Download or read book Dispute Settlement in the UN Convention on the Law of the Sea written by Natalie Klein and published by Cambridge University Press. This book was released on 2005-01-06 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

Download or read book Contract Damages written by Djakhongir Saidov and published by Bloomsbury Publishing. This book was released on 2008-05-30 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.

Download or read book Review of the Convention on Contracts for the International Sale of Goods CISG 2004 2005 written by Pace International Law Review and published by sellier. european law publ.. This book was released on 2006 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Review of the Convention on Contracts for the International Sale of Goods (CISG) is published yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book compiles translations of recent decisions as well as commentaries of notable cases relating to the CISG. The book provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars. This 2004-2005 volume includes articles such as: Claiming Damages in Export Trade on Recent Developments of Uniform Law; Article 74 of the United States Convention on Contracts for the International Sale of Goods; Brown & Root Services v. Aerotech Herman Nelson: The Continuing Plight of the U.N. Sales Convention in Canada; and Causation in Damages: The Convention on Contracts for the International Sale of Goods, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law.

Download or read book Review of the Convention on Contracts for the International Sale of Goods CISG 2003 2004 written by Pace International Law Review and published by sellier. european law publ.. This book was released on 2005 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Pace International Law Review edits the Review of the Convention on Contracts for the International Sale of Goods (CISG). The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars. The Review was former published by Kluwer Law International.

Download or read book Harvey Kurtzman s Jungle Book written by Harvey Kurtzman and published by Dark Horse Comics. This book was released on 2014 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harvey Kurtzman's Jungle Book is widely regarded as one of the greatest comic books of all time, and was voted into the 'Top 100 Comics of the 20th Century' by The Comics Journal. Written and illustrated by Kurtzman in 1959, Jungle Book takes a satirical swipe at the cultural monoliths of the day: detective shows, Western movies and the publishing industry in general. Equally unafraid to take on social issues, Kurtzman also satirises the lynch-hungry mobs still prevalent in the South, and the nascent rise of the Freudian movement within popular culture.

Download or read book Binding Corporate Rules written by Lokke Moerel and published by OUP Oxford. This book was released on 2012-07-26 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The digital era shows an unprecedented worldwide flow of data within multinational companies and their external service providers. Binding Corporate Rules (BCRs) are designed to allow these companies to transfer personal data across borders in compliance with EU Data Protection Law. This is the first work to give an in-depth assessment of the BCR regime. It discusses the origins of the regime and the material requirements of BCR, as well as how they should be applied in practice and made binding on the companies and employees. It also covers how BCRs may provide for enforceable rights for the beneficiaries of the regime and how they should be brought in line with requirements of European rules on private international law. The work also analyses a number of significant academic debates in the areas of transnational private regulation and data protection. It reflects on the debates as to the legitimacy of transnational private regulation as a method of regulating corporate conduct and also focuses on the merits and shortcomings of BCR as a method for regulating global data transfers. This book is essential reading for those who need to understand more about the BCR regime, and require insight into how cross-border data transfers could be better protected in the future.

Download or read book Force Majeure and Hardship Under General Contract Principles written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.

Download or read book International Sales Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2005-09-05 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the state of international sales law and the provisions of the CISG.

Download or read book The Draft UNCITRAL Digest and Beyond written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 891 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The Draft UNCITRAL Digest and Beyond” is one of the most useful single volumes available on the CISG. It includes the full text of the draft “UNCITRAL Digest” which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. “The Digest and Beyond” includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. “The Digest and Beyond” includes the draft “UNCITRAL Digest”, even before it is released officially by UNCITRAL. It also goes where the authors of the Digest were not allowed to go, given the narrow mandate within which the drafters were asked to work. Its chapters build upon the work of the “UNCITRAL Digest”. The Digest describes the reasoning and results of existing CISG cases; in “The Digest and Beyond”, the Digest authors analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, “The Digest and Beyond” provides scholarship that can direct future cases in areas that have not yet been considered by courts and arbitrators as well as in areas in which contradictory court decisions exist.

Download or read book A Practitioner s Guide to the Unified Patent Court and Unitary Patent written by Paul England and published by Bloomsbury Publishing. This book was released on 2022-12-01 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Practitioner's Guide to the Unified Patent Court and Unitary Patent provides practical and detailed advice on all aspects of the system for those using it. The book explains how the UPC system works in the context of the wider European patent system, including the UK, and how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular: - The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings; - Rules on competence, substantive law, jurisdiction, language and judges; - The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings. The book is written for private practitioners and in-house counsel by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK. It provides insights from national approaches to the features above and gives answers to common problems.

Download or read book Vienna Convention on the Law of Treaties written by Oliver Dörr and published by Springer. This book was released on 2018-01-15 with total page 1546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.

Download or read book The Oxford Handbook of Caribbean Constitutions written by Richard Albert and published by Oxford University Press, USA. This book was released on 2020-04-09 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Caribbean Constitutions offers a detailed and analytical view of the constitutions of the Caribbean region, examining the constitutional development of its diverse countries. The Handbook explains the features of the region's constitutions and examines themes emerging from the Caribbean's experience with constitutional interpretation and reform.0Part I, 'Caribbean Constitutions in the World', highlights what is distinctive about the constitutions of the Caribbean. Part II covers the constitutions of the Caribbean in detail, offering a rich analysis of the constitutional history, design, controversies, and future challenges in each country or group of countries. Each chapter in this section addresses topics such as the impact of key historical and political events on the constitutional landscape for the jurisdiction, a systematic account of the interaction between the legislature and the executive, the civil service, the electoral system,0and the independence of the judiciary.0Part III addresses fundamental rights debates and developments in the region, including the death penalty and socio-economic rights. Finally, Part IV features critical reflections on the challenges and prospects for the region, including the work of the Caribbean Court of Justice and the future of constitutional reform.0This is the first book of its kind, bringing together in a single volume a comprehensive review of the constitutional development of the entire Caribbean region, from the Bahamas in the north to Guyana and Suriname in South America, and all the islands in between. While written in English, the book embraces the linguistic and cultural diversity of the region, and covers the Anglophone Caribbean as well as the Spanish-, French-, and Dutch-speaking Caribbean countries.

Download or read book International Criminal Procedure written by Göran Sluiter and published by OUP Oxford. This book was released on 2013-03-21 with total page 1720 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

Download or read book Contents and Effects of Contracts Lessons to Learn From The Common European Sales Law written by Aurelia Colombi Ciacchi and published by Springer. This book was released on 2016-05-18 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical analysis of the rules on the contents and effects of contracts included in the proposal for a Common European Sales Law (CESL). The European Commission published this proposal in October 2011 and then withdrew it in December 2014, notwithstanding the support the proposal had received from the European Parliament in February 2014. On 6 May 2015, in its Communication ‘A Digital Single Market Strategy for Europe’, the Commission expressed its intention to “make an amended legislative proposal (...) further harmonising the main rights and obligations of the parties to a sales contract”. The critical comments and suggestions contained in this book, to be understood as lessons to learn from the CESL, intend to help not only the Commission but also other national and supranational actors, both public and private (including courts, lawyers, stakeholders, contract parties, academics and students) in dealing with present and future European and national instruments in the field of contract law. The book is structured into two parts. The first part contains five essays exploring the origin, the ambitions and the possible future role of the CESL and its rules on the contents and effects of contracts. The second part contains specific comments to each of the model rules on the contents and effects of contracts laid down in Chapter 7 CESL (Art. 66-78). Together, the essays and comments in this volume contribute to answering the question of whether and to what extent rules such as those laid down in Art. 66-78 CESL could improve or worsen the position of consumers and businesses in comparison to the correspondent provisions of national contract law. The volume adopts a comparative perspective focusing mainly, but not exclusively, on German and Dutch law.

Download or read book Presidents of India America with Britain s Kings Queens written by Charan Lal Sahu and published by Notion Press. This book was released on 2018-07-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presidents of India & America with Britain’s Kings & Queens

Download or read book Labour Law in Greece written by Viktoria Sp. Douka and published by Kluwer Law International B.V.. This book was released on 2022-11-20 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Greece not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Greece, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

Download or read book EU Electronic Communications Code Handbook written by Francesco Liberatore and published by Bloomsbury Publishing. This book was released on 2021-07-30 with total page 1372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation of electronic communications in the EU Member States is increasingly driven by European legislation. This title collects the key European legislation and other instruments pertinent to the electronic communications sector and in some cases is annotated by Francesco Liberatore and his colleagues at global law firm, Squire Patton Boggs. The timing of this title is particularly opportune as it includes: - The new EU Electronic Communications Code Directive - The Commission's Guidelines on market analysis and its recommendation on relevant markets - Significant measures (other Directives, Commission decisions and recommendations) integral to the regulatory framework - The BEREC Common Position on Remedies and other BEREC texts