This book makes a valuable contribution to the current discussion regarding the private enforcement of competition law, particularly through the use of group litigation. Forms of group litigation are debated not only at the European level, but in countries worldwide. Policy makers, practitioners, and academics alike can draw relevant insights about the potentials and pitfalls of group litigation mechanisms. The framework developed allows for the evaluation of existing forms of group litigation, such as those already being used in the US, the UK, and Germany. Moreover, through the analysis, a picture of the optimal form of group litigation in any context emerges. The analysis highlights the necessary trade-offs and choices any society contemplating the introduction of group litigation into their legal system - not only in the area of competition law - will have to face.
Digital Rights Management examines the social context of new
digital rights management (DRM) technologies in a lively and
accessible style. It sets out the scope of DRMs in non-technical
terms and then explores the shifts that DRM has produced within the
regime of protection of intellectual property rights (IPRs).
Focusing on the social norms around the protection of IPRs, it
examines the music industry and software development sector to ask
whether the protections established by DRM are legitimate and
socially beneficial. Using these key examples to establish a more
general argument, the books central conclusion is that rather than
merely re-establishing threatened rights, the development of DRM
has extended the rights of intellectual property owners, and that
such an extension violates previous carefully balanced political
compromises as regards the maintenance of the public domain.
The Rental Housing Act 50 of 1999 has been amended substantively by the Rental Housing Amendment Act 35 of 2014. The Amendment Act, which has yet to commence, creates mechanisms to ensure the proper functioning of the South African rental housing market, lays down general principles for governing conflict resolution in the rental housing market, facilitates sound relations between tenants and landlords and lays down general requirements relating to leases. The Rental Housing Act: Amendments, annotations and commentary provides an easy to- follow system to clearly identify changes to the Rental Housing Act by the forthcoming amendments and includes commentary to help the reader understand the amendments and their context and interplay with other provisions of the Act. All amendments are colour-coded, making them easy and quick to identify. This work is the go-to guide on the amended Rental Housing Act and indispensable to any participants in the South African rental housing market, such as landlords, tenants, estate agents, legal practitioners, members of the Rental Housing Tribunal and anyone who seeks to keep abreast of the latest changes to South African rental legislation.
This volume contains the written versions of presentations given at the international conference Convergence and Divergence of Family Law in Europe, organised in Amsterdam in September 2006. The main objective of this conference was to instigate an in-depth discussion regarding various facets of the convergence/divergence discord. Another objective was to give scholars the opportunity to present their respective views in the ongoing debate surrounding convergence, divergence and deliberate harmonisation activities in the field of family law. In the first part of this book the historical and theoretical issues of the convergence/divergence debate and the controversy surrounding the cultural constraints argument are discussed. The second part gives a picture of the contemporary role of convergence/divergence tendencies on a regional level in various parts of Europe. It starts with an overview of the recent trends in the renowned Nordic co-operation in the approximation of family laws, which is generally considered to be the most successful example of regional harmonisation of family laws in Europe. The next article deals with convergence/divergence tendencies in the development of the family law of the Spanish autonomous communities. The following two contributions offer a summary of the convergence and divergence trends in Eastern Europe against the background of such sweeping events as the fall of the Soviet Union, the disintegration of the Eastern block and the accession of a majority of the Central European countries to the EU. The third part of this volume deals with the convergence and divergence tendencies in the following particular fields of family law: marriage, divorce, same-sex relationships, establishment of parenthood and matrimonial property law.
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Due Diligence and Corporate Governance is a general guide to a
subject of growing importance. This handbook shows you how due
diligence is used to assess the risk of any transaction, customer
or investor for all businesses regardless of size or location.
In line with its strong position in clinical research, Belgium was
one of the first European Member States where the implementing
regulation of the Clinical Trials Directive is fully operational.
The specific conditions provided for in the legislation concerning
experiments on the human person reinforce Belgium as a very
attractive host for clinical trials, ensuring a lasting environment
for innovative research.
This essential guide vital new changes by the European Commission
to the law governing the enforceability of intellectual property
licences in Europe. Agreements which contain the grant of a licence
by one party to another of intellectual property rights are subject
to European competition (anti-trust) laws. In particular, many
agreements containing licences of patent rights and rights in
confidential information and technical know-how are caught by
Article 81(1) of the EC Treaty, which prohibits agreements between
undertakings which prevent, restrict or distort competition in the
Common Market. However, because licences of intellectual property
rights usually facilitate the transfer of technology from one
undertaking to another, and the licensor and licensee will often
operate at different levels of the market, many licences of
intellectual property rights may benefit from an automatic
exemption under Article 81(3) of the EC Treaty. On 1 May 2004, this
exemption is being radically overhauled, as part of the European
Commission s drive to modernise European competition law. This book
examines the changes in that legislation.
Based on case studies spanning time and geography from the Spanish to the Nigerian civil wars, to government repression in Argentina and genocidal policies in Guatemala and Rwanda and, finally, to forced population removal in Australia and Israel, this collection represents a focused attempt to come to grips with some of the strategies used to publicly engage with traumatic memory work. The various essays offer a kaleidoscopic perspective of new approaches to show how such memory work contributes to transitional justice efforts, demonstrating the complexities of achieving justice and reconciliation through the open expression of shared memories of violence.
Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.
This important Research Handbook provides a holistic analysis of the development of the European Union's migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation. Featuring contributions from key legal specialists in EU migration and asylum law, chapters in this Research Handbook consider a variety of issues including, but not limited to, the role of the institutional framework, visas, borders, family and labour migration, refugee protection, mobility, solidarity, and externalisation. It also offers an examination of the effect of the migration 'crisis' on EU asylum and migration law and the potential legal changes this may cause, as well as a survey of the developments of the New Pact on Migration and Asylum presented by the European Commission in 2020. Topical and comprehensive, the Research Handbook on EU Migration and Asylum Law is a must read for students and academics interested in EU law, human rights, migration, and refugee law and politics. Its insights will also help to inform the work of practitioners and policy makers, and other experts in the areas of migration, asylum, EU law, and EU integration.
Essential Java serves as an introduction to the programming
language, Java, for scientists and engineers, and can also be used
by experienced programmers wishing to learn Java as an additional
language. The book focuses on how Java, and object-oriented
programming, can be used to solve science and engineering problems.
In The Ohio State Constitution, Steven Steinglass and Gino
Scarselli provide a comprehensive and accessible resource on the
history of constitutional development and law in Ohio. This
essential volume begins with an introductory essay outlining the
history of the Ohio State Constitution and includes a detailed
section-by-section commentary, providing insight and analysis on
the case law, politics and cultural changes that have shaped Ohio's
governing document. A complete list of all proposed amendments to
the Constitution from 1851 to the present and relevant cases are
included in easy-to-reference tables along with a bibliographical
essay that aids further research. Previously published by
Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries on the State Constitutions of the United States.
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