Download or read book The Evolutionary Interpretation of Treaties written by Eirik Bjorge and published by OUP Oxford. This book was released on 2014-07-17 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

Download or read book Handbook of Research on Applying Emerging Technologies Across Multiple Disciplines written by Marchisio, Emiliano and published by IGI Global. This book was released on 2022-04-08 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, there has been a groundbreaking evolution in technology. Every year, technology not only advances, but it also spreads throughout industries. Many fields such as law, education, business, engineering, and more have adopted these advanced technologies into their toolset. These technologies have a vastly different effect ranging from these different industries. The Handbook of Research on Applying Emerging Technologies Across Multiple Disciplines examines how technologies impact many different areas of knowledge. This book combines a solid theoretical approach with many practical applications of new technologies within many disciplines. Covering topics such as computer-supported collaborative learning, machine learning algorithms, and blockchain, this text is essential for technologists, IT specialists, programmers, computer scientists, engineers, managers, administrators, academicians, students, policymakers, and researchers.

Download or read book New Challenges to Constitutional Adjudication in Europe written by Zoltán Szente and published by Routledge. This book was released on 2018-03-09 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.

Download or read book The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain written by Alberto López - Basaguren and published by Springer Science & Business Media. This book was released on 2013-05-09 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This first volume analyses the challenges facing federal systems in the age of globalisation from a global perspective. It also addresses current questions and the challenges faced today by, in the sphere of the internal division of powers, the most significant ‘western’ federal systems, on the one hand, and the Spanish system of territorial autonomy, on the other.

Download or read book Improving working conditions in platform work in the light of the recent proposal for a directive written by Stefano Bellomo and published by Sapienza Università Editrice. This book was released on 2023-10-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collective work has the aim to bring together several contributions by scholars from different Countries through the leitmotif of the analysis of work through digital platforms, also in the light of the latest proposal for a European Union directive. The first section focuses on the analysis of digital platform work, in various aspects, including issues concerning the use of artificial intelligence. The second section analyses issues related to the development of workers’ rights through digital platforms. In the third section, the authors made considerations on the intervention of the draft directive on qualification.

Download or read book Handbook of Communication in the Legal Sphere written by Jacqueline Visconti and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-09-24 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores communication and its implications on interpretation, vagueness, multilingualism, and multiculturalism. It investigates cross-cultural perspectives with original methods, models, and arguments emphasizing national, EU, and international perspectives. Both traditional fields of investigations along with an emerging new field (Legal Visual Studies) are discussed. Communication addresses the necessity of an ongoing interaction between jurilinguists and legal professionals. This interaction requires persuasive, convincing, and acceptable reasons in justifying transparency, visual analyses, and dialogue with the relevant audience. The book is divided into five complementary sections: Professional Legal Communication; Legal Language in a Multilingual and Multicultural Context; Legal Communication in the Courtroom; Laws on Language and Language Rights; and Visualizing Legal Communication. The book shows the diversity in the understanding and practicing of legal communication and paves the way to an interdisciplinary and cross-cultural operation in our common understanding of legal communication. This book is suitable for advanced students in Linguistics and Law, and for academics and researchers working in the field of Language and Law and jurilinguists.

Download or read book When the Crisis Becomes an Opportunity written by Paola Paoloni and published by Springer Nature. This book was released on 2023-03-16 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume analyzes how the COVID-19 crisis could be transformed into opportunities for those organizations that correctly interpret the change, adapt their strategies accordingly, and increase their chances of success in a post-pandemic scenario. Through this lens, the female role and contribution to recovery are analyzed and discussed in the economic, financial and social context. Even if many aspects set the COVID-19 crisis apart from the latest global financial crises – such as the unusual shutdown of businesses in specific sectors, social distancing regulations, and general uncertainty sparked by the pandemic – the challenges facing all organizations in the current recovery phase can present an opportunity for extraordinary growth and development in Europe. The focus of the contributions gathered here is not on “counting” the damages and losses but rather on monitoring the recovery and on emerging instruments to support national and global economic recovery, while paying special attention to women’s role in it.

Download or read book Monographic Series written by Library of Congress and published by . This book was released on 1980 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Le Nuove Frontiere Del Diritto E Il Problema Dell unificazione written by and published by . This book was released on 1979 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book GOVERNANCE OF THROUGH BIG DATA Volume I written by Giorgio Resta and published by Roma TrE-Press. This book was released on 2023-05-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: These two volumes collect twenty five articles and papers published within the “Governance of/through Data” research project financed by the Italian Ministry of Universities. The research project, which was promoted by Roma Tre University, as project lead, and saw the participation of professors and reseachers from Bocconi University in Milan; LUMSA University in Rome; Salento University in Lecce and Turin Polytechnic, cover multiple issues which are here presented in five sections: Algorithms and artificial intelligence; Antitrust, artificial intelligence and data; Big Data; Data governance; Data protection and privacy. DOI: 10.13134/979-12-5977-173-5

Download or read book Justifying Strict Liability written by Marco Cappelletti and published by Oxford University Press. This book was released on 2022-06-23 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.

Download or read book Antitrust between EU Law and national law Antitrust fra diritto nazionalee diritto dell unione europea written by Enrico Adriano Raffaelli and published by Bruylant. This book was released on 2019-09-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the papers of the thirteenth Conference on “Antitrust between EU Law and national law”, held in Treviso on May 24 and 25, 2018 under the patronage of the European Lawyers Union – Union des Avocats Européens (UAE), the Associazione Italiana per la Tutela della Concorrenza - the Italian section of the Ligue Internationale du Droit de la Concurrence (LIDC)-, the Associazione Italiana Giuristi di Impresa (AIGI), the European Company Lawyers Association (ECLA), and the Associazione Antitrust Italiana (AAI). Some of the papers have been extensively reviewed and updated by the authors prior to publication. The contributions contained in this volume are the result of an in-depth analysis and study of the most salient issues arising from the application of antitrust rules, carried out by experienced and high-ranking professionals, in-house lawyers, academics and EU/national and international institutional representatives who attended the Conference. They deal with extremely topical issues, lying at the heart of current antitrust debate. Some of the most contemporary topics include those related to private antitrust enforcement after the implementation of Directive 2014/104/EU, and to the interplay between antitrust and intellectual property rights. Ample consideration is also given to recent developments in the field of new technologies and the related antitrust issues, as well as to the relations between consumer protection and antitrust. * * * Questo volume contiene gli atti del XIII Convegno sul tema “Antitrust fra Diritto Nazionale e Diritto dell’Unione Europea”, tenutosi a Treviso il 24 e 25 maggio 2018 con il patrocinio dell’Unione degli Avvocati Europei (UAE), dell’Associazione Italiana per la Tutela della Concorrenza - sezione italiana della Ligue Internationale du Droit de la Concurrence (LIDC) -, dell’Associazione Italiana dei Giuristi di Impresa (AIGI), della European Company Lawyers Association (AEJE-ECLA) e dell’Associazione Antitrust Italiana (AAI). Alcuni contributi sono stati sostanzialmente rivisti ed aggiornati dagli autori prima della pubblicazione. Gli articoli contenuti nel presente volume sono il frutto del prezioso lavoro di studio e approfondimento delle più interessanti tematiche correlate all’applicazione del diritto antitrust, svolto da qualificati esponenti del mondo professionale, imprenditoriale, accademico ed istituzionale, intervenuti al Convegno. I contributi pubblicati affrontano temi di estrema rilevanza, che rappr sentano il cuore delle problematiche antitrust oggi maggiormente dibattute, tra le quali spiccano, per attualità, quelle connesse al private enforcement ed al risarcimento dei danni in seguito dell’attuazione della Direttiva 2014/104/UE, nonché alle interazioni tra diritto antitrust e diritti di proprietà intellettuale. Ampio spazio è inoltre dedicato alle tematiche concernenti le nuove tecnologie e la loro rilevanza dal punto di vista antitrust, nonché ai rapporti tra tutela del consumatore e diritto antitrust.

Download or read book Studi per Giovanni Nicosia written by and published by Giuffrè Editore. This book was released on 2007 with total page 4371 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Contract Law in Italy written by Pier Giuseppe Monateri and published by Kluwer Law International B.V.. This book was released on 2021-01-22 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Italy covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Download or read book Principles of European Contract Law and Italian Law written by Luisa Antoniolli and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: To provide valuable legal service to persons in today's Europe, practitioners must be conversant in both national and transnational law. At the European level, the Principles of European Contract Law (PECL) are an increasingly important element of contract law, together with national contract law, as contained in Civil Codes and various national statute. Accordingly, Kluwer Law International has initiated a series of volumes, under the direction of prof. Hondius of the University of Utrecht, comparing PECL with the most important European legal systems. This volume on Italian law is the second in the series. Using a straightforward comparative method, the editors¿ analysis not only reveals a significant area of convergence between the PECL and Italian contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (such as historical, social, economic), are clearly set forth. The book provides complete texts, with annotations, of the PECL and the corresponding Italian rules. The presentation proceeds as follows: general provisions (scope of application, general duties, terminology)formation of contracts (general provisions, offer and acceptance, liability for negotiations)authority of agents (general provisions, direct and indirect representation)validityinterpretationcontents and effectsperformancenon-performance and remedies in generalparticular remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest) The editors commentary includes extensive reference to case law and legal doctrine at all essential points. In this way they provide a comprehensive description of the law in action as well as its evolving trends. In addition, incisive essays by two leading experts in the field of comparative law, prof. Rodolfo Sacco and prof. Michael Joachim Bonell, analyse the relationship of the PECL and Italian law and its wider framework in the harmonisation of private law at the European and international levels. The book is a valuable handbook and guide for both foreign and Italian lawyers. For non-Italian lawyers, be they practitioners or academics, it provides a concise but complete and up-to-date outline of current Italian contract law, organized on the basis of a system (PECL) with which many European lawyers are familiar. For Italian lawyers, it offers a clearer insight into a wider European legal contract system whose importance in the evolution of a common European private law is growing rapidly. Principles of European Contract Law Series 2

Download or read book Informatica e diritto written by and published by . This book was released on 1985 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Uncertain Causation in Tort Law written by Miquel Martín-Casals and published by Cambridge University Press. This book was released on 2015-11-19 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.