The foundations of tort law differ considerably in the various European legal systems. For a number of years a group of tort law experts, the European Group on Tort Law, has been engaged in a systematic examination of the fundamental questions of tort law with a view to formulating principles which will contribute to a "common law of Europe". Although the work has been centred on Europe, it has been informed by contributors from a number of overseas systems. This is the ninth volume in a series setting out the results of the work of the Group: earlier volumes have covered matters such as wrongfulness, causation, contributory negligence and liability for others In this volume, the authors provide an overview of the law governing multiple tortfeasors (the situation where the victim of a tort contends that more than one person is responsible for an injury suffered by him) seen from the angle of fifteen legal systems. The law has two aspects: the "external" one relating to the relationship between the victim and the tortfeasors, particularly the question of how far each is liable to the victim for the whole damage; and the "internal" relationship of the tortfeasors, raising issues of recourse inter se. Each country report consists of an account of the theoretical basis of the law in this area, together with an examination of its operation via a variety of factual situations. There is also a comparative report which summarizes the most important elements identified by the country reports and identifies the existing common ground. This volume provides the legal scholar and the practitioner with a wealth of information and insights on a complex and controversial area of law in an accessible form.

Over the years, photographs have enjoyed a variety of forms of protection, but traditionally the protection of photographs has been placed within the law of copyright. While photography as a technique has been around for 150 years, protection issues in photography, as in copyright in general, have been complicated by the advent of new technology, enabling the digital storage, alteration, and reproduction of images and facilitating their global dissemination via the Internet. Until now, very little has been written in English about the protection of photographs. This work provides an overview of the law and history of photograph protection in 16 jurisdictions. Each country chapter provides a survey of the major issues of photographic protection, broken down for easy reference into eight sections: definition, originality, authorship and ownership, term of protection, economic rights, moral rights, contracts and the relationship of copyright with privacy and publicity rights. This book should be of interest to anyone concerned about the discrepancies within the copyright protection scheme in an age of increasing globalization. In particular, it should be useful for copyright lawyers, collecting societies, photographers, photograph agencies and publishers seeking clear information about the copyright implications of photographs.

First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

At head of title: Commission of the European Communiites.

This textbook covers the Tort Law option of the A-level law syllabus, and provides at the same time an ideal introduction for anybody coming to the subject for the first time. The book covers all A-level syllabuses/specification requirements, and is written by the examiner in Tort Law for one of the major examination boards. It contains extensive case illustration, and a range of examination related questions and activities. There is a special focus on key skills, and on the new synoptic assessment syllabus requirements. This fully updated third edition builds upon the success of the first two editions, containing a new section on human rights and new case information such as Z v UK, Rees, Walters, Fairchild, Tomlinson, Marcic, Transco, National Blood, Mothercare, Douglas v Hello, Campbell v MGN. fully updated third edition coverage of OCR and AQA specifications, endorsed by OCR for use with Tort Law option includes new OCR synoptic assessment source materials (for use in examinations in June 2005) with additional guidance author is a Principal Examiner for one of the major examination boards new cases include Z v UK, Rees, Walters, Fairchild, Tomlinson, Marcic, Transco, National Blood, Mothercare, Douglas v Hello, Campbell v MGN, with expanded discussion of human rights and new health and safety regulations

Same-Sex Marriage and Religious Liberty explores the religious freedom implications of defining marriage to include same-sex couples. It represents the only comprehensive, scholarly appraisal to date of the church-state conflicts virtually certain to arise from the legal recognition of same-sex marriage. It explores two principal questions. First, exactly what kind of religious freedom conflicts are likely to emerge if society embraces same-sex marriage? A redefinition of marriage would impact a host of laws where marital status affects legal rights-in housing, employment, health-care, education, public accommodations, and property, in addition to family law. These laws, in turn, regulate a host of religious institutions-schools, hospitals, and social service providers, to name a few-that often embrace a different definition of marriage. As a result, church-state conflicts will follow. This volume anticipates where and how these manifold disputes will arise. Second, how might these conflicts be resolved? If the disputes spark litigation under the Free Speech, Free Exercise, or Establishment Clauses of the First Amendment, who will prevail and why? When, if ever, should claims of religious liberty prevail over claims of sexual liberty? Drawing on experience in analogous areas of law, the volume explores whether it is possible to avoid these constitutional conflicts by statutory accommodation, or by separating religious marriage from civil marriage.

First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

Featuring expert contributors from around the world, this book offers insight into the vital theoretical and practical aspects of the economics of copyright. Topics discussed include fair use, performers' rights, copyright and trade, online music streaming, internet piracy, copyright and visual art markets, and open source publishing. In addition to in-depth coverage of these timely topics, the authors also offer insightful predictions and policy recommendations for the future.Each of the self-contained chapters is written by a distinguished expert and is pitched at a level designed to be accessible to advanced undergraduate and postgraduate students in economics and law. As a whole, the book covers all of the topical content that a student of copyright economics should know. Teachers and lecturers will find all the required material to provide a comprehensive overview of the subject in a single volume. For scholars with a legal background, the book will also act as an effective introduction or refresher in the economic theory underlying copyright. Contributors: D.S. Banerjee, W.J. Gordon, P.J.Heald, S.J. Liebowitz, S.E. Margolis, F. Mueller-Langer, E. Rosati, S.F. Schwemer, R. Towse, M. Waldman, R. Watt

This is the first book dedicated to clarifying the concept of "foundlings" and how to best prevent their statelessness in light of the object and purpose of Article 2 of the 1961 UN Convention on the Reduction of Statelessness and equivalent nationality law provisions. Among other features, the book defines the terms "foundling," including the maximum age limit of the child to be considered a "foundling"; "unknown parents"; being "found" in a territory; and "proof to the contrary"; as well as the procedural issues such as the appropriate burden and standard of proof. In doing so, the book draws upon a comparative analysis of national legislation on "foundlings" covering 193 states, case law, and precedents in some states as well as international human rights law norms including the best interests of the child. As its conclusion, the book proposes an inclusive model "foundling provision" and a commentary to inform legislative efforts and interpretation of the existing provisions. Its findings are useful not only to state parties to the 1961 Convention but also to non-state parties, particularly in countries lacking systematic civil documentation or experiencing the effects of armed conflicts, migration, trafficking, and displacement.

The great virtue of this work is found in its excellent structure. The first part provides a neat introductory road map for fundamental trade secrets concepts, then considers the TRIPS obligation, the trade secret law of the United States with well explained sections on trade secrets in business transactions, employment relations, enforcement and litigation, government secrets and data exclusivity. The second part provides country overviews with sections for common law and civil law countries and the appendices examine aspects of the proposed EU Directive. This is a comprehensive, sensible, practical, intelligently balanced, thoroughly researched and well written work that will be of real value to anyone interested in this increasingly important area of commercial law.' - Ping Xiong, University of South Australia'This book makes a remarkable contribution to the understanding of the legal foundations and main features of trade secret law in several jurisdictions. It also provides useful guidance to deal with practical issues concerning trade secrets protection. While carefully addressing the balance between the protection of private interests and the principles of free competition, the book examines recent initiatives to fight cyber-espionage and their implications for the configuration of trade secrets law, the enforcement of rights and professional practice.' - Carlos M. Correa, University of Buenos Aires, Argentina Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book offers an authoritative and unparalleled resource on US and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions. Defined as the international standard for trade secret protection, the United States' trade secret laws are explained in depth, illustrating their capacity and impediments. The proposed EU Trade Secret Directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries. The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies. Key features: - Presents a roadmap for understanding trade secrets, including requirements for, defences to, and remedies. - Covers both business-to-business and employment relationships. - Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan. - Dependable analysis from two leading scholars in the field. - Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation. - Clear guidance on enforcement mechanisms and litigation procedure. This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information. Policymakers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU Trade Secret Directive, pragmatic and informative.

First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

Family justice requires not only a legal framework within which personal obligations are regulated over the life course, but also a justice system which can deliver legal information, advice and support at times of change of status or family stress, together with mechanisms for negotiation, dispute management and resolution, with adjudication as the last resort. The past few years have seen unparalleled turbulence in the way family justice systems function. These changes are associated with economic constraints in many countries, including England and Wales, where legal aid for private family matters has largely disappeared. But there is also a change in ideology in a number of jurisdictions, including Canada, towards what is sometimes called neo-liberalism, whereby the state seeks to reduce its area of activity while at the same time maintaining strong views on family values. Legal services may become fragmented and marketised, and the role of law and lawyers reduced, while self-help web based services expand. The contributors to this volume share their anxieties about the impact on the ability of individuals to achieve fair and informed resolution in family matters.

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

This concise and detailed Handbook addresses some of the most complex issues raised by the implementation of the TRIPS Agreement globally. Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement?s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume ? Research Handbook on the Protection of Intellectual Property under WTO Rules ? this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.This accessible Handbook will be invaluable not only for academics, policymakers, and professionals in the area of intellectual property, but for all those interested in or working with the intricacies of the WTO system.

Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory - which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) - this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the 'functional approach' to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR). The author's in-depth analysis explores such elements as the following: o the economic and ethical rationales of trademark rights; o whether trademark rights under European law can be justified by these rationales; o how freedom of expression can serve as a limitation to trademark rights; o what level of protection such freedom of expression grants to third parties; o the role of trademarks of social, cultural, or political importance in public discourse; o chilling effects on public discourse that can be caused by the exercise of trademark rights; o the interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

This Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research. Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource. Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schoenenberger, K. Siehr, A.F. Vrdoljak

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.

What kinds of obligations do parents have towards their children as family life becomes more complex? Many children pass through a number of different households,living with one or both parents and later step parents and step brothers and sisters. How are the new forms of family life accommodated in the legal system? The answer is that parenthood, rather than marriage, is now emerging as the central mechanism through which moral principles are converted into legal and social obligations. This study of 250 children who do not live with both of their parents shows, however, that despite the comparative legal emptiness of marriage, the experience of living longer with both parents than is usually the case of children of cohabiting or single parents endows the child with social capital in the form of enduring involvement with the outside parent, even after divorce, and that this happens to a greater extent than for children whose parents were not married.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

'A delicious book.' Jared Diamond Who controls the space around an aeroplane seat: you or the person behind you trying to work on their laptop? Who owns your favourite football player? And why do Facebook and Google want your private data? In Mine! Michael Heller and James Salzman reveal the hidden economic and social rules that guide everyday life, demonstrating that much of what we assume about ownership is wrong. Whether a lost wallet, a playground swing or a London flat, Mine! explores what ownership means and why it governs everything we do.