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Books > Law > International law > Public international law

The Legitimacy of Standardisation as a Regulatory Technique - A Cross-disciplinary and Multi-level Analysis (Hardcover):... The Legitimacy of Standardisation as a Regulatory Technique - A Cross-disciplinary and Multi-level Analysis (Hardcover)
Mariolina Eliantonio, Caroline Cauffman
R3,331 Discovery Miles 33 310 Ships in 12 - 17 working days

This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons. Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas. This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation. Contributors include: D. Bevilacqua, M. Cantero Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M. Faure, M. Gerardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P. Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. Volpato

Classification of Conflicts in International Humanitarian Law - The Legal Impact of Foreign Intervention in Civil Wars... Classification of Conflicts in International Humanitarian Law - The Legal Impact of Foreign Intervention in Civil Wars (Hardcover)
Noam Zamir
R3,010 Discovery Miles 30 100 Ships in 12 - 17 working days

Civil wars have formed the vast majority of all armed conflicts since the Second World War. These civil wars have often been accompanied by the intervention of foreign states in favour of one or more of the parties. Such interventions raise various general questions regarding conflict classification in international humanitarian law (IHL), which are important because the relevant law that applies is shaped by whether a conflict is classified as international or non-international. This book provides a thorough examination of the theoretical basis of classification of conflicts in IHL, with special focus on the legal impact of armed foreign intervention in civil wars. Noam Zamir enriches the discourse on IHL by providing an in-depth doctrinal examination of issues concerning conflict classification and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen, and identifying potential solutions to different lacunae in this field. The issue of conflict classification has significant practical ramifications and this book will have a wide and varied readership, including legal scholars, law students and governmental and military lawyers.

Judicial Interpretation of Tax Treaties - The Use of the OECD Commentary (Hardcover): Carlo Garbarino Judicial Interpretation of Tax Treaties - The Use of the OECD Commentary (Hardcover)
Carlo Garbarino
R6,777 Discovery Miles 67 770 Ships in 12 - 17 working days

Judicial Interpretation of Tax Treaties is a detailed, comprehensive analytical guide to the interpretation of tax treaties at the national level. The book focuses on how domestic courts interpret and apply the OECD Commentary to the OECD Model Tax Convention on Income and on Capital. Adopting a global perspective, the book gives a systematic presentation of the main interpretive proposals put forward by the OECD Commentary, and analyses selected cases decided in domestic tax systems in order to assess whether and how such solutions are adopted through national judicial process, and indeed which of these are of most practical value. The book operates on two levels: Firstly it sets out a clear and comprehensive framework of tax treaty law, which will be an important tool for any tax practitioner. Secondly, the book provides crucial guidance on issues of tax treaty law as applied at domestic level, such as investment or business income, dispute resolution and administrative cooperation. Key features: - A detailed and structured introduction to the main issues of tax treaties - Ideal for practitioners requiring a grounding in the functioning of tax treaty law - Concise summaries of the relevant issues, cases, and problems for each discrete chapter - Offers a basic 'globalized' handbook that is missing in the current literature about judicial application of tax treaties. This comprehensive treatment of tax treaty law is a ready reference for tax practitioners, and an essential introduction for non-specialists. The book can also be used as a companion to courses in international taxation.

Nanoparticle Emissions From Combustion Engines (Hardcover, 2015 ed.): Jerzy Merkisz, Jacek Pielecha Nanoparticle Emissions From Combustion Engines (Hardcover, 2015 ed.)
Jerzy Merkisz, Jacek Pielecha
R3,212 Discovery Miles 32 120 Ships in 12 - 17 working days

This book focuses on particulate matter emissions produced by vehicles with combustion engines. It describes the physicochemical properties of the particulate matter, the mechanisms of its formation and its environmental impacts (including those on human beings). It discusses methods for measuring particulate mass and number, including the state-of-the-art in Portable Emission Measurement System (PEMS) equipment for measuring the exhaust emissions of both light and heavy-duty vehicles and buses under actual operating conditions. The book presents the authors' latest investigations into the relations between particulate emission (mass and number) and engine operating parameters, as well as their new findings obtained through road tests performed on various types of vehicles, including those using diesel particulate filter regeneration. The book, which addresses the needs of academics and professionals alike, also discusses relevant European regulations on particulate emissions and highlights selected methods aimed at the reduction of particulate emissions from automobiles.

Subsidies in the Context of the WTO's Free Trade System - A Legal and Economic Analysis (Hardcover, 1st ed. 2017):... Subsidies in the Context of the WTO's Free Trade System - A Legal and Economic Analysis (Hardcover, 1st ed. 2017)
Gurwinder Singh
R5,060 Discovery Miles 50 600 Ships in 12 - 17 working days

This book analyses subsidies from various perspectives and creates a model that determines whether or not their use is justified. Further, it analyses the various causes of trade distortion, trade-discriminatory practices, and other issues associated with unregulated subsidies. In addition, the book considers how these issues fall within the scope of subsidies described under the SCM Agreement. The primary discussion from the perspective of WTO objective concerns the trade practice of awarding subsidies, for exports and also for protectionist purposes. Here, the terms justifiable and non-justifiable are used as hypothetical parameters to determine the extent of state support, considering the country classification based on economic and technological criteria, and their objectives for development. These parameters are distinct from Prohibited, Actionable, and Non-Actionable subsidies, as classified under the SCM Agreement. Subsidies awarded for the purposes of development and for welfare are considered as justifiable, whereas subsidies for the promotion of exports or state measures adopted for protectionist purposes are non-justifiable. Lastly, the book addresses the implications of such subsidies on the core objectives of the WTO and in connection with fair trade values.

The World Crisis and International Law - The Knowledge Economy and the Battle for the Future (Hardcover): Paul B. Stephan The World Crisis and International Law - The Knowledge Economy and the Battle for the Future (Hardcover)
Paul B. Stephan
R2,393 R1,972 Discovery Miles 19 720 Save R421 (18%) Ships in 12 - 17 working days

The knowledge economy, a seeming wonder for the world, has caused unintended harms that threaten peace and prosperity and undo international cooperation and the international rule of law. The world faces threats of war, pandemics, growing domestic political discord, climate change, disruption of international trade and investment, immigration, and the pollution of cyberspace, just as international law increasingly falls short as a tool for managing these challenges. Prosperity dependent on meritocracy, open borders, international economic freedom, and a wide-open Internet has met its limits, with international law one of the first casualties. Any effective response to these threats must reflect the pathway by which these perils arrive. Part of the answer to these challenges, Paul B. Stephan argues, must include a re-conception of international law as arising out of pragmatic and limited experiments by states, rather than as grand projects to remake and redeem the world.

The Dieselgate - A Legal Perspective (Hardcover, 1st ed. 2017): Marco Frigessi di Rattalma The Dieselgate - A Legal Perspective (Hardcover, 1st ed. 2017)
Marco Frigessi di Rattalma
R4,578 Discovery Miles 45 780 Ships in 12 - 17 working days

This book explains, compares and assesses the legal implications of Dieselgate within a range of selected jurisdictions and at the EU, international and comparative law level.The book analyses the US EPA-VW $14.7 billion dollar settlement of 2016, one of the largest civil settlements in the history of environmental law. As it shows, the Dieselgate affair has raised a host of issues concerning corporate and social responsibility, tort liability, environmental liability, contractual defective products, warranty, and false environmental claims in a range of jurisdictions. Issues like repurchasing or retrofitting cars from consumers and making direct payments to consumers through car buy-backs and compensation are analysed. Further, the book relates how Dieselgate has also contributed to the discussion about the introduction of more effective collective measures of redress for consumers, such as class actions, in Germany, France, Italy and the UK.The book subsequently reviews the criminal offences Volkswagen is currently confronted with in Germany, France and Italy, i.e. fraud and manipulation of capital markets (by belatedly providing shareholders with essential information relevant for the share value), and, potentially, environmental crimes. It demonstrates how Dieselgate has sparked new debates in Germany, Italy, France and the UK about the need to introduce enterprise liability for organised crimes, lack of compliance and control structures, and intentional violations of the law.Lastly, the book discusses how EU law has sought to respond to Dieselgate and thus investigates the controversial EU Regulation No. 2016/646 introducing a "temporary conformity factor" of 2.1 (equivalent to a 110% increase on the current limit) to be applied for NOx in the new RDE testing cycle, and the works of the EU committee of inquiry into Emissions Measurements in the Automotive Sector (EMIS).

The International Practice of Law (Hardcover): Nedim Peter Vogt The International Practice of Law (Hardcover)
Nedim Peter Vogt
R5,427 Discovery Miles 54 270 Ships in 10 - 15 working days

This "Liber Amicorum" celebrates the 60th birthday of Thomas Bar and Robert Karrer, who set up their international law practice more than 28 years ago. Contributions in the book are from practitioners and scholars in the field of international law. The "Liber Amicorum comprises 16 articles on topics ranging from business law to arbitration and from a global perspective.

International Law for Common Goods - Normative Perspectives on Human Rights, Culture and Nature (Hardcover): Federico... International Law for Common Goods - Normative Perspectives on Human Rights, Culture and Nature (Hardcover)
Federico Lenzerini, Ana Filipa Vrdoljak
R4,287 Discovery Miles 42 870 Ships in 12 - 17 working days

International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods - typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) - speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law - human rights, culture and the environment - are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

Cybersecurity, Privacy and Data Protection in EU Law - A Law, Policy and Technology Analysis (Hardcover): Maria Grazia Porcedda Cybersecurity, Privacy and Data Protection in EU Law - A Law, Policy and Technology Analysis (Hardcover)
Maria Grazia Porcedda
R2,955 Discovery Miles 29 550 Ships in 9 - 15 working days

Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work's novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation. An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.

Air Navigation Law (Hardcover, 2012): Ruwantissa Abeyratne Air Navigation Law (Hardcover, 2012)
Ruwantissa Abeyratne
R2,817 Discovery Miles 28 170 Ships in 10 - 15 working days

The aviation community, in which the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) and the Civil Air Navigation Services Organization (CANSO) play leading roles, is hard at work in bringing aviation into the 21st Century. In doing so, the United States and Europe have taken proactive steps forward in introducing modernization, particularly in moving towards more efficient air traffic management systems within NextGen and SESAR. Elsewhere, in the fields of personnel licensing, rules of the air, accident investigation and aeronautical charts and information, significant strides are being made in moving from mere regulation to implementation and assistance calculated to make all ICAO member States self sufficient in international civil aviation. However, these objectives can be achieved only if the aviation industry has a sustained understanding of the legal and regulatory principles applying to the various areas of air navigation. This book provides that discussion. Some of the subjects discussed in this book are: sovereignty in airspace; flight information and air defence identification zones; rules of the air; personnel licensing; meteorological services; operations of aircraft; air traffic services; accident and incident investigation; aerodromes; efficiency aspects of aviation and environmental protection; aeronautical charts and information; the carriage of dangerous goods; and NextGen and SESAR . Except for NextGen and SESAR, these subjects form the titles of the Annexes to the Chicago Convention that particularly involve the rights and liabilities of the key players involved in air navigation.

Africa and the International Criminal Court (Hardcover, 2014 ed.): Gerhard Werle, Lovell Fernandez, Moritz Vormbaum Africa and the International Criminal Court (Hardcover, 2014 ed.)
Gerhard Werle, Lovell Fernandez, Moritz Vormbaum
R4,681 Discovery Miles 46 810 Ships in 12 - 17 working days

The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.

Public Health in International Investment Law and Arbitration (Paperback): Valentina Vadi Public Health in International Investment Law and Arbitration (Paperback)
Valentina Vadi
R1,160 Discovery Miles 11 600 Ships in 12 - 17 working days

Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy. With a focus on the 'clash of cultures' between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights.

Risk Analysis of Natural Hazards - Interdisciplinary Challenges and Integrated Solutions (Hardcover, 1st ed. 2016): Paolo... Risk Analysis of Natural Hazards - Interdisciplinary Challenges and Integrated Solutions (Hardcover, 1st ed. 2016)
Paolo Gardoni, Colleen Murphy, Arden Rowell
R4,146 R3,401 Discovery Miles 34 010 Save R745 (18%) Ships in 12 - 17 working days

This volume investigates the interdisciplinary and cross-cutting challenges in the risk analysis of natural hazards. It brings together leading minds in engineering, science, philosophy, law, and the social sciences. Parts I and II of this volume explore risk assessment, first by providing an overview of the interdisciplinary interactions involved in the assessment of natural hazards, and then by exploring the particular impacts of climate change on natural hazard assessment. Part III discusses the theoretical frameworks for the evaluation of natural hazards. Finally, Parts IV and V address the risk management of natural hazards, providing first an overview of the interdisciplinary interactions underlying natural hazard management, and then exploring decision frameworks that can help decision makers integrate and respond to the complex relationships among natural events, the built environment, and human behavior.

Research Handbook on the World Intellectual Property Organization - The First 50 Years and Beyond (Hardcover): Sam Ricketson Research Handbook on the World Intellectual Property Organization - The First 50 Years and Beyond (Hardcover)
Sam Ricketson
R5,365 Discovery Miles 53 650 Ships in 12 - 17 working days

2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second. This comprehensive Research Handbook explores the history and development of WIPO from its conception, through the changing of its mission over time, to its current position as a largely self-financing specialized UN agency. Chapters examine WIPO's education and technical assistance programmes, its relationship with the WTO, its interaction with emerging economies and WIPO's role in treaty interpretation and substantive and procedural harmonization. The Research Handbook on the World Intellectual Property Organization will be a key resource for scholars of trade and development, and intellectual property. It will also be of value to intellectual property practitioners, government officials and non-governmental organizations concerned with intellectual property, trade, development, and human rights issues and advocacy. Contributors include: T. Aplin, M. Blakeney, A.F. Christie, G. Davies, G. Dinwoodie, R. Dreyfus, A. Duxbury, M. Ficsor, S. Frankel, D. Gangjee, D. Gervais, R. Giblin, J. Ginsburg, I. Heath, A. Kur, J. Liedes, D. Lindsay, A. Quaedvlieg, J. Reichman, S. Ricketson, A. Taubman, S. von Lewinski, K. Weatherall, R. Xalabarder, P.K. Yu

Global Trade, Labour Rights and International Law - A Multilevel Approach (Paperback): Aneta Tyc Global Trade, Labour Rights and International Law - A Multilevel Approach (Paperback)
Aneta Tyc
R1,159 Discovery Miles 11 590 Ships in 12 - 17 working days

This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States-Mexico-Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.

Space Law - Development and Scope (Hardcover): Nandasiri Jasentuliyana Space Law - Development and Scope (Hardcover)
Nandasiri Jasentuliyana
R2,724 Discovery Miles 27 240 Ships in 10 - 15 working days

This volume presents an analysis of the historical background, current status, and future development of space law by noted legal scholars. It focuses on a distinct and growing field of international law that incorporates both public and private law. Specific areas covered are scientific and technical aspects of space and space law; the United Nations and other institutional arrangements; national regulatory aspects; satellite applications; commercialization; dispute settlement; and case law.

Since the establishment of a special law-making body at the United Nations in 1958, there has been a steady expansion of laws and regulations pertaining to space activities. The result has been the development of a distinct and mature discipline of international law. This analysis of space law by recognized experts in the field will interest scholars, practitioners, and policy-makers involved in the regulation of space use and exploration.

Human Rights in Transnational Business - Translating Human Rights Obligations into Compliance Procedures (Hardcover, 1st ed.... Human Rights in Transnational Business - Translating Human Rights Obligations into Compliance Procedures (Hardcover, 1st ed. 2016)
Julia Ruth-Maria Wetzel
R4,082 R3,360 Discovery Miles 33 600 Save R722 (18%) Ships in 12 - 17 working days

This book investigates how human rights law can be applied to corporate entities. To date there have been insufficient international legal mechanisms to bring corporations to justice for their misconduct abroad. The book argues that rather than trying to solve the problem locally, an international approach to corporate human rights compliance needs to be sought to prevent future corporate human rights abuses. Implementing effective and enforceable human rights compliance policies at corporate level allows businesses to prevent negative human rights impacts such as loss of revenue, high litigation costs and damage to reputation. By considering human rights to be an inherent part of their business strategy, corporations will be well equipped to meet national and regional business and human rights standards, which will inevitably be implemented in the next few years. This approach, in turn, also furthers the fundamental aim of international human rights law.

Summary Proceedings (Hardcover): Marc Jobert Summary Proceedings (Hardcover)
Marc Jobert
R8,268 Discovery Miles 82 680 Ships in 10 - 15 working days

Often, the success of court actions depends upon the effectiveness of provisional remedies, conservatory measures or summary judgments taken before or in lieu of the main proceedings. A good decision, obtained after years of effort, is of no use if it cannot be enforced because the debtor's assets have disappeared. This text provides a guide through the web of preliminary actions that can be taken in order to ensure the successful seizing of assets. This practical guide answers questions such as: what is a Mareva Injunction and how can it be used effectively?; what is a refere, in France, Belgium and several other countries, and how can it save the plaintiff years of litigation?; and how can assets be seized in Hong Kong on the basis of a German judgment concerning an Australian living in Turkey? Within each country, each topic is clarified using a comprehensive example, which allows the reader to see the theory in action. "Summary Proceedings" covers the following countries: Australia, Austria, Belgium, Brazil, Cameroon, Canada, Finland, France, Germany, Great Britain, Greece, The Netherlands, Hong Kong, Ireland, Israel, Italy, Korea, Luxembourg, Portugal, Sweden, Switzerland, Tunisia, Turkey and the USA.

Intellectual Property, Human Rights and Competition - Access to Essential Innovation and Technology (Hardcover): Abbe E.L. Brown Intellectual Property, Human Rights and Competition - Access to Essential Innovation and Technology (Hardcover)
Abbe E.L. Brown
R3,017 Discovery Miles 30 170 Ships in 12 - 17 working days

Abbe Brown's new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.' - Steven Anderman, University of Essex, UK and University of Stockholm, Sweden'Much has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.' - Carlos M. Correa, University of Buenos Aires, Argentina 'Intellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!' - Paul Torremans, University of Nottingham, UK 'Abbe Brown's study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionately strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. Brown's study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.' - F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The Netherlands This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society such as pharmaceutical drugs, communications software and technology to combat climate change. The author argues that these three legal fields are strongly interrelated and that they can be used to identify essential technologies. She demonstrates that in some cases, combining the fields can deliver new bases for wider access to be provided to technologies. The solutions developed are strongly based on existing laws, with a focus on the UK and the EU and the structures of existing forms of dispute resolution, including the European Court of Human Rights and the dispute settlement bodies of the World Trade Organization. The final chapters also suggest opportunities for further engagement at international policy and activist level, new approaches to IP and its treaties, and wider adoption of the proposals. This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.

Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions (Hardcover, 1st ed. 2018): Bruce... Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions (Hardcover, 1st ed. 2018)
Bruce Kilpatrick, Pierre Kobel, Pranvera Kellezi
R4,946 Discovery Miles 49 460 Ships in 12 - 17 working days

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 to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject. The second part of the book gathers contributions from various jurisdictions on the topic "To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" 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 exceptions to copyright, 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.

Insuring the Air Transport Industry Against Aviation War and Terrorism Risks and Allied Perils - Issues and Options in a... Insuring the Air Transport Industry Against Aviation War and Terrorism Risks and Allied Perils - Issues and Options in a Post-September 11, 2001 Environment (Hardcover, 2013 ed.)
Yaw Otu Mankata Nyampong
R3,428 Discovery Miles 34 280 Ships in 12 - 17 working days

This book explores the central problems underlying the insurance of aviation war and terrorism risks and associated perils. It critically analyses the reasons why conventional insurance markets are unwilling or unable to provide sustainable insurance coverage for aviation war and terrorism risks in the aftermath of catastrophic events such as the terrorist events of September 11, 2001. It also examines some of the prominent concepts proposed and/or implemented after 9/11 to determine whether and to what extent these concepts avoid identified pitfalls. Like many of life s essentials, the importance of insurance is most evident when it is not available. The sheer scale and magnitude of the insurance losses that followed 9/11 caused conventional insurance markets (which hitherto had been offering generous insurance coverage for aviation war and terrorism risks to air transport operators for little or no premium) to withdraw coverage forthwith. The ensuing absence or insufficiency of commercial insurance coverage for aviation war and terrorism risks has sparked a global search for viable and sustainable alternatives. Ten years have since elapsed, and despite numerous efforts, the fundamental problems remain unresolved. The book proceeds on the premise that the underlying issues are not entirely legal in nature; they have immense economic, psychological and policy implications that cannot be underestimated. A multidisciplinary approach is therefore used in examining the issues, drawing heavily upon analytical principles adapted from law and economics and behavioural law and economics. It is hoped that the resulting study will be beneficial not only to lawyers and those interested in aviation insurance but also to economists, air transport insurance program managers, capital market investors and governmental policymakers, both at the national and international levels.

The Internationalisation of Legal Education (Hardcover, 1st ed. 2016): Christophe Jamin, William van Caenegem The Internationalisation of Legal Education (Hardcover, 1st ed. 2016)
Christophe Jamin, William van Caenegem
R4,713 R4,081 Discovery Miles 40 810 Save R632 (13%) Ships in 12 - 17 working days

This volume provides an overview of the state of internationalisation of legal education (IOLE) in many civil law and common law countries. It provides a picture of the status of the debate about the shape and degree of internationalisation in the curriculum in the different countries, and the debates surrounding the adoption of a more international approach to legal education in the contemporary world. It is a compilation of the National Reports submitted for the August 2014 Congress of the IACL held at Vienna, and contains an introductory general report. Together, the reports examine such questions as: Why is the topic of internationalization of legal education on the agenda now? Why is it a relevant subject for examination today? Does the topic generate the same level of interest everywhere in the world? Is enthusiasm for IOLE mainly driven by the academic sector, by government, by multinational corporations? Is the interest closely linked with the globalization of the practice of law? Or is globalisation of law itself something of a myth, or a reality reserved for only a very small percentage of practising lawyers around the world? The general and national reports make clear that there is indeed widespread interest in IOLE, and numerous disparate initiatives around the world. Nonetheless, some National Reporters state that the topic is simply not on the agenda at all. All in all, the volume shows that the approaches to internationalisation are many and varied, but every jurisdiction recognises the importance of introducing aspiring lawyers to a more integrated global environment.

Transnational, European, and National Labour Relations - Flexicurity and New Economy (Hardcover, 1st ed. 2018): Gerald G.... Transnational, European, and National Labour Relations - Flexicurity and New Economy (Hardcover, 1st ed. 2018)
Gerald G. Sander, Vesna Tomljenovic, Nada Bodiroga-Vukobrat
R4,927 Discovery Miles 49 270 Ships in 12 - 17 working days

This book employs an innovative approach to explore the topic of flexicurity and related changes in the working world, the importance of which for the overall economic and social development is gradually being recognised. It focuses on the changing nature of work and its impact on EU law and national labour and social security laws. Though the transformation of regulatory and institutional frameworks of labour relations follows different patterns in different EU Member States, it is nevertheless a common phenomenon that offers an excellent opportunity for mutual learning experiences and comparing notes on best practices. Taking these ideas as a starting point, the book presents a collection of research on various aspects and implications of changing labour relations in the EU Member States. The opening chapters address the internal market dimension of the transformation of employment relations by investigating how social dumping, integration of migrant workers, and cross-border mergers influence national labour policies and laws. The book further analyses linguistic and terminological challenges in the field of labour law in the EU's multi-lingual legal environment. Subsequent chapters cover various theoretical and practical issues, such as the impact of chain-liability regulatory models on the legal situation of workers in subcontracting networks, and modern work arrangements in the collaborative or 'gig' economy. Other chapters are dedicated to issues of jurisdiction and law applicable to individual employment contracts, as well as alternative resolution mechanisms in labour disputes. The next section offers fresh insights on and a critical overview of the well-known Danish and Dutch models of flexicurity, often cited as role models for reforms of labour markets in other EU Member States. Three individual chapters investigate specific aspects of flexicurity in Croatia, in terms of individual dismissals, life-long learning and the impact of non-standard employment on future pension entitlements. One paper explores temporary agency work in Germany as an important instrument of flexicurity, while another discusses various forms of work used in Slovenia in the context of flexibilization of work relations. Many challenges still lie ahead, and the primary aim of this book is to provide a solid basis for informed future discussions.

Maritime Piracy and Its Control: An Economic Analysis (Hardcover): C. Hallwood, T. Miceli Maritime Piracy and Its Control: An Economic Analysis (Hardcover)
C. Hallwood, T. Miceli
R1,722 Discovery Miles 17 220 Ships in 12 - 17 working days

Maritime Piracy and its Control develops an economic approach to the problem of modern-day maritime piracy with the goal of assessing the effectiveness of remedies aimed at reducing the incidence of piracy.

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