This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law in the pharmaceutical sector, which continues to be a focus for anti-trust authorities around the world. A detailed international report explores the extent to which the application of the competition rules in the pharmaceutical sector should be affected by the specific characteristics of those products and markets (including consumer protection rules, the need to promote innovation, the need to protect public budgets, and other public interest considerations). It provides an excellent comparative study of this complex subject, which lies at the interface between competition law and intellectual property law. The second part of the book gathers contributions from various jurisdictions on the topic of "What rules should govern claims by suppliers about the national or geographic origin of their goods or services?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with indications of origin, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

This book examines good faith in non-marine insurance and takaful (Islamic insurance) contracts in Malaysia, and proposes holistic law reform of the same. The first two-thirds of the book comprise an extensive comparative legal analysis of the issues between Malaysia, Australia and the United Kingdom, with the final third dedicated to a socio-economic analysis of law reform and suggestions for law reform particularly suited to Malaysia. The book evaluates whether the duty of utmost good faith (the cornerstone of insurance and takaful contracts) is effectively regulated and, in turn, observed by insurers (and takaful operators) and insureds alike in Malaysia. The adequacy of the Insurance Act 1996 (Malaysia), the Takaful Act 1984 (Malaysia), the Financial Services Act 2013 (Malaysia) and the Islamic Financial Services Act 2013 (Malaysia) is evaluated, along with the supporting infrastructure and oversight measures introduced by the Malaysian government. In doing so, The book examines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.

How does order emerge out of the multiplicity of bodies, objects, ideas and practices that constitute the urban? This book explores the relation between space, law and control in the contemporary city - and particularly in the context of urban 'mega events' - through a combined geographical and normative analysis. Informed by the recent spatial, affective and material 'turns' in the humanities and social sciences, Andrea Pavoni addresses this question by pursuing an innovative and trans-disciplinary approach, capable of accounting for the emergence of order in urban space both at the conceptual and empirical levels. Two overarching objectives are pursued. First, to account for the increasing convergence of logics, techniques and technologies of law, security and marketing into novel, potentially oppressive spatial configurations. Second, to envisage a consistent ethico-political strategy to counter this evolution, by rethinking originally and in radically spatial terms the notion of justice. Forging a sophisticated and original analysis, this book offers an analysis that will be of considerable interest to those working in critical urban geography, critical legal studies, critical event studies, surveillance and control studies.

China and Islam examines the intersection of two critical issues of the contemporary world: Islamic revival and an assertive China, questioning the assumption that Islamic law is incompatible with state law. It finds that both Hui and the Party-State invoke, interpret, and make arguments based on Islamic law, a minjian (unofficial) law in China, to pursue their respective visions of 'the good'. Based on fieldwork in Linxia, 'China's Little Mecca', this study follows Hui clerics, youthful translators on the 'New Silk Road', female educators who reform traditional madrasas, and Party cadres as they reconcile Islamic and socialist laws in the course of the everyday. The first study of Islamic law in China and one of the first ethnographic accounts of law in postsocialist China, China and Islam unsettles unidimensional perceptions of extremist Islam and authoritarian China through Hui minjian practices of law.

Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leading scholars who are all specialists on the subject in the countries they examine. It is a key resource for students and researchers of Islamic finance, and aimed at lawyers, finance professionals, industry practitioners, consultancy firms, and academics.

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 book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.

Islamic finance's phenomenal growth owes to the Shariah compliant nature of its financial instruments. Shariah forbids the charging of interest (Riba) and instead promulgates risk-sharing and trade-based modes of financing. The Islamic financial industry has been subject to both critique and admiration. Critics argue that Islamic instruments (bearing debt-based structures) differ from their conventional counterparts only in legal lexicon and not in economic impact. The admirers argue that such instruments, irrespective of wider economic implications, rigorously comply with 'juristically sound' Islamic principles. This book aims to reconcile the above dispute. It argues that the financial impact of instruments is a consequence of the way they are priced and structured. The similarity in pricing and structures is an outcome not of the underlying Islamic financial modes but of the competitive environment in which Islamic instruments compete. Even risk-sharing and trade-based Islamic structures, if implemented in such an environment, would have a financial impact similar to that of conventional instruments. This book has a wider appeal for both academic and non-academic audiences. It can complement undergraduate and graduate courses as an additional reading on the intricacies of Islamic financial instruments and markets. For PhD students, it would help identify future research areas. To non-academics, it offers a deeper understanding regarding the working of the Islamic finance industry.

Dynamic risk factors are the children of risk prediction. They were identified to help practitioners assess risk of recidivism and to set treatment targets likely to reduce reoffending. This resulted in the development of intervention programs designed to modify the characteristics of individuals and their environments associated with crime. The predictive nature of their legacy lies in their ability to provide reliable information about the likelihood of future reoffending. In this respect, dynamic risk factors are useful complements to static risk factors such as age, gender, and history of offending, and add incremental validity to recidivism prediction. Their treatment utility resides in the fact that practitioners increasingly rely on the identification of dynamic risk factors to direct correctional assessment and interventions. Thus, dynamic risk factors have a dual status. They are both useful predictors of reoffending and measures of risk status, and potential causes of reoffending, capable of serving an explanatory role as well as a predictive one. It is a simple and powerful conceptualization that has streamlined forensic and correctional research, program development, and the delivery of treatment. Despite its conceptual elegance we believe that the dual conceptualization of dynamic risk factors is problematic and these difficulties spill over into their role in assessment, assessment, treatment, and desistance contexts. In this publication, the nature and function of dynamic risk factors are investigated and their strengths and limitations identified. This book was originally published as a special issue of Psychology, Crime and Law.

Case law evidence shows that mental health professionals (MHPS) have lost cases in court because they based their professional action on the wrong definition of legal or ethical terminology. Many have also been sanctioned or their license revoked because of professional actions arising from a lack of clear understanding of these terminologies. This dictionary confronts this problem by providing MHPS with clear, concise, and functional definitions of many legal and ethical terminologies. A review of the meaning of these terms before a professional action or activity is sure to enhance compliance with ethical and legal standards and regulations. The addresses and phone numbers of state licensure boards for counselors, psychologists and social workers are included to facilitate consultation in related issues not specifically covered by definitions.

Das Steuerrecht sieht fur juristische Personen des oeffentlichen Rechts und die von ihnen unterhaltenen Betriebe zahlreiche Vergunstigungen vor. So unterliegen Betriebe juristischer Personen des oeffentlichen Rechts, die uberwiegend der Ausubung der oeffentlichen Gewalt dienen, als so genannte Hoheitsbetriebe nicht der Koerperschaftsteuer. Diese steuerliche Vergunstigung erstreben auch die Kirchen und Religionsgemeinschaften, denen das Verfassungsrecht den oeffentlich-rechtlichen Status zugewiesen hat. Diese Arbeit zeigt, dass und inwieweit kirchliche Betriebe oeffentliche Gewalt ausuben und damit als Hoheitsbetriebe steuerlich begunstigt werden.

This book examines the intersection between contemporary International Commercial Arbitration and Shari'a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari'a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari'a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the 'Shari'a Standards' developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

Islamic jurisprudence has undergone many historical changes since the time of Prophet Muhammad, and researchers have divided its development into several historical stages. In Formation of the Islamic Jurisprudence, Labeeb Ahmed Bsoul presents the history of Islamic jurisprudence from its earliest period. Drawing upon a wide variety of Arabic primary sources to provide an inclusive, unbiased view of the history of jurisprudence, this book covers all the main centers of legal scholarship in the Islamic world, addressing not only the four well-known Sunni legal schools but also defunct Sunni and sectarian legal schools. Bsoul makes intellectual history the center of attention, recognizing the contributions of women to legal scholarship, and avoids attributing academic developments to the events of political history. This book presents a new reading and understanding as Bsoul critically assesses the history, development, and impact of Islamic jurisprudence in the Muslim world.

The revised edition 2009 particularly focuses on the legal aspects of the securitization of debt by a security right in land (with refinancing register), the consequences of the mortgage crisis, the Bavarian legal proposal for a law to protect the borrower, and the question of which objections the legal successor in a security right in land will be confronted with. The law of compulsory mortgages and the security contract on land charges has also been extensively revised.

This book explores the contentious topic of women's rights in Muslim-majority countries, with a specific focus on Iran and the Iranian women's movement from 1906 to the present. The work contextualizes the authorial self through the use of personal narrative and interviews. A new critique of Islamic law is produced through an in-depth study of the Iranian Constitution, civil and criminal codes. The work presents a novel reconceptualization of the term "Islamic feminism" by revisiting the arguments of various scholars and through analysis of interviews with Iranian women's rights activists. It is contended that the feminist movements can play a critical role in Islamic law reform and consequently the eventual implementation of international human rights law in Muslim-majority countries. What emerges from this study is not only a feminist critique of two major regimes of law, but also the identification of possibilities for reform in the future. The study transitions from the Iranian national context to the international by way of a comparative legal study of international human rights laws and Islamic laws. The book will appeal both to academics and human rights practitioners.

This book, in its effort to formulate compatibility between Islamic law and the principles of international diplomatic law, argues that the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst nations generally with a view to enhancing unfettered diplomatic cooperation should be of paramount priority.

Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.

Die Entwicklung der elektronischen Kommunikation gehoert zu den groessten Veranderungen der letzten Jahre. Der E-Commerce weist stark steigende Umsatzzahlen auf. Dementsprechend gewinnt die Verwendung elektronischer Dokumente als Beweismittel im Zivilprozess zunehmend an Bedeutung. Der Gesetzgeber hat hierzu neue Regelungen in BGB und ZPO eingefugt. Die Darstellung unterzieht diese AEnderungen einer kritischen Wurdigung und zeigt auf, dass elektronische Dokumente richtigerweise als Urkunden verstanden werden mussen.

Dieses Buch beschaftigt sich mit Insolvenzfallen, bei denen die Insolvenzmasse zu einem Zeitpunkt der Verfahrensabwicklung allenfalls die Kosten des Insolvenzverfahrens deckt. Diese Lage tritt vielfach auf und gehoert zu den Standardproblemen, mit denen sich Insolvenzverwalter und Berater auseinandersetzen mussen. Rechtsdogmatische Stimmigkeit und Praxisorientierung verbinden sich bei den vorgeschlagenen Loesungen. Bei Eintritt der Massearmut - der Massebedurftigkeit gem. 207 InsO oder der Masseunzulanglichkeit nach den 208 ff. InsO - hat die hoechstrichterliche Rechtsprechung das Verfahren von einer Notabwicklung hin zu einer besonderen Form der Insolvenzverwaltung mit dem Ziel entwickelt, dem Insolvenzverwalter eine optimale Verwertung der Masse zu ermoeglichen und dabei seine Haftungsrisiken zu verringern. Dabei stehen die Risiken im Vordergrund, die bei einer Fortfuhrung des insolvenzschuldnerischen Betriebes auftreten. Besonderes Augenmerk wird auf die Moeglichkeiten einer Verfahrensgestaltung durch Insolvenzplane nach 210a InsO gelegt. Die Massebedurftigkeit (Massearmut i.e.S.) gem. 207 InsO wird in ihren Voraussetzungen und Rechtsfolgen fur die Abwicklung des Verfahrens eingehend dargestellt und dabei insbesondere die Handlungsmoeglichkeiten des Insolvenzverwalters beleuchtet. Der Schwerpunkt der Darstellung liegt bei der Behandlung der Masseunzulanglichkeit gem. 208 ff. InsO. Aus den dabei behandelten Fragen sind hervorzuheben: Voraussetzungen der Anzeige der Masseunzulanglichkeit; Ermessen des Insolvenzverwalters bei der Wahl des Zeitpunktes der Anzeige Prozessuale Wirkungen der Anzeige auf die Rechtsdurchsetzung der Masseglaubiger Probleme einer zweiten Masseunzulanglichkeit und deren Auswirkung auf die Rechtsstellung der Neumasseglaubiger Verjahrung von Masseforderung nach Wiederherstellung der Massesuffizienz Insolvenzplane bei Masseunzulanglichkeit Fragen der Haftung des Insolvenzverwalters: Verhaltnis der Haftungstatbestande der 60 und 61 InsO

The topic, "Northern Sea Route" has become a highly relevant point on the strategic radar screen of many business and military leaders, since global climate change now opens up a hitherto impassable sea route and positions it as a strategic alternative to the Suez route. Add to this the discovery of many easily extractable commodities and metals in the arctic area. For entrepreneurs, this setting offers new opportunities and risks; for academics, a new research context emerges. The book discusses the strategic, economic, logistic, judicial and military challenges of the future great game in the arctic sea.

Case law evidence shows that mental health professionals (MHPS) have lost cases in court because they based their professional action on the wrong definition of legal or ethical terminology. Many have also been sanctioned or their license revoked because of professional actions arising from a lack of clear understanding of these terminologies. This dictionary confronts this problem by providing MHPS with clear, concise, and functional definitions of many legal and ethical terminologies. A review of the meaning of these terms before a professional action or activity is sure to enhance compliance with ethical and legal standards and regulations. The addresses and phone numbers of state licensure boards for counselors, psychologists and social workers are included to facilitate consultation in related issues not specifically covered by definitions.

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.

In "Freedom, Equality and Justice in Islam," M H Kamali presents the reader with an analysis of the three concepts of freedom, equality and justice from an Islamic point of view and their manifestations in the religious, social, legal and political fields. The author discusses the evidence to be found for these concepts in the Qur'an and Sunna, and reviews the interpretations of the earlier schools of law. The work also looks at more recent contributions by Muslim jurists who have advanced fresh interpretations of freedom, equality and justice in the light of the changing realities of contemporary Muslim societies. "Freedom, Equality and Justice in Islam" is part of a series dedicated to the fundamental rights and liberties in Islam and should be read in conjunction with "The Dignity of Man: An Islamic Perspective" and "Freedom of Expression in Islam."

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.