Download or read book Les bases thiques pour le droit et la soci t written by and published by Martinus Nijhoff Publishers. This book was released on 1986-10-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problèmes de Conflits de Lois en Matière de Filiation, Jacques Foyer Jacques Foyer, Professor at the University of Paris II, notes in introduction of his course that it can be enlightening to compare the different modern methods of solution of the conflict of laws regarding filiation. The study of the different systems shows that there exist at least three methods to contradict the classic choice-of-law rule. The course is structured around the analysis of these three methods. Firstly, it is the criticism of the rigid character and the unpredictability of the traditional rule that triggers the temptation of a manipulation of the choice of law rule. The author then points out that one could question its abstract and arbitrary character, which leads on the one hand to an attempt to hierarchization, and on the other hand, to a diversification of the choice-of-law rules. Lastly, it is the principle of the foreign law's purpose to govern legal relationships in the same way as the lex fori that is questioned, which leads to its partial elimination to the profit of a more or less systematic application of the territorial law or of the one of the court hearing the action. General Course on Private International Law, Friedrich K. Juenger According to Friedrich Juenger, Professor at the University of California in Davis, the outstanding characteristic of the conflict of laws is the lack of consensus on the discipline's goals and methods. He proposes to put the accent in his course on the events for which public international law must find a solution in order to avoid the constant danger that threatens the discipline: that is, to become a simple academic game. Three examples of reported cases and the kinds of issues they raise are given in the Introduction. Professor Juenger next gives a detailed historical overview of the conflict of laws, from Antiquity to Mancini. In addition, the author presents the emergence of new orthodoxies, or rather proposes to re-examine the traditional doctrines, and points out the advantages of a teleological approach. That allows him to revisit the three cases mentioned in the Introduction. Les Bases éthiques pour le Droit et la Société Perspectives de la Commission indépendante sur les questions humanitaires internationales, Sadruddin Aga Khan Conference of July 30, 1985 Sadruddin Aga Khan, President of the Independent Commission on International Humanitarian Issues, recalls in his course on the ethical bases of law and society that the role of the commission he presides is to remind us of the basic elements of a code of ethics which has the same spiritual significance as that found in all major religions. Lawyers as well as scientists, adds the author, must mobilize their immense resources, bearing in mind that the rule of law should never disregard moral appreciation.
Download or read book Enterprise and Social Rights written by Adalberto Perulli and published by Kluwer Law International B.V.. This book was released on 2017-06-15 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization has led to growing labour fragmentation and widening of gaps in social protection. Although the enterprise is increasingly expected to be socially responsible, in actuality extreme worker inequalities and social dumping have become ubiquitous worldwide. This volume – the first to focus attention on the ‘theory of the firm’ as it reveals itself in today’s world from a multidisciplinary perspective – underscores the necessity to rebuild a new scientifically controlled paradigm that acknowledges and regulates the dimension of power in the functioning of the organization. In their contributed essays, nineteen renowned scholars in labour law and industrial relations rethink the firm, its conception, its value, and its regulation, analysing such aspects as the following: – labour-management relations issues that arise when companies go global but workers remain local; – the firm as a social construction; – the continuing necessity for collective bargaining; – concealment of the employment relationship under the guise of self-employment; – concealment of the real employer behind figureheads and shell companies; – social welfare effects of outsourcing; – the company’s interaction with the network of suppliers and with local education processes; – determining who actually carries responsibility towards workers; – overcoming companies’ drive to enter the global market in response to national regulation; – realizing the notion of ‘duty of care’; – mechanisms of participation of workers in the management of the enterprise; and – the persistent limitations that women face in the workplace, even when worker participation is advocated. With attention to innovative developments in Germany, Italy, Japan, and other countries, analyses include case studies of specific companies as well as case law, in particular the European Court of Justice’s jurisprudence in matters of collective dismissals, seconded workers, and public contracts. In their head-on tackling of the fragmentation and blurring of social responsibility in enterprise organization, these important essays propose a view of the enterprise as a factor in a new ‘constitutionalisation’ of labour that shifts employment protection from single legal entities to the network’s economic activity, thus realigning the legal boundaries of the enterprise with its economic reality. As a compelling investigation of how a satisfactory implementation of labour standards in the fragmented enterprise can be guaranteed, this book will be studied by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists, and will be welcomed by academics and researchers in industrial relations and labour law.
Download or read book Publications written by and published by . This book was released on 1904 with total page 1156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes documents, translations, proceedings, reports, papers.
Download or read book Company Law and the Law of Succession written by Susanne Kalss and published by Springer. This book was released on 2015-10-21 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is one of the first to link company law to the law of succession by concentrating on family businesses. It shows that, to understand the legal framework underlying the daily operations of family businesses, one needs legal analysis, empirical data, psychological and sociological knowledge. The book works on the premise that, since many businesses have been founded by families, practitioners need to develop an understanding of the legal background of such businesses and build up experience to be able to create contracts, trusts, foundations and other legal mechanisms to give shape to systems and procedures for the transfer of shares and control within the family. Comparing the national legal order, techniques, and mechanisms in a range of countries, the book examines parallel developments in these fields of law across the world. Finally, it demonstrates the room for companies, shareholders and the members of a family to develop individual solutions within the legal framework for transferring businesses and shares to the next generation.
Download or read book Droits Judiciaires en Europe written by Marcel Storme and published by Maklu. This book was released on 2003 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Procedural law is of vital importance in Europe. Nowadays, people and companies that intend to settle in Europe still are being confronted with a huge amount of diffenrent national procedures and a hallucinating number of regulations in the procedural field. Just consider the different procedural costs, strict time limits, prescription periods, notices of appeal, . Unlike other branches of law, historical or cultural impediments to the harmonisation of European procedural laws play a far more inferior role than technical aspects, Eventually, all comes down to the question: How can one lead a case to a result on a fast way and without high costs? In this publication, Europe's leading proceduralists share there views on the approximation of procedural laws. A specific in-depth analysis is made concerning enforcement, summary proceedings, fast-track proceedings and complex litigation. In 4 languages: English, Dutch, French and German.
Download or read book Case law of the International Court written by Corte Internacional de Justicia and published by Brill Archive. This book was released on 1972-12-31 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Corporate Law Volume 2 2002 written by Fiona Macmillan and published by Bloomsbury Publishing. This book was released on 2003-05-12 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Corporate Law Series is dedicated to the publication of scholarly writing on issues in the area of international and comparative corporate law. This volume includes contributions from the following: Dr Adedeji Adekunle of the University of Lagos writing on Nigerian corporate regulation; Professor Stephen Bottomley of the Australian National University writing on corporate governance; Professor John Braithwaite of the Australian National University and Dr Peter Drahos of the Queen Mary Intellectual Property Research Institute writing on the globalisation of corporate regulation; Professor Yves Chaput of the Université de Paris I writing on developments in French corporate law; Rasiah Gengatharen of the University of Western Australia writing on corporate law reform and futures regulation in Australia; Dr John Gillespie of Deakin University writing on the transplantation of company law in Vietnam; Desmond Guobadia writing on developments in Nigerian corporate law; Jean-Phillipe Robe writing on the globalised enterprise within the world economy; Richard Tudway writing on the juridical nature of the corporation; and Professor Junko Ueda writing on recent developments in Japanese corporate law.
Download or read book Contract and Organisation written by Terence Daintith and published by Walter de Gruyter. This book was released on 1986 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Contract and Organisation".
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 Le r seau social d entreprise written by Garnier Alain and published by Lavoisier. This book was released on 2011-05-24 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Après avoir envahi le web, les réseaux sociaux partent désormais à la conquête de l'entreprise. Ces nouveaux outils se révèlent être de véritables leviers stratégiques au service des organisations. Cet ouvrage analyse les enjeux de cette nouvelle mutation pour les entreprises. Il pose les questions-clés avant d'envisager un projet de réseau social d'entreprise (RSE) et la méthodologie de mise en place qui l'accompagne. Les changements imposés par son implémentation sont étudiés dans leur dimension technique (système d'information) et dans leur dimension humaine (accompagnement, conduite du changement auprès des utilisateurs et questions juridiques). Le réseau social d'entreprise présente également différents retours d'expérience et dresse un panorama des principaux éditeurs et de leur solution, apportant ainsi des exemples concrets et des pistes de réflexion nécessaires à l'appréhension de ces nouveaux usages d'entreprise.
Download or read book Corporate Criminal Liability written by Mark Pieth and published by Springer Science & Business Media. This book was released on 2011-04-20 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Download or read book Cours g n ral de droit international public written by and published by Martinus Nijhoff Publishers. This book was released on 1973-09-19 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Download or read book The Right to Organise and to Bargain Collectively written by Council of Europe and published by Council of Europe. This book was released on 2001-01-01 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication presents an overview of the rights guaranteed by the European Social Charter in the field of industrial relations, as well as the case law built up by the European Committee of Social Rights. Articles 5 and 6 of the Charter cover the right of workers and employers to form organisations for the protection of their economic and social interests; the right to join or not to join these organisations; the right to engage in consultation and collective bargaining; and the right to strike. This edition also includes the most recent assessment by the European Committee of Social Rights in April 2000 of the compliance of member states with these provisions.
Download or read book The Foundations of Worldwide Economic Integration written by Christof Dejung and published by Cambridge University Press. This book was released on 2013-01-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses worldwide economic integration between 1850 and 1930, challenging the popular description of the period after 1918 as one of deglobalisation.
Download or read book Private International Law Aspects of Corporate Social Responsibility written by Catherine Kessedjian and published by Springer Nature. This book was released on 2020-03-06 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.
Download or read book Actes Du Sixi me Colloque International Sur la Convention Europ enne Des Droits de L Homme written by Council of Europe General Secretariat and published by Martinus Nijhoff Publishers. This book was released on 1988 with total page 1170 pages. Available in PDF, EPUB and Kindle. Book excerpt: 0.2. Address by Mr M. Oreja.
