Download or read book Nuevas aportaciones sobre Derecho de marcas y Derecho concursal written by Ortuño Baeza, Mª Teresa and published by Marcial Pons. This book was released on 2010-01-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Varias han sido las modificaciones que en los últimos años han afectado al régimen jurídico del contrato de licencia de marca. El punto de partida de las mismas viene dado por la aprobación de la Ley 17/2001, de 7 de diciembre, de marcas. Ésta no se ha limitado a corregir las discrepancias con la primera Directiva de Marcas, sino que recoge además una regulación más completa de esta figura, si bien no por ello exenta de problemática. También se abordan en este trabajo otras modificaciones introducidas por esta LM, tales como la ampliación del ius prohibendi o la regulación de las marcas renombradas, que tienen una incidencia directa en la determinación del ámbito de protección de la marca y, por ende, en la delimitación de este contrato frente a otras figuras. Es precisamente en este aspecto donde cobra relevancia la reciente doctrina del TJCE en temas como la licitud de la utilización de la marca ajena en publicidad comparativa o las limitaciones al derecho de marca. Especial importancia reviste, por otra parte, la incidencia que sobre el régimen de la extinción del contrato ha tenido la aprobación de la Ley Concursal. La existencia de un nuevo tratamiento de la insolvencia modifica sustancialmente los planteamientos tenidos en cuenta hasta ese momento para la consideración de estas situaciones como posible causa de extinción del contrato. De ahí que, bajo el complejo prisma de las especiales características de este contrato, se preste una atención específica al análisis de las consecuencias de la declaración de concurso de alguna de las partes y, en particular, a la regla general prevista en la LC respecto de la continuidad de los contratos; al tratamiento del incumplimiento contractual en situaciones de concurso, así como al cambio introducido respecto de las cláusulas resolutorias vinculadas al concurso.
Download or read book Climate Change Policy written by Michael Bothe and published by Eleven International Publishing. This book was released on 2005 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the research results of an interdisciplinary study on climate change policies by the Enforcing Environmental Policy (EEP) Network, a project supported by the Human Dimension Potential Programme. Contributions are from highly qualified economic and legal specialists based at research institutes across Europe. The book gives answers to several questions related to the implementation of the international rules on climate change, most notably the Kyoto Protocol. It analyses ways and means to facilitate and encourage compliance with the objectives of the Kyoto Protocol. It is addressed to policy-makers, academics, business-sector and stakeholders throughout and outside Europe. Due to its interdisciplinary approach, this work is a distinctive and unique product compared to the existing literature on the subject. The effective implementation of climate protection and clean air policy requires an understanding of the political, legal and economic structures and constraints facing policy makers - and this is exactly what this book offers.
Download or read book Recognition of Foreign Administrative Acts written by Jaime Rodríguez-Arana Muñoz and published by Springer. This book was released on 2015-12-11 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an analysis of the concept of the administrative act and its classification as ‘foreign’, and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.
Download or read book Conflict of Laws in the People s Republic of China written by Zheng Sophia Tang and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.
Download or read book ICC Arbitration in Practice written by Herman Verbist and published by Kluwer Law International B.V.. This book was released on 2015-12-19 with total page 1085 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rules of Arbitration of the International Chamber of Commerce - commonly referred to as the ICC Rules — are the rules most frequently used in commercial disputes between business partners from different countries. Since they were first launched in 1922, these Rules have been applied in over 21,000 cases. The second revised edition of this eminently practical volume provides an article-by-article commentary of the current version of the ICC Rules of Arbitration in force as from 1 January 2012. Using clear and concise language, unencumbered by footnotes and illustrated by flow diagrams, the authors guide the reader through the various stages of ICC arbitration proceedings, from initiation to the final award. This thorough analysis is enhanced with other invaluable material, including: • a digest of statistics relating to ICC arbitration for the years 2009 to 2013; • references to selected national arbitration laws and to the UNCITRAL Model Law on International Commercial Arbitration; • a bibliography, including useful web sites; and • a separate chapter on ICC’s other dispute resolution services, such as mediation, expert proceedings, dispute boards, DOCDEX and the pre-arbitral referee procedure. Appendices provide the reader with the texts of ICC’s various dispute resolution rules and other relevant documents. The authors, all practicing lawyers, have all worked as counsel at the Secretariat of the ICC International Court of Arbitration. They have gone on to represent parties and act as arbitrators in many international proceedings. They also serve as mediators and party representatives in international mediations. They are also members of the ICC Commission on Arbitration and ADR and participated in the discussions leading to the 2012 ICC Rules of Arbitration. Written from a practical perspective, this book remains an essential resource for company lawyers who wish to familiarize themselves with ICC arbitration, assess the pros and cons of entering into an arbitration clause referring to the ICC Rules, or obtain information and guidance on how to proceed in a given situation. Arbitration practitioners will find useful information on the practice of ICC arbitration, including various notes of the ICC Court Secretariat and reports of the ICC Commission on Arbitration and ADR.
Download or read book Clarkson Hill s Conflict of Laws written by Jonathan Hill and published by Oxford University Press. This book was released on 2016 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clarkson & Hill's Conflict of Laws provides a detailed account of the topics taught on private international law courses, reflecting the profound changes that the subject has undergone in recent years. Focusing on key principles in an engaging and approachable style, this text is key reading for private international law students.
Download or read book Arbitration and International Trade in the Arab Countries written by Nathalie Najjar and published by BRILL. This book was released on 2017-10-23 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
Download or read book Universal Civil Jurisdiction written by Serena Forlati and published by BRILL. This book was released on 2020-10-12 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
Download or read book Insurance Regulation in North America written by Bradly J. Condon and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intersection of insurance regulation and trade agreements is of obvious significance to international competitiveness and, thereby, to national welfare. Yet until this masterful study the subject has remained virtually unexplored. Insurance Regulation in North America, far from merely addressing this important area of theory and practice, superbly balances a world of detailed analysis and commentary with deeply insightful interpretation and debate. The book's focus on insurance regulation in three countries allows the authors to approach the subject in an extraordinary depth that could not be achieved in a more global account. In the course of their treatment the authors offer the reader the following invaluable insights, among many others:analysis of the political dimension of reaching agreements and of implementing them;comparison of the three major trade agreements that apply in the North American insurance market'NAFTA, WTO agreements on financial services, and MEUFTA (the Mexico-European Union Free Trade Agreement)'with emphasis on the relationship between GATS and NAFTA principles;investigation of the clear convergence of regulatory schemes and the probable limits to harmonization;discussion of the arbitrage by which companies get around regulatory restrictions and exploit opportunities created by loopholes;clarification of the crucial issues surrounding the role of customary international law principles in investor protection obligations;discussion of the level of government and which government agencies a company must turn to in order to satisfy legal requirements;analysis of the jurisprudence of the Supreme Court of Mexico regarding legal effects of treaties on domestic law;commentary on the effects of demutualization and of mergers and acquisitions;discussion of the effect of the entrenchment of U.S. State regulations and the federal government's lack of clear power to force State compliance; anddescription of dispute settlement procedures between governments. Although important issues arising in each of the three countries are all covered, there is an emphasis on the Mexican market in recognition of Mexico's greater future growth potential and of the relative paucity of relevant literature in English. Major case studies that reveal processes of compliance or conflict are analyzed in detail. For insurance professionals'lawyers, business executives, and policymakers'who want to understand what international trade agreements contain, how they work, and how they affect domestic insurance regulation and business strategy in what is rapidly becoming a global market for insurance and other financial services, this book is a gold mine. Scholars and academics in insurance law and international economic law will also find here a fresh new treatise of great significance.
Download or read book An Introduction to International Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2015-08-10 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.
Download or read book Credit Nation written by Claire Priest and published by Princeton University Press. This book was released on 2022-12-20 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: How American colonists laid the foundations of American capitalism with an economy built on credit Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic. In this major new history of early America, Claire Priest describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that privileged creditors by defining land and slaves as commodities available to satisfy debts. Colonial governments, in turn, created local legal institutions that enabled people to further leverage their assets to obtain credit. Priest shows how loans backed with slaves as property fueled slavery from the colonial era through the Civil War, and that increased access to credit was key to the explosive growth of capitalism in nineteenth-century America. Credit Nation presents a new vision of American economic history, one where credit markets and liquidity were prioritized from the outset, where property rights and slaves became commodities for creditors' claims, and where legal institutions played a critical role in the Stamp Act crisis and other political episodes of the founding period.
Download or read book The Recovery of Maintenance in the EU and Worldwide written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international, looking at national and non-European regional practice and how the Hague Convention could change things; (iii) international and the EU, looking at issues covered by both the Hague Convention and the EU Regulation; and (iv) the EU - looking at the Maintenance Regulation. This is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe and to begin the examination of the practical operation of the latter regime. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.
Download or read book EU Law After the Financial Crisis written by Jessica Schmidt and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the consequences of the financial crisis for EU law - not only with respect to various specific areas of the law, but also with respect to very fundamental issues regarding the role and function of the European Union and European law. Subject: Finance Law]
Download or read book Black Sky Black Sea written by Izzet Celasin and published by MacLehose Press. This book was released on 2014-11-04 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poised between the secular values of socialism and the conservatism of a tenuously balanced government, Istanbul of 1977 was a fractured city haunted by demons of its own making. Along with thousands of other left-wing activists, Oak's interest in politics leads him to join the annual May Day rallies. There he encounters Zuhal, a fearless girl with a gun. As battles rage between nationalists and socialists, Oak witnesses the violent suppression of dissident minorities by his fellow citizens. The bewitching Zuhal begins to shape his ideals, bringing him face to face with disillusionment, and death.
Download or read book Journal of the Society of Comparative Legislation written by Society of Comparative Legislation and published by . This book was released on 1908 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes an annual "Review of legislation".
Download or read book The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals written by Silja Schaffstein and published by Oxford International Arbitrati. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, international commercial disputes regularly involve multiple parties, contracts, and issues. As a result, the number of disputes that are tried in two or more different forums has increased, giving rise to difficult issues regarding the conclusive and preclusive effects of prior judgments or awards. As a result, the doctrine of res judicata , which requires that a final decision by a court or arbitral tribunal is conclusive and should not be re-litigated, is of increasing significance. Dr Silja Schaffstein provides the first practical and comprehensive guidelines for matters of res judicata for international commercial arbitration practitioners. Structured in two parts, part one examines the doctrine of res judicata in domestic and international litigation whilst part two determines whether and how the res judicata doctrine may be applied by international commercial arbitral tribunals. Dr Schaffstein identifies situations in which res judicata issues are likely to arise before international commercial arbitral tribunals and provides actionable solutions. The book determines the key features of the doctrine of res judicata in the laws of England, the United States, France and Switzerland, as representative of the common law system on the one hand and the civil law system on the other hand. The book also presents the doctrine of res judicata in the context of private international law, alongside its crucial aspects and application in public international law by international courts and tribunals. The aim of the work is to demonstrate how transnational principles of res judicata should be elaborated for international commercial arbitral tribunals. The analysis looks at how the doctrine should be applied by international commercial arbitral tribunals in their relations with other arbitral tribunals or state courts, and within the arbitral proceedings pending before them. The work sets out the transnational principles in the form of guidelines for international arbitrators.
Download or read book International Commercial Arbitration written by Stephan Balthasar and published by . This book was released on 2021 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt:
