Download or read book Harmonization of Legislation in Federal Systems written by Ingolf Pernice and published by Juris Publishing, Inc.. This book was released on 1996 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional, Federal and Subsidiarity Aspects - The European Union and the United States of America ComparedThis collection of reports and comments from the First and Second Symposium of the Columbia Law School and the Law Faculty of the Johann Wolfgang Goethe-University Frankfurt a. Main on Comparative Law (held respectively in 1995 and 1996) deal with issues of regulatory federalism and harmonization of laws in comparative perspective. The scope of the reports and comments are broad enough to cover both constitutional principles, on the one hand, and specific areas of legislation--environmental, labor and corporate law--on the other. The purpose was to discuss the concepts of federalism and subsidiarity not only in the abstract, but also as against practical needs and political reality.

Download or read book Harmonization of Legislation in Federal Systems written by and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Harmonization of Legislation in Federal Systems written by and published by . This book was released on 1997 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Harmonization of Laws in Federal Systems written by Parker School of Foreign and Comparative Law and published by . This book was released on 1996 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Lawmaking in Multi level Settings written by Patricia Popelier and published by Nomos Verlag. This book was released on 2019-09-18 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Rechtsetzung ist bereits im nationalen Kontext schwer genug; in mehrstufigen Umfeldern wie den Bundesländern oder der EU ist sie jedoch noch komplizierter. Auf zentraler Ebene müssen Gesetze der Autonomie und Diversität der einzelnen Einheiten Rechnung tragen und trotzdem effektiv, kohärent, einfach und zugänglich sein. Auf der dezentralen Ebene müssen Gesetzgeber die Gesetze, die auf zentraler Ebene erarbeitet wurden, in einem festgelegten Zeitraum in ihrem eigenen Rechtsrahmen implementieren. Diese Herausforderungen werden in diesem Werk, das ausgewählte Beiträge der 2018 an der Universität Antwerpen stattgefundenen Konferenz der Internationalen Gesellschaft für Gesetzgebung enthält, diskutiert. Es befasst sich mit allen Mehrebenensystemen; ein besonderer Fokus liegt jedoch auf der EU, wo die Spannung zwischen Autonomie und Effizienz besonders offensichtlich ist. Teil I untersucht das Thema auf allgemeinster Ebene und umfasst alle Typen von Mehrebenensystemen. Teil II befasst sich mit der EU-Perspektive und Teil III mit der Perspektive der Mitgliedsstaaten. Die Autoren sind Experten in verschiedenen Disziplinen und Praktiker, was einen interdisziplinäre Herangehensweise sicherstellt.

Download or read book Harmonization of company law in Europe written by Jochen Müller and published by GRIN Verlag. This book was released on 2006-06-30 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2002 in the subject Law - Comparative Legal Systems, Comparative Law, grade: ECTS-Note A (Excellent), University of Bergen (Juristische Fakultät), course: Comparative Company Law, language: English, abstract: European law is a daily reality. The legislation and, correspondingly, the extend of regulations given by the written primary and secondary European Union (EU) law becomes so densely, meanwhile almost as densely as it was hitherto only known from the national regulations system. Consequently, e.g. in Germany, more than 50 per cent of all administrative decisions on federal, state or communal level are taken on basis of regulations coming from Brussels - not everybody is aware of this development yet. From a theoretical point of view, this EU-legislation can be divided into two different types of rules. One type, of course, are the rules passed by the EU-legislator which create new fields of law. This is regularly then the case if supranational European institutions are founded. The by far bigger part of EU-legislation is, however, that type which consists of rules created to harmonize the regulations already existing on national level in the Member States in order to lighten the burden of friction caused by 12 different (not to talk about the future developments, namely the East-Enlargement of the European Union) systems within the EU in the age of globalization, especially seen from an economical point of few. Again, from a theoretical point of view, the legislative instrument of harmonization can be divided into two categories. The first can be described as assimilation and adjustment. It is meant to bring the differing national regulations in one subject of matter, e.g. company law, in a kind of mainstream, i.e. to co-ordinate and to make them similar but not necessarily uniform. The Commission in that case normally uses directives for harmonization of law. The Member States then are obliged to set up their own legislation in a manner that the principle of effectiveness of the EU-rules is not infringed but promoted. Nevertheless, there is room for keeping alive typical and traditional national characteristics of legislation. The second category of harmonization can be described as standardization or, even stronger, unification of law. In that case the means of EU-regulation is used. It takes away the freedom of the Member States to design and set up harmonized rules in their own responsibility. An EU-regulation is binding upon every Member State and it has immediate validity. Thus, unlimited availability of the same law throughout the whole Community is, ideally, being achieved.

Download or read book Federalism and Legal Unification written by Daniel Halberstam and published by Springer Science & Business Media. This book was released on 2013-11-21 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. ​ This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam

Download or read book The Harmonization of International Commercial Law written by Silvia Fazio and published by Kluwer Law International B.V.. This book was released on 2007-01-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface. 1. The World Scenario and the Approximation of Law. 2. Vehicles for the Harmonisation of Law. 3. Regionalisation and Standardisation of Law. 4. Regional Corporate Law Harmonisation: The EU and the Mercosur. 5. The Infrastructure of Capital. 6. The Phenomenon of Development: International and Regional Approaches to Banking and Financial Law. 7. Theories of the Company. 8. Corporate Governance. 9. International Legal Standards and the Inclusion of Emerging Countries in the Globalised Order: The Case Study of Brazil. 10. Conclusion: Legal Pluralism and the Creation of Standards within the Process of Globalisation¿Analytical Summary and Theoretical and Practical Implications. Bibliography.

Download or read book Standards for Internal Control in the Federal Government written by United States Government Accountability Office and published by Lulu.com. This book was released on 2019-03-24 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policymakers and program managers are continually seeking ways to improve accountability in achieving an entity's mission. A key factor in improving accountability in achieving an entity's mission is to implement an effective internal control system. An effective internal control system helps an entity adapt to shifting environments, evolving demands, changing risks, and new priorities. As programs change and entities strive to improve operational processes and implement new technology, management continually evaluates its internal control system so that it is effective and updated when necessary. Section 3512 (c) and (d) of Title 31 of the United States Code (commonly known as the Federal Managers? Financial Integrity Act (FMFIA)) requires the Comptroller General to issue standards for internal control in the federal government.

Download or read book Bill S 10 written by Wade Raaflaub and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislative Summaries (LS) provide information on most government bills, including the purpose and history of the legislation, an analysis of important clauses and comments from interest groups, the media and other sources.

Download or read book Perspectives on the Harmonization of Law in Canada written by Ronald C. C. Cuming and published by . This book was released on 1985 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Harmonizing Law in an Era of Globalization written by Larry Catá Backer and published by . This book was released on 2007 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book highlight the most important ways in which domestic, international, public, and private legal systems interact with each other. The initial essays provide a theoretical overview of the study of legal harmonization--that is, of the nature and character of communication, accommodation, amalgamation, or resistance among legal systems. These interactions occur within horizontal relationships, between political institutions operating at the same level of authority. Vertical relationships between political institutions whose relationships are hierarchical have given rise to different patterns of interaction. New legal orders are being created through the adoption of international legal instruments that may reach nation-states, private entities, and individuals. Each has the potential for significantly affecting the sources of authority over public and private actors. Other essays illustrate the many ways in which communication between legal systems produce very real, if very different, effects across the world. This book is part of the Studies on Globalization and Society Series, edited by Raj Bhala, Rice Distinguished Professor, The University of Kansas School of Law. "[T]he individual essays may be profitably used to illustrate and discuss harmonization among both legal systems and political systems. In particular, the essays on South Africa, on Mercosur, and on Islam raise some distinct challenges and clear issues for scholars and students of globalization, both from a legal and a political science perspective." -- Law & Politics Book Review

Download or read book Theory and Practice of Harmonisation written by Mads Andenas and published by Edward Elgar Publishing. This book was released on 2012 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation. The contributing authors address a variety of different subjects concerned with harmonisation and the application of legal rules resulting from harmonisation efforts. This study is written by leading scholars engaged in different aspects of harmonisation, and covers both regional harmonisation within the EU and regional human rights treaties, as well as harmonisation with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonisation in other regions in Asia, Latin America and Africa.

Download or read book The Treaty Power and the Patent Clause written by Timothy R. Holbrook and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The latter part of the twentieth century saw considerable efforts at the harmonization of international intellectual property laws through international agreements such as the North American Free Trade Agreement and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). Efforts at harmonizing international intellectual property laws are nothing new, however. Countries have been attempting to harmonize their laws since the nineteenth century. Increasingly, the United States has altered its intellectual property laws in order to comport with international standards. All of these treaties and agreements retain a key feature of intellectual property: the rights afforded are territorial in nature. At this time, any intellectual property rights within the United States are products of national law, and their geographic scope generally is limited to within the United States. The ability of the United States federal government to make law is not unlimited, even with respect to intellectual property. The U.S. federal government is one of limited powers, as enumerated by the Constitution. In the context of international patent harmonization, therefore, the ability of the U.S. to harmonize necessarily implicates the enumerated powers of the federal government. The constitutional provisions most relevant to harmonization efforts are the Patent and Copyright Clause and the Treaty Power. The Patent and Copyright Clause is found in Section 8 of Article I of the U.S. Constitution. Article I governs the structure of, powers granted to, and limitations on the U.S. Congress. Clause 8 of section 8 specifically grants Congress the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The Treaty Power is found in Article II, which defines the scope of the executive branch of the federal government. Specifically, section 2 of Article II affords the President the “Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” Other than the requirement for concurrence by a supermajority of the Senate, there is no express limitation on the President's power under the Treaty Power. The question remains, though, as to whether the limitations of the Patent Clause constrain the ability of the federal government to act pursuant to the Treaty Power. In other words, could Congress, under the auspices of a treaty, pass an intellectual property law that contravenes the limitations of the Patent Clause, such as affording a patent of infinite duration? Recent scholarship analyzing such constitutional conflicts generally has focused on these two clauses in isolation. With respect to the Patent Clause, professors Sherry and Heald have analyzed whether any perceived limitations in the Patent Clause transcend that clause and limit Congress' powers elsewhere, such as under the Commerce Clause. The potential conflict between co-equal powers of Congress could be viewed as horizontal conflicts. Similarly, a healthy debate has developed over the scope of the Treaty Power vis-à-vis the Commerce Clause and the rights of the states in a federal system, which is more of a vertical conflict. Little scholarship, however, has rigorously addressed the potential for horizontal conflicts between the Patent Clause and the Treaty Power. Nor have the courts expressly addressed this issue. This Article addresses this omission, paying attention to the implications for international patent harmonization. This Article concludes that, under the current regime of nationally-based patent rights, the Patent Clause does limit the authority of Congress to harmonize U.S. law with international standards. If harmonization evolves into supranational patent rights, however, then the Patent Clause would no longer eclipse the authority of the Treaty Power. Such a result is possible because, in a supranational regime, the source of granting authority for the exclusive rights is no longer the U.S. federal government, but rather the international agreement itself.

Download or read book Management of Animal Care and Use Programs in Research Education and Testing written by Robert H. Weichbrod and published by CRC Press. This book was released on 2017-09-07 with total page 917 pages. Available in PDF, EPUB and Kindle. Book excerpt: AAP Prose Award Finalist 2018/19 Management of Animal Care and Use Programs in Research, Education, and Testing, Second Edition is the extensively expanded revision of the popular Management of Laboratory Animal Care and Use Programs book published earlier this century. Following in the footsteps of the first edition, this revision serves as a first line management resource, providing for strong advocacy for advancing quality animal welfare and science worldwide, and continues as a valuable seminal reference for those engaged in all types of programs involving animal care and use. The new edition has more than doubled the number of chapters in the original volume to present a more comprehensive overview of the current breadth and depth of the field with applicability to an international audience. Readers are provided with the latest information and resource and reference material from authors who are noted experts in their field. The book: - Emphasizes the importance of developing a collaborative culture of care within an animal care and use program and provides information about how behavioral management through animal training can play an integral role in a veterinary health program - Provides a new section on Environment and Housing, containing chapters that focus on management considerations of housing and enrichment delineated by species - Expands coverage of regulatory oversight and compliance, assessment, and assurance issues and processes, including a greater discussion of globalization and harmonizing cultural and regulatory issues - Includes more in-depth treatment throughout the book of critical topics in program management, physical plant, animal health, and husbandry. Biomedical research using animals requires administrators and managers who are knowledgeable and highly skilled. They must adapt to the complexity of rapidly-changing technologies, balance research goals with a thorough understanding of regulatory requirements and guidelines, and know how to work with a multi-generational, multi-cultural workforce. This book is the ideal resource for these professionals. It also serves as an indispensable resource text for certification exams and credentialing boards for a multitude of professional societies Co-publishers on the second edition are: ACLAM (American College of Laboratory Animal Medicine); ECLAM (European College of Laboratory Animal Medicine); IACLAM (International Colleges of Laboratory Animal Medicine); JCLAM (Japanese College of Laboratory Animal Medicine); KCLAM (Korean College of Laboratory Animal Medicine); CALAS (Canadian Association of Laboratory Animal Medicine); LAMA (Laboratory Animal Management Association); and IAT (Institute of Animal Technology).

Download or read book Multistate Coordination and Harmonization for AV Legislation written by Lisa Dawn Loftus-Otway and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Over two-thirds of states in the U.S. have enacted automated vehicle (AV) legislation, an executive order regarding AVs, or both. AV laws and regulations may differ for licensing, registration, operator requirements, equipment, insurance, and platooning, among others. A consistent deployment framework for AV technology and AV regulations among state, local, and tribal territories is necessary so AVs can operate seamlessly. NCHRP Legal Research Digest 91: Multistate Coordination and Harmonization for AV Legislation, from TRB's National Cooperative Highway Research Program, provides guidance for multistate coordination and harmonization for AV legislation for Levels 3 through 5 vehicles. It also presents the legal issues and barriers to national harmonization of state AV laws and addresses the federal government’s role in AV legislation concerning deployment and the operation of a vehicle on public roads by members of the public who are not employees, contractors, or designees of a manufacturer or other testing entity."--Publisher's website

Download or read book Environmental Regulation in a Federal System written by Tim Jeppesen and published by Edward Elgar Publishing. This book was released on 2002-01-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'An imaginative book that contributes significantly to the debate on regulatory federalism. The even-handed approach should appeal to a broad audience, including academics, policymakers, and the general reader interested in the optimal institutional arrangements for the provisioning of public goods.' - John A. List, University of Maryland, College Park, US In this important book Tim Jeppesen investigates environmental regulation in a federal system and addresses the underlying question of whether regulation should be decided centrally, by EU institutions, or de-centrally, by individual member states. Whilst simple economic reasoning presumes that transboundary externalities require central solutions and local externalities need local solutions, the author finds that the real answer is much more complicated.