Download or read book Foundations of Public Contracts written by Giacomuzzi, José G. and published by Edward Elgar Publishing. This book was released on 2022-05-06 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Agenda documents and establishes the thinking of leading scholars in the field of political marketing and related sub-fields, also encompassing additional social science disciplines that intersect at the crossroads of political marketing.
Download or read book Revue Du Barreau Canadien written by and published by . This book was released on 1970 with total page 868 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Codification of Administrative Procedure written by Jean-Bernard Auby and published by Primento. This book was released on 2013-11-27 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law on administrative procedure regulates the processes through which administrative decisions and administrative projects are elaborated. It is more and more regarded as essential in administrative laws: it is really considered as the central part of it in some systems. In many jurisdictions, rules concerning administrative procedure are codified, gathered in a single piece of general legislation: in a few, it remains non codified. The book is made of the different contributions presented on the topic to the last congress of the International Academy of International Law (Taipei, 2012): national reports on twenty countries and a general report. These contributions examine the way administrative procedure became codified, the obstacles which had to be overcome, the main orientations of the codes, their evolution in time; alternatively, they explain why administrative procedure is not codified. Providing extensive materials on an issue which is a concern in many administrative laws and many administrative systems, the book is intended for all searchers and experts in administrative law and public management, whether academics or practitioners.
Download or read book Customary Law Today written by Laurent Mayali and published by Springer. This book was released on 2018-06-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current practices in customary law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary law on various aspects of private law, constitutional law, business law, international law and criminal law. In addition, the book expands the traditional concept of the rule of law, and argues that lawyers should not narrowly focus on statutory law, but should instead pay more attention to the impact of practices on “real legal life.” It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems – the idea being not to replace statutory law, but to complement it with customary observations.
Download or read book EU Public Contract Law written by Roberto Caranta and published by Primento. This book was released on 2013-12-13 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses many aspects of the present EU regulatory framework for public contracts, especially public procurement, taking the ongoing reform process into account. First, several chapters discuss the regime of the Public Sector Procurement Directive 2004/18/EC governing the procurement activities of the EU Member States, the coverage of the Directive, qualification and technical specifications, procurement procedures, and award criteria. A specific chapter describes the EU principles applicable to contracts not covered or partially covered by the Directive, which have been the subject of relevant developments in the case law of the European Court of Justice. Another chapter covers sustainable procurement. Second, three chapters are devoted to special procurement regimes, namely public private partnerships, defence and utilities. Third, the review and remedies regime for public procurement is covered in two chapter. Fourth, one chapters goes beyond public procurement and looks at the effect of EU law on the contract management of public contracts, after their conclusion. Fifth, three chapters go beyond the regulation of the Member States and look at the EU law regime applicable to contracts of the EU institutions. Sixth and finally, a concluding chapter provides a critique of the EU legal framework by an author from outside the EU.
Download or read book Contract Changes written by Dacian C. Dragos and published by Edward Elgar Publishing. This book was released on 2023-01-20 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Changes comparatively analyses the contract modification regulation of 11 EU Member States, drawing on case law and common legal practice. As the first comparative study of material contract modifications, this book explores the interpretation of key concepts such as: unforeseen circumstances, non-equivocal clauses and the overall nature of the contract.
Download or read book The Public Law Private Law Divide written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2006-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".
Download or read book La modification du contrat administratif written by Hélène Hoepffner and published by LGDJ. This book was released on 2009 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le contrat est un acte de prévision. Mais il est aussi un engagement permettant la réalisation à long terme de prestations. Il ne saurait donc être figé. En droit administratif, il est même de l'essence du contrat d'admettre des modifications aux conditions fixées initialement. La modification est au coeur du mécanisme contractuel qui est conçu comme un instrument de réalisation des objectifs de service public. Or depuis quelques années, ces principes classiques ont été remis en cause par l'extension des obligations de mise en concurrence venues limiter la liberté de l'Administration ou des parties de modifier leur contrat. Cette extension a deux conséquences. D'une part, elle détermine la notion de modification car elle délimite l'étendue de la modification. Au-delà d'un certain seuil, défini par le juge grâce aux critères de l'objet nouveau et du bouleversement de l'économie du contrat, la modification se transforme en nouveau contrat dont la passation doit faire l'objet d'une nouvelle mise en concurrence. Elle est donc jugée illégale car elle remet en cause les conditions initiales de la mise en concurrence. D'autre part, la réglementation rétroagit sur la mise en oeuvre de la modification en imposant des conditions de forme et de procédure similaires pour tous les instruments modificatifs. Quelle que soit son origine - unilatérale ou contractuelle - et quel que soit l'instrument utilisé pour la matérialiser (avenant, transaction, marché complémentaire, décision de poursuivre, ordre de service), la modification est encadrée par des contraintes extérieures à la volonté des parties résultant des principes de concurrence et de transparence. Dès lors, il n'y a plus lieu d'opposer les actes modificatifs unilatéraux aux actes modificatifs contractuels.
Download or read book The Max Planck Handbooks in European Public Law Volume I The Administrative State written by Sabino Cassese and published by Oxford University Press. This book was released on 2017-07-25 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
Download or read book The Effects of Financial Crises on the Binding Force of Contracts Renegotiation Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Download or read book La revue du Barreau written by and published by . This book was released on 1989 with total page 976 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Administrative State written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume of The Max Planck Handbooks of European Public Law. Volume I: The Administrative State frames the administrative regimes of Europe in a comparative perspective, analysing the evolution of state and administration of major European jurisdictions, and examining issues that cut across national boundaries.
Download or read book The French Review written by James Frederick Mason and published by . This book was released on 1985-10 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La protection conventionnelle des espaces naturels written by Catherine Giraudel and published by Presses Univ. Limoges. This book was released on 2000 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Festschrift Ahmed Sadek El Kosheri written by Mohamed Abdel Raouf and published by Kluwer Law International B.V.. This book was released on 2015-06-24 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this Festschrift, the Bahrain Chamber for Dispute Resolution (BCDR-AAA) is starting a tradition of honoring Arab scholars and practitioners who promote international arbitration and international law. Over the last few decades, international arbitration institutions and international law societies have generously acknowledged the work of leading scholars and practitioners from the region. The time has come, however, for these individuals to be honored by institutions within the region. It should come as no surprise that the BCDR-AAA is dedicating this first Festschrift to Professor Dr. Ahmed El-Kosheri. His immense contributions to international commercial arbitration, international investment arbitration, and international law more broadly, as well as his significant influence on a generation of lawyers and students from the Arab region and beyond, fully justify this choice. As a testament to Dr. El-Kosheri's remarkable career, broad intellectual horizons and extensive geographical reach, the Festschrift includes contributions from forty-six authors-judges, arbitrators, practitioners and scholars-representing twenty-one nationalities from the Middle East, North and Western Africa, East Asia, Europe, and North and South America, who wrote on topics as diverse as international arbitration and ADR mechanisms, international investment law, public international law (including international administrative law), and private international law in Arabic, English, and French. One can hardly think of another Arab figure who has done more than Dr. El-Kosheri to strengthen international law while bridging legal-cultural divides between the Arab region and the rest of the world. He will undoubtedly continue to inspire many generations to come.
Download or read book Droits de l investisseur tranger et protection de l environnement written by Sabrina Robert-Cuendet and published by BRILL. This book was released on 2010-05-12 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: En droit international de l’investissement, le prisme de l’expropriation indirecte couvre une large catégorie de mesures – telles que les réglementations – qui n’impliquent pas de transfert de propriété mais aboutissent à une grave interférence avec un investissement. La définition des dépossessions indemnisables constitue une question extrêmement sensible, située à la croisée des chemins entre la protection des droits des investisseurs et la préservation des prérogatives de l’Etat. Cet ouvrage explore, à travers l’exemple de la réglementation environnementale, le droit applicable à cette notion controversée. Il montre que l’approche traditionnelle – reposant sur une dilution du concept d’expropriation – n’est nullement appropriée et il contribue à clarifier l’étendue de la protection de l’investisseur sur le fondement du droit de la responsabilité internationale de l’Etat. In international investment law, the prism of indirect expropriation includes a broad range of measures – such as regulatory measures – which do not involve a transfer of property but result in a serious interference with an investment. The definition of compensable taking is a very sensitive issue situated at the crossroads between the protection of investors' private rights and the safeguarding of the state's sovereign prerogatives. This book explores, through the example of environmental regulation, the law applicable to this controversial topic. It suggests that the traditional approach – based on an extension of the concept of expropriation – is inappropriate and it contributes to clarifying the scope of the international protection of the investor on the ground of the law of state responsibility.
