Die historisch gewachsenen nationalen Haftungsrechte in der EU stehen vor einer unbewaltigten doppelten Herausforderung: Zum einen die Anpassung an die (post)industrielle Moderne (Stichworte: Risiken, Versicherung, Unternehmenshaftung); zum anderen die Harmonisierung in dem gemeinsamen Binnenmarkt der EG und in dem Verfassungsraum der EU. Der Verfasser misstraut allfalligen Kodifikations- und Vereinheitlichungsinitiativen. Er setzt auf die Annaherung "von unten," d. h. uber die vorfindlichen Rechtsordnungen der Mitgliedstaaten. Dies setzt einen europaischen Diskurs uber Struktur, Prinzipien und Schutzbereich voraus. Hierzu leistet der Verfasser fur das Haftungsrecht einen Beitrag. In kritischer Auseinandersetzung mit dem deutschen Recht und mit vergleichendem Blick auf das englische und amerikanische sowie das franzosische Recht arbeitet er Entwicklungsperspektiven fur ein europaisches Haftungsrecht heraus."

Unter Berucksichtigung der europaischen Vorgaben erlautert dieses Buch die Auswirkungen des Honorar-Anlageberatungsgesetzes auf die aufsichtsrechtlichen und zivilrechtlichen Anforderungen an eine ordnungsgemasse Honorar-Anlageberatung. Die europaische Finanzmarktrichtlinie MiFID II verfolgt unter anderem die Starkung der unabhangigen Anlageberatung. Der deutsche Gesetzgeber hat bereits im Jahr 2014 darauf reagiert und das Honorar-Anlageberatungsgesetz verabschiedet, das zu einer Starkung und Etablierung der unabhangigen Anlageberatung dienen soll. Denn die provisionsbasierte Anlageberatung hat in der Vergangenheit oft zu Falschberatungen der Anleger gefuhrt. Vor diesem Hintergrund befasst sich das Buch ausfuhrlich mit den neuen aufsichtsrechtlichen Anforderungen an die Honorar-Anlageberatung. Zudem werden die vertraglichen Pflichten der Parteien des Honorar-Anlageberatungsvertrages umfassend untersucht und die Ausgestaltungsmoeglichkeiten des Honoraranspruches dargestellt.

This book provides a comprehensive, global exploration of the scale, scope, threats, and drivers of wildlife trafficking from a criminological perspective. Building on the first edition, it takes into account the significant changes in the international context surrounding these issues since 2013. It provides new examples, updated statistics, and discusses the potential changes arising as a result of COVID-19 and the IPBES 2019 report. It also discusses the shift in trafficking 'hotspots' and the recent projects that have challenged responses to wildlife trafficking. It undertakes a distinctive exploration of who the victims and offenders of wildlife trafficking are as well as analysing the stakeholders who are involved in collaborative efforts to end this devastating green crime. It unpacks the security implications of wildlife trade and trafficking and possible responses and ways to combat it. It provides useful and timely information for social and environmental/life scientists, law enforcement, NGOs, and policy makers.

This collection of essays explores the evolution of anti-discrimination law in European civil law jurisdictions. Historically, scholarship in this area has focused on the common law, which has also taken the lead in developing the theory and practice of anti-discrimination law. This volume breaks new ground by offering a sustained, critical, legal and socio-legal, comparative look at how anti-discrimination is faring in European civil law environments. While it is true that anti-discrimination law is seen as a foreign transplant in some regions, it does not fare poorly across the board. As shown by the case studies herein, the success of anti-discrimination law is found to vary according to its national context, the actors involved, and the evolution of the particular concept or ground of discrimination in question.

This book discusses how Coal Bed Methane (CBM) could help the acceleration of the energy transition in a 'just' way in Indonesia, due to the country's potential CBM reserves (and current dependence on climate damaging coal). Developing countries face multiple challenges in achieving their energy transitions. CBM in Indonesia could potentially be a catalyst for energy transition and subsequently improve access to energy. However, CBM faces numerous challenges and although Indonesia first developed its domestic CBM sector over more than a decade ago, they are still to implement this successfully. This book exposes the challenges and opportunities of CBM, exploring what lessons other countries could learn from Indonesia to improve the industry with a view to achieving energy transition and climate change targets. This book will be an invaluable reference for researchers and practitioners working in this field.

This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law-even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.

How has the Ismaili branch of Shi'i Islam interacted with other Islamic communities throughout history? The groups and movements that make up Islamic civilisation are diverse and varied yet, while scholarship has analysed many branches of Islam in isolation, the exchanges and mutual influences between them has not been sufficiently recognised. This book traces the interactions between Ismaili intellectual thought and the philosophies of other Islamic groups to shed light on the complex and interwoven nature of Islamic civilisation. Based on a broad range of primary sources from the early medieval to the late nineteenth century, the book brings together different disciplines within Islamic Studies to cover polemical and doctrinal literature, law, mysticism, rituals and philosophy. The main Ismaili groups, such as the Fatimids, Nizaris and Tayyibis, are represented, as well as lesser known traditions such as that associated with the mountain region of Badakhshan in Central Asia. Religious syncretism, particularly in the Indian subcontinent and in Yemen, is considered alongside cultural interactions as reflected in the circulation of books in Fatimid markets, and various literary and mythical traditions, some still little explored. The chapters include contributions from leading experts in the field shed new light on the close and complex relationships very different Islamic groups and movements have enjoyed throughout the centuries.

This text, edited by experienced academic and private otolaryngologists at different points in their careers, as well as an attorney, reviews the current literature related to otolaryngology malpractice litigation, and discusses strategies to decrease liability and enhance patient safety. It examines the most recent trial decisions in otolaryngology and determines which procedures are most commonly litigated in the current medicolegal environment. The text provides otolaryngologists with tips and pearls on how to prevent malpractice litigation, and discusses key actions to take when faced with malpractice litigation. Strategies for minimizing liability as well as the factors brought up in malpractice litigation related to otolaryngology - head and neck surgery are also discussed.Litigation In Otolaryngology will be a useful resource for all involved in the care of otolaryngologic patients (physicians, nurse practitioners, physician assistants, etc.), those concerned with the legal aspect of such care (including malpractice attorneys), and healthcare policy makers.

The book serves as a companion to three other volumes published by Cambridge University Press, dealing respectively with the jus ad bellum, the law of belligerent occupation, and non-international armed conflicts. It is devoted to the core of the jus in bello - that is, the conduct of hostilities on land, at sea and in the air in inter-State armed conflicts - analyzed against the background of customary international law and treaties in force. The book deals with both means and methods of modern warfare. It addresses issues of general non-combatant protection, the principle of proportionality in collateral damage to civilians, and special protection, especially of the environment and cultural property. It also considers the relevant dimensions of international criminal law and deals with controversial matters such as unlawful combatancy, direct participation of civilians in hostilities and the use of 'human shields'. Case law and legal literature are cited throughout.

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 ambitious book presents the first sustained analysis of the evolving representation of Cuthbert, the premier saint of northern England. The study spans both major and neglected texts across eight centuries, from his earliest depictions in anonymous and Bedan vitae, through twelfth-century ecclesiastical histories and miracle collections produced at Durham, to his late medieval appearances in Latin meditations, legendaries, and vernacular verse. Whitehead reveals the coherence of these texts as one tradition, exploring the way that ideologies and literary strategies persist across generations. An innovative addition to the literature of insular spirituality and hagiography, The Afterlife of St Cuthbert emphasises the related categories of place and asceticism. It charts Cuthbert's conceptual alignment with a range of institutional, masculine, northern, and national spaces, and examines the distinctive characteristics and changing value of his ascetic lifestyle and environment - frequently constituted as a nature sanctuary - interrogating its relation to his other jurisdictions.

Die Vorstellungen von den Osmanen schwanken in ihren Nachbarlandern und uberhaupt im Abendland. Eingebettet in eine romanhafte Rahmenhandlung werden Geschichte, Soziologie und Psychologie der Osmanen des 18. Jahrhunderts vor ihrer zunehmenden Verwestlichung im 19. Jahrhundert dargestellt und zeigen ein Selbstverstandnis, das in abgewandelter Form vor allem auch heute noch nachschwingt. Insgesamt vermitteln sie einen verstandnisvolleren Blick in die Entwicklung des Islam.

Shari'a is one of the most hotly contested and misunderstood concepts and practices in the world today. Debates about Islamic law and its relationship to secularism and Christianity have dominated political and theological discourse for centuries. Unfortunately, Western Christian theologians have failed to engage sufficiently with the challenges and questions raised by Islamic political theology, preferring instead to essentialize or dismiss it. In Law and the Rule of God, Joshua Ralston presents an innovative approach to Christian-Muslim dialogue. Eschewing both polemics and apologetics, he proposes a comparative framework for Christian engagement with Islamic debates on shari'a. Ralston draws on a diverse range of thinkers from both traditions including Karl Barth, Ibn Taymiyya, Thomas Aquinas, and Mohammad al-Jabri. He offers an account of public law as a provisional and indirect witness to the divine rule of justice. He also demonstrates how this theology of public law deeply resonates with the Christian tradition and is also open to learning from and dialoguing with Islamic and secular conceptions of law, sovereignty, and justice.

This book discusses and studies the basic course of ecological civilization construction in the 70 years since the founding of the People's Republic of China and summarizes the experience and lessons. It contains 75 articles from 75 top experts and government officials in the field of ecological civilization policy-making and basic theory research in China, including Xi Jinping Thought on Ecological Civilization, ecological culture, green industry economy, environmental quality, legal system, ecological security and so on, so as to provide reference for understanding and studying the progress of ecological environment protection since the founding of China.

The book serves as a companion to three other volumes published by Cambridge University Press, dealing respectively with the jus ad bellum, the law of belligerent occupation, and non-international armed conflicts. It is devoted to the core of the jus in bello - that is, the conduct of hostilities on land, at sea and in the air in inter-State armed conflicts - analyzed against the background of customary international law and treaties in force. The book deals with both means and methods of modern warfare. It addresses issues of general non-combatant protection, the principle of proportionality in collateral damage to civilians, and special protection, especially of the environment and cultural property. It also considers the relevant dimensions of international criminal law and deals with controversial matters such as unlawful combatancy, direct participation of civilians in hostilities and the use of 'human shields'. Case law and legal literature are cited throughout.

Many workers in medicine, healthcare administration, science, and technology, no matter how strong their academic degrees or how distinguished their careers, find themselves baffled, frustrated, and even angered by their encounters with the law. Some of those occasions may lead to the need for a lawyer. But many of the bafflements and frustrations arise from ignorance about what the law is, including how it operates. Over more than a half century of inquiry into the relations between law and science, and through numerous conversations with physicians, scientists, and healthcare professionals whose work rests on technological development, the author realized that they often desire more knowledge about the operations of the law and the legal system. This book seeks to provide basic knowledge about the law in realms where these professionals often encounter it, primarily in areas where activities pose risks of personal injury. This book discusses two basic types of law: civil litigation and other remedies afforded to persons who ascribe injuries to the conduct or product of others, and direct regulation by the government of the levels of safety in those areas. Principal practical applications of this knowledge lie in ways to minimize risk, both in the primary sense and in efforts to avoid litigation over injuries, and in how to present arguments about policy to government officials who write laws and regulations.

This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region's global impact, this book is of interest to Asia watchers, academics and policymakers alike.

Obwohl die Apostolische Paenitentiarie das alteste Dikasterium der Roemischen Kurie ist, gehoert sie zugleich zu den unbekannteren Dikasterien. Ihr Hauptcharakteristikum ist ihre exklusive und fast ausschliessliche Zustandigkeit im Forum internum. Ihre Aufgaben sind vielfaltig und umfassen den Strafnachlass von reservierten Zensuren genauso wie die Gewahrung verschiedener Gnadenerweise und von Ablassen. Die vorliegende Arbeit stellt Kompetenzen, konkrete Aufgaben, personelle Zusammensetzung und spezifische Verfahrensweisen der Apostolischen Paenitentiarie anhand der geltenden Rechtsgrundlagen dar. Dabei werden fortlaufend unter vergleichendem Aspekt die AEnderungen, Erganzungen und Modifikationen mit vorangegangenen Gesetzes- und Normenkomplexen gepruft und ausgewertet.

This book is a comparative study of judge-managed court systems across Australia, Europe and North America. This book makes an original contribution to the literature of court administration by providing a framework for examining court-service models of judicial councils, the policymaking bodies of courts and tribunals. This book promises to assist court administration scholars, judicial leaders, and policymakers in devising more effective organizational solutions to the contemporary challenges of judicial self-governance. The author Dr. Tim Bunjevac offers a nuanced elaboration of judicial accountability in court administration and a model institutional framework of court governance, comparing key Australian and international models of court administration, including the Australian Federal and two state court systems, Irish, English, Canadian and Dutch models. With a close case study, the author puts his sharpest focus on the Victoria, Australia, which introduced a judicial council in 2014. This book does an innovative job of proposing a new elaboration of judicial accountability in court administration. This book proposes that the likely success of any court system reform ultimately depends on the quality of the interaction between the courts, government, and other justice system stakeholders, which must be rooted in the concepts of organizational transparency and administrative accountability.

Islamic substantive law, otherwise called branches of the law (furA"' al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of 'cultivation' (istithmAE r), whereby the qualified jurist (mujtahid), as the 'cultivator', uses relevant rules of legal theory to harvest the substantive law on specific issues in form of 'fruits' (thamarAE t) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.

Natural law has long been considered the traditional source of Roman Catholic canon law. However, new scholarship is critical of this approach as it portrays the Catholic Church as static, ahistorical, and insensitive to cultural change. In its attempt to stem the massive loss of effectiveness being experienced by canon law, the church has to reconsider its theory of legal foundation, especially its natural law theory. Church Law in Modernity analyses the criticism levelled at the church and puts forward solutions for reconciling church law with modernity by revealing the historical and cultural authenticity of all law, and revising the processes of law making. In a modern church, there is no way of thinking of the law without the participation of the faithful in legislation. Judith Hahn therefore proposes a reformed legislative process for the church in the hope of reconciling the natural law origins of church law with a new, modern theology.

In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.

Das Buch analysiert acht menschenrechtliche Vertrage und Landerberichte der Vereinten Nationen (UN) aus 16 muslimischen Landern. Die Berichte belegen, dass muslimische Fluchtlinge den Scharia-Vorbehalt mitbringen, weil sie in islamischen Gesellschaften sozialisiert wurden. UN-Gremien versehen Landerberichte mit Empfehlungen. Teilweise erfolgen Antworten nur noch auf Arabisch. Scharia-Vorbehalte mit Hilfe der Vienna Convention auszuraumen, ist nicht gelungen, weil sich die Verantwortlichen nicht bemuhen, Arabisch oder die Scharia zu verstehen. Ein gemeinsamer Anknupfungspunkt ware die Sunnah des Propheten. Danach soll islamisches Recht jedes Jahrhundert an seine Gesellschaft angepasst werden, ohne die islamische Legitimitat zu verletzen. Einander zuhoeren, voneinander lernen ist fundamental. Die Idee von Arbeit und Ausbildung in europaischen Kloestern auch fur muslimische Fluchtlinge ist visionar fur eine religionsoffene Gesellschaft im 21. Jahrhundert.

This open access book introduces a multi-disciplinary and comprehensive research on China's long-term low-carbon emission strategies and pathways. After comprehensively considering China's own socioeconomic conditions, policy design, energy mix, and other macro-development trends and needs, the research team has proposed suggestions on China's low-carbon development strategies and pathways until 2050, with required technologies and policies in order to realize the goals of building a great modern socialist country and a beautiful China. These achievements are in conjunction with the climate goals set in the Paris Agreement alongside Global Sustainable Development. The authors hope that the research findings can serve as a reference for all sectors of Chinese society in their climate research efforts, offer support for the formulation and implementation of china's national low-carbon development strategies and policies, and help the world to better understand China's story in the general trend of global green and low-carbon development.