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 Transnational Law of Human Mobility written by Emília Lana de Freitas Castro and published by Springer Nature. This book was released on 2020-07-31 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs methods from comparative law to analyze voluntary migration, exploring the free movement of immigrants and their freedom of settlement under Brazilian and Mercosul law, as well as under German law and the European Union’s legal framework on migration. It discusses the level of protection granted to immigrants in terms of their right to enter and stay in Brazil and Mercosul, using German legislation and the EU’s legal framework on migration for comparison. Accordingly, the book will help migration researchers to understand not only the structure and rationale of migration law in Brazil, especially after the entry into force of its recent Migration Law in 2017, but also its relation to EU and German provisions on voluntary migration. It demonstrates how the differing natures of the migration law adopted by Brazil and Germany have led to different approaches and, consequently, different levels of protection for immigrants.

Download or read book Globalization of contractual law written by Frederico Eduardo Zenedin Glitz and published by Frederico Glitz Consultoria Jurídica. This book was released on 2014-12-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.

Download or read book Journal of World Trade Law written by and published by . This book was released on 2008-08 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Energy Transition Generational Justice and Climate Change the role of fossil fuels and low carbon economy written by Hirdan Katarina de Medeiros Costa and published by Letra Capital Editora LTDA. This book was released on 2021-10-05 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses key issues on energy transition and its consequences to humankind. The authors intend to discuss how we may tackle climate change considering the rights of current and future generations allow following an ethical scope; a creator of social, economic, and environmental justice that considers the consequences of current choices. Thus, we invite all readers to enjoy this book.

Download or read book Immigration Detention Risk and Human Rights written by Maria João Guia and published by Springer. This book was released on 2016-02-24 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.

Download or read book General Principles as a Source of International Law written by Imogen Saunders and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.

Download or read book Global Intellectual Property Protection and New Constitutionalism written by Jonathan Griffiths and published by Oxford University Press. This book was released on 2022-02-14 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.

Download or read book Abuse of Rights written by Fabio Carvalho de Alvarenga Peixoto and published by Fabio Carvalho de Alvarenga Peixoto. This book was released on 2023-11-16 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It deals with the history of the notion of abuse of rights, in its two traditions: the Franco-Belgian (abus de droit) and the German (unzulässige Rechtsausübung). It also presents the discourse of abuse of rights with a 'shortcut' function. Finally, it places the scientific formulation of groups of cases as necessary for the proper use of the abuse of rights discourse. Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner of the international prize Prémio FIBE, and of an honorable mention in the Capes (Brazilian Ministry of Education) PhD Thesis Award 2023. INTRODUCTION 1 THE BEGINNING OF THE HISTORIES OF ABUSE OF RIGHTS 2 THE GENERAL CONCEPT OF ABUSE OF RIGHTS 2.1 Literature Admission of Abuse of Rights as an Atypical Unlawfulness 2.1.1 Unconscious Phase 2.1.2 Constructive Phase of Incipient Dogmatization 2.1.3 Constructive Phase of Peripheral Systematization 2.2 Delimitation of Abuse of Rights in the Face of Abuse (Misuse) of Power 2.3 Presuppositions of the Notion of Abuse of Rights 2.3.1 Permission Granted by ‘Abstract’ Interpretation of a Normative Text 2.3.2 Prohibition ‘Discovered’ by Judge, Outside the Limits of ‘Abstract’ Interpretation of Normative Text 3 THE FUNCTION OF THE NOTION OF ABUSE OF RIGHTS 3.1 Abuse of Rights as a “Gathering Concept” 3.2 Practical Indispensability of the Dogmatic Formulation of (Open) Groups of Cases for the Rational Application of the Prohibition of Abuse of Rights 3.3 Abuse of Rights as a “Shortcut” (which “can Slow You Down”) 4 THE TWO TRADITIONS OF PRIVATE LAW DOCTRINES OF ABUSE OF RIGHTS 4.1 The French-Belgian Tradition of Abus de Droit 4.1.1 Harmful Intent Approach 4.1.1.1 The Beginnings of the Abus de Droit Tradition 4.1.1.2 Unnecessary Dammage Approach 4.1.2 Deviation from the Economic and Social Purposes of Rights Approach 4.1.2.1 Louis Josserand’s Original Approach 4.1.2.2 Violation of Dominant Morality Approach 4.1.2.3 Reception in Germany by Wolfgang Siebert of the Deviation of Purpose Approach (Rechtsmißbrauch) and its Evolution into the Doctrine of Institutional Abuse (Institutioneller Rechtsmißbrauch) 4.1.2.4 Denial of the Axiological Fundament (‘Formal Axiologism’) Approach: Non-Replacing Overcoming 4.1.3 Disproportion between Advantages and Losses Approach 4.2 The German Tradition of Unzulässige Rechtsausübung 4.2.1 Prohibition of Chicanery Approach 4.2.2 Violation of Objective Good Faith Approach 4.2.3 Violation of Good Customs Approach 4.3 Excerpt: Germanophile Definitory Approach of Abuse of Rights as Violation of Principle 5 THE METHODICAL ISSUES NOT RESOLVED BY DOCTRINES OF ABUSE OF RIGHTS 5.1 The Importance of the Recognition of the Meta-Individual Function of Rights 5.2 Meta-Individual Function and Individual Function: Methodical Requirement of Sizing Criteria for Each Right 5.3 Limited Scope of the Objective Good Faith Approach 6 THE NEED FOR RATIONAL JUSTIFICATION OF THE IDENTIFICATION OF ABUSE OF RIGHT AS A MECHANISM FOR CONTROLLING JUDICIAL DISCRETION 6.1 Insufficiency of the Standard Theories of Legal Argumentation for Rational Justification of the Evaluation of Abuse of Rights 6.2 The Use of Dogmatically Formulated Groups of Cases for the Rational Justification of the evaluation of Abuse of Rights CONCLUSION REFERENCES

Download or read book International Law Public Law and Jurisprudence written by James Brown Scott and published by . This book was released on 1917 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Proceedings of the Second Pan American Scientific Congress section VI International law public law and jurisprudence J B Scott chairman written by and published by . This book was released on 1917 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book National Union Catalog written by and published by . This book was released on 1973 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.

Download or read book The National Union Catalogs 1963 written by and published by . This book was released on 1964 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book CyberBRICS written by Luca Belli and published by Springer Nature. This book was released on 2021-01-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book stems from the CyberBRICS project, which is the first major attempt to produce a comparative analysis of Internet regulations in the BRICS countries – namely, Brazil, Russia, India, China, and South Africa. The project has three main objectives: 1) to map existing regulations; 2) to identify best practices; and 3) to develop policy recommendations in the various areas that compose cybersecurity governance, with a particular focus on the strategies adopted by the BRICS countries to date. Each study covers five essential dimensions of cybersecurity: data protection, consumer protection, cybercrime, the preservation of public order, and cyberdefense. The BRICS countries were selected not only for their size and growing economic and geopolitical relevance but also because, over the next decade, projected Internet growth is expected to occur predominantly in these countries. Consequently, the technology, policy and governance arrangements defined by the BRICS countries are likely to impact not only the 3.2 billion people living in them, but also the individuals and businesses that choose to utilize increasingly popular applications and services developed in BRICS countries according to BRICS standards. Researchers, regulators, start-up innovators and other Internet stakeholders will find this book a valuable guide to the inner workings of key cyber policies in this rapidly growing region.

Download or read book Religion and Law in Brazil written by Thiago Magalhães Pires and published by Kluwer Law International B.V.. This book was released on 2023-09-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Brazil deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Brazil. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Download or read book Secularization in the UN Reform written by Jahyr Jesus Brito and published by Angela Ramon Mercado MEI. This book was released on 2017-10-02 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interdependence in the contemporary world is an undeniable fact, and globalization is but one side of this multifaceted and extremely complex process. The outset of the integration of individuals dates back to the origin of human existence on Earth, as human beings and civilizations have always sought expansion for a number of reasons. Specifically, after World War II, there was a considerable change in several societies across the planet. Technological development caused changes that had never been experienced before.

Download or read book Genre in a Changing World written by Charles Bazerman and published by Parlor Press LLC. This book was released on 2009-09-16 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Genre studies and genre approaches to literacy instruction continue to develop in many regions and from a widening variety of approaches. Genre has provided a key to understanding the varying literacy cultures of regions, disciplines, professions, and educational settings. GENRE IN A CHANGING WORLD provides a wide-ranging sampler of the remarkable variety of current work. The twenty-four chapters in this volume, reflecting the work of scholars in Europe, Australasia, and North and South America, were selected from the over 400 presentations at SIGET IV (the Fourth International Symposium on Genre Studies) held on the campus of UNISUL in Tubarão, Santa Catarina, Brazil in August 2007—the largest gathering on genre to that date. The chapters also represent a wide variety of approaches, including rhetoric, Systemic Functional Linguistics, media and critical cultural studies, sociology, phenomenology, enunciation theory, the Geneva school of educational sequences, cognitive psychology, relevance theory, sociocultural psychology, activity theory, Gestalt psychology, and schema theory. Sections are devoted to theoretical issues, studies of genres in the professions, studies of genre and media, teaching and learning genre, and writing across the curriculum. The broad selection of material in this volume displays the full range of contemporary genre studies and sets the ground for a next generation of work.