Download or read book Contribution l tude de la force majeure written by Paul-Henri Antonmattei and published by LGDJ. This book was released on 1992 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: LES JURIDICTIONS DE L'ORDRE JUDICIAIRE PLACENT LA FORCE MAJEURE SOUS LE SIGNE DE LA VARIATION : VARIATIONS DE LA QUALIFICATION MAIS AUSSI VARIATIONS DES FONCTIONS DE CETTE NOTION. LES PREMIERES SONT REDUCTIBLES LE CONTENU DE LA QUALIFICATION PEUT ETRE STABILISE PAR L'ABANDON DU TRYPTIQUE - EXTERIORITE, IMPREVISIBILITE, IRRESISTIBILITE - QUI TRADITIONNELLEMENT LE CARACTERISE. TROIS STANDARDS SONT PREFERABLES : L' IMPOSSIBILITE CREEE PAR L'EVENEMENT, L'INEVITABILITE ET L'IRRESISTIBILITE STRICTO SENSU. LA FORCE MAJEURE EST DES LORS UN STANDARD JURIDIQUE. LES VARIATIONS DU JEU DE LA QUALIFICATION DE FORCE MAJEURE SONT EGALEMENT REDUCTIBLES, POUR AUTANT QUE SOIT NOTAMMENT ADOPTEE UNE VERITABLE THEORIE DE LA JUSTIFICATION. LES VARIATIONS DES FONCTIONS DE LA FORCE MAJEURE SONT PLUS INTERESSANTES. ELLES EXPRIMENT D'ABORD UN EPANOUISSEMENT DU ROLE DE LA FORCE MAJEURE. A LA TRADITIONNELLE FONCTION LIBERATOIRE - DONT LES APPLICATIONS SONT DIVERSES - S'AJOUTE UN EFFET CONSERVATOIRE SOUVENT MECONNU. MAIS LES VARIATIONS TRADUISENT AUSSI UN AFFINEMENT DU ROLE DE LA FORCE MAJEURE. L'EFFET LIBERATOIRE DOIT ETRE ADAPTE, SINGULIEREMENT EN MATIERE CONTRACTUELLE. SON EVICTION EST PARFAITEMENT CONCEVABLE.
Download or read book Justification and Excuse in International Law written by Federica Paddeu and published by Cambridge University Press. This book was released on 2018-01-11 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The defences available to an agent accused of wrongdoing can be considered as justifications (which render acts lawful) or excuses (which shield the agent from the legal consequences of the wrongful act). This distinction is familiar to many domestic legal systems, and tracks analogous notions in moral philosophy and ordinary language. Nevertheless, it remains contested in some domestic jurisdictions where it is often argued that the distinction is purely theoretical and has no consequences in practice. In international law too the distinction has been fraught with controversy, though there are increasing calls for its recognition. This book is the first to comprehensively and thoroughly examine the distinction and its relevance to the international legal order. Combining an analysis of state practice, and historical, doctrinal and theoretical developments, the book shows that the distinction is not only possible in international law but that it is also one that would have important practical implications.
Download or read book Unexpected Circumstances in European Contract Law written by Ewoud Hondius and published by Cambridge University Press. This book was released on 2011-03-03 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2006 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drafting International Contracts" is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.
Download or read book European Contract Law written by Bénédicte Fauvarque-Cosson and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.
Download or read book Environmental and Energy Law written by Karen Makuch and published by John Wiley & Sons. This book was released on 2012-10-01 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite bringing prosperity, industrialisation generally leads to increasing levels of pollution which has a detrimental impact on the environment. In response, legislation which seeks to control or prevent such impact has become common. Similarly, climate change and energy security have become major drivers for the regulatory regimes that have emerged in the energy field. Given the global or regional scope of many environmental problems, international cooperation is often necessary to ensure such legislation is effective. The EU and the UK have contributed to the development of the environmental and energy law regimes currently in force, spanning across international, transnational and national levels. At the same time, practical responses to environmental and energy problems have largely been the focus of engineers, scientists and other technical experts. Environmental & Energy Law attempts to bridge the knowledge gap between legal developments designed to achieve environmental and/or energy-related objectives and the practical, scientific and technical considerations applicable to the same environmental problems. In particular, it attempts to convey a broad range of topical issues in environmental and energy law, from climate and energy regulation, technology innovation and transfer, to pollution control, environmental governance and enforcement. In addition the book outlines key sector specific legal regimes (including water, waste and air quality management), focusing on issues or topics that are particularly relevant to both environmental and energy lawyers, and engineering, science and technology-oriented professionals and students. In this vein, the book guides the reader on some basic practical applications of the law within scientific, engineering and other practical settings. The book will be useful to all those working or studying in the environmental or energy arena, including law students, legal professionals, engineering and science students and professionals. By adopting a multi-disciplinary approach to environmental and energy law, the book embraces all readerships and helps to address the often thorny problem of communication between scientists, engineers, lawyers and policy-makers.
Download or read book International Investment Law and General International Law written by Christian J. Tams and published by Edward Elgar Publishing. This book was released on 2023-01-19 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law.
Download or read book Elgar Encyclopedia of Comparative Law Second Edition written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
Download or read book The New French Law of Contract written by Solène Rowan and published by Oxford University Press. This book was released on 2022-08-22 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges with an interest in comparative law.
Download or read book Property and the Law in Energy and Natural Resources written by Aileen McHarg and published by . This book was released on 2010 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment. The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.
Download or read book Mobility in the Face of Extreme Hydrometeorological Events 1 written by Celine Lutoff and published by Elsevier. This book was released on 2018-07-25 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mobilities Facing Hydrometeorological Extreme Events 1: Defining the Relevant Scales of Analysis provides a summary of the interdisciplinary work done over the past ten years on the exposure of daily mobility. Residential mobility, the way in which the occupation of the flood zones evolves with time, and the resulting immobile exposure are also at the heart of this work. In the face of recrudescence and the intensification of fast floods, the book seeks to understand how the interaction of hydro-meteorological, social and development dynamics combine to bring about an improvement or, on the contrary, a worsening of both mobile and immobile exposure. The book relies on different fields and studies conducted in the South East of France and more broadly on the Mediterranean basin to answer these questions and verify these hypotheses, with a forward challenge to better understand how population movements are exposed to these phenomena. - Provides a synthesis of interdisciplinary work on the exposure of daily mobilities - Establishes a diagram of the evolution of the flood zones and the immobile exposure - Finds the cause and effect of these phenomena - Conducts studies to answer these questions and verify these hypotheses
Download or read book Research Handbook on UN Sanctions and International Law written by Larissa van den Herik and published by Edward Elgar Publishing. This book was released on 2017-07-28 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.
Download or read book Basic Documents on International Trade Law written by Chia-Jui Cheng and published by Kluwer Law International B.V.. This book was released on 2012-04-27 with total page 2007 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone involved in trade law knows the time-consuming nature of obtaining primary source material and consulting each of the main trade laws. Now in its fourth edition, Basic Documents in International Trade Law solves this problem by assembling, in a single, easy-to-use resource, a very comprehensive collection of the most important and frequently used documents on the law of international trade. In addition to its obvious practical value, this work reveals much about the process of harmonization in international trade law and the operation of the key international trade bodies. This makes the book a helpful reference for international business lawyers, researchers, legislators and government officials in the field. Since the successful publication of the previous editions of the book, the appearance of new conventions and model laws has considerably enriched the law of international trade, and the present edition contains a wealth of new material. The book has been substantially revised and several new instruments have been included. Among the most significantly important improvements to this new edition are new chapters added to different parts of the book, a redesigned and thoroughly revised Part 6 reflecting the expansion of intellectual property rights under the framework of treaties administered by World International Property Organization, and bibliographies and other research resources updated and enlarged to include an extraordinarily rich collection of books and articles in many trading languages besides English, including, for the first time, major Chinese works in the international trade law field. As the late Prof. Clive M. Schmitthoff commented on the first edition, the book ‘is not only of practical usefulness but has also considerable jurisprudential value’, and ‘reveals the methodology of the harmonization process in the area of international trade law’. The International Business Lawyer first commented in 1987 that the book ‘can only be described as a “vade mecum” for every international business lawyer’, an assessment that now seems more merited than ever.
Download or read book An International Restatement of Contract Law written by Michael Joachim Bonell and published by . This book was released on 1997 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNIDROIT Principles represent a totally new approach to international trade law. They are the result of years of intensive study by leading experts in the field of contract and international trade law from all the major legal and socio-economic systems of the world. They consist of a Preamble and 119 articles divided into seven chapters (General Provisions; Formation; Validity; Interpretation; Content; Performance; and Non-Performance). The chapter on performance contains a special section on hardship, while the chapter on non-performance deals with such questions as the right to performance, termination, and damages. "An International Restatement of Contact Law" was the first commenatary on the UNIDROIT Principles to be published. It provides an insider's view into the origin, preparation, and basic ideas of the Principles. Moreover, it illustrates the various ways in which the UNIDROIT Principles may be used by the international community, such as legislators, judges, arbitrators, and lawyers. This second, enlarged edition includes four new chapters; two additional foreign language versions of the Principles; as well as 25 recent court decisions and arbitral awards mentioning the Principles.
Download or read book Twenty Years of International Sales Law Under the CISG the Convention on Contracts for the International Sale of Goods International Bibliography and Case Law Digest 1980 2000 written by Michael Will and published by Springer. This book was released on 2000-02-22 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on Contracts for the International Sale of Goods (CISG) came into force in 1980 and has been ratified and adopted by over 50 of the world's major trading nations. This landmark Convention has set the tone for the harmonization of international law and by its widespread acceptance spurred progress in the harmonization of laws in other areas. Scholars and practitioners from around the world have written extensively on the development and impact of the CISG while courts and arbitral tribunals have issued opinions and judgements based on articles of the Convention. Because of this growing body of information, a need arose for a reference work that would provide easy access to this subject. For the past 20 years Professor Michael Will has been recognized as compiling the most definitive bibliography of books and articles on the CISG as well as a comprehensive digest of all cases related to the CISG. Now that the Convention for the International Sale of Goods is reaching its twentieth anniversary and the number of writings on the CISG exceeds 2,000 items and case law and arbitral decisions number over 200, the time is opportune to publish Professor Will's important reference work for wider dissemination.
Download or read book Selected Acquisitions written by Robert Crown Law Library and published by . This book was released on 1992 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Belgian review of international law written by and published by . This book was released on 2001 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:
