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 The International Legal System in Quest of Equity and Universality written by Laurence Boisson de Chazournes and published by BRILL. This book was released on 2021-10-18 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt: Georges Abi-Saab began his writing and teaching at a time when the process of decolonization, and thereafter the quest for emancipation, began to make its far-reaching impact on the international scene, producing significant changes in the international environment, both quantitatively in increasing the number of nation-States and qualitatively in changing patterns of interests and claims. This was bound to result in new pressures on the international legal system itself and in a questioning of the traditional Eurocentric content of international law. In his work and teaching Professor Abi-Saab viewed the dynamics of international law as a function of two driving forces: the emergence of the third world and the sense of injustice. In his view, the first driving force - the emergence of the third world - raised the problem of exclusion: exclusion from participation in the elaboration of international law and the decision-making process, and exclusion as beneficiaries of the resulting rules of international law. At the same time, this new force introduced diversity into the international scene, reflecting the richness of the international community in its different facets. This process remains relevant today, reflecting the contemporary problem of exclusion of new actors as well as their quest for participation. The second driving force - the sense of injustice - posed a teleological problem for him, that of defining community values in order that they capture the different facets of justice, whether formal or distributive. So long as there is no effective organic structure, international law in his view will continue to remain effectiveness-oriented, reflecting rather than impacting on the structures of power. Nevertheless, it is undeniable that there is an on-going process of development of community values and interests; as Georges Abi-Saab wrote with reference to international crimes: `law, like all social phenomena, is a continuous unfolding, a continuous process of elaboration'. He has also considered that the dynamics of the international legal process itself can be captured from the perspective of international organizations as vehicles for change in the international system. From his early writings, Georges Abi-Saab approached the United Nations Charter as a blueprint - both normative and institutional - for a certain type of international society. International institutions with all their imperfections, continue for him to be the means of realization of the law of cooperation which lies at the heart of his concept of the international system. The themes selected for this volume in honour of Professor Georges Abi-Saab are intended to reflect his unique and pioneering contribution to the field of international law. The contributors are drawn from what he has always considered to be his large `family' of former students: in his forty years of teaching, Georges Abi-Saab has acted as mentor to generations of students from all over the world who have benefited from his vision, insights, originality and creative and stimulating use of language. The contributors also include colleagues and friends who share a similar vision of the international legal system.
Download or read book Gestrinov zbornik written by Darja Mihelič and published by Založba ZRC. This book was released on 1999-03-01 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gestrinov zbornik je zbornik razprav v počastitev osemdesetletnice nestorja slovenske zgodovine akad. prof. dr. Ferda Gestrina. Zbornik poleg predgovora prinaša 48 prispevkov uglednih domačih in tujih avtorjev. V uvodnem delu so združeni bio- in bibliografski podatki o jubilantu. Ostali prispevki so razvrščeni v pet tematskih sklopov. Prvi zajema pet razprav, ki posegajo v obravnavo mediteranskega prostora. Nadaljnji blok devetih prispevkov slika zgodovino vzhodnoalpskega prostora v srednjem in novem veku. Sledi skupina desetih razprav o gospodarski zgodovini. četrti sklop vsebuje dvanajst prispevkov, ki slikajo politično in populacijsko zgodovino od srede 19. stoletja do druge svetovne vojne. Zadnja, peta skupina sedmih prispevkov je heterogena, obravnava pa tematiko šolstva in izobrazbe, teoretična, historiografska in filozofska vprašanja.
Download or read book The Bill of Lading written by Frank Stevens and published by Routledge. This book was released on 2017-12-14 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The carriage of goods by sea starts off with a contract of carriage, an essentially simple and straightforward contract between two parties, the shipper and the carrier. Very often, however, a bill of lading is issued and a third party appears on the scene: the holder of the bill of lading. The holder was not involved in the making of the contract of carriage, but does have rights, and possibly obligations, against the carrier at destination. The question then is how the third-party holder of the bill acquires those rights and obligations. Analysing the different theories that have been proposed to explain the position of the third party holder, this book makes a distinction between contractual theories and non-contractual theories to explain the holder's position. Contractual theories build on the initial contract of carriage and apply contract law mechanisms while non-contractual theories construe the position of the third-party holder independently. Following the analysis and appraisal of the different theories, this book makes the case that the position of the third-party holder of the bill of lading is not obvious or self-evident; and submits that a statutory approach to the position of the holder of the bill of lading has advantages and would be preferable.
Download or read book British Museum Catalogue of printed Books written by and published by . This book was released on 1894 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The CISG and its Impact on National Legal Systems written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is considered to be the most successful convention promoting international trade. According to many commentators, this success is due, among others, to the fact that the Convention does not directly impact on the domestic law of the various legal systems, as it applies only to international - as opposed to purely domestic - contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes - through 24 country reports as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City - to what extent the Convention de facto influences domestic legal systems. In particular, the book examines the Convention's impact on the practice of law, the style of court decisions as well as the domestic legislation in the area of contract law.
Download or read book Catalogue de la Biblioth que de L Utrecht written by "Utrecht" (Insurance Company) and published by . This book was released on 1908 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The History of Compulsory Voting in Europe written by Anthoula Malkopoulou and published by Routledge. This book was released on 2014-12-05 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is voting out of fashion? Does it matter if voters don't show up at the polls? If yes, is legal enforcement of voting compatible with democracy? These are just a few of the questions linked to the thorny problem of electoral abstention. This book addresses the hot question whether there is a duty to vote and if this is enforceable in the form of compulsory voting. Divided into two parts, Anthoula Malkopoulou begins by expertly presenting the importance of compulsory voting today, situating the debate within the contemporary discussion on liberty, equality and democracy. Then, she questions the historical origins of the idea in Europe. In particular, she examines parliamentary discussions and other primary sources from France and Greece, including a few additional insights from other countries like Switzerland and Belgium. Focusing especially on the years between 1870 and 1930, the reader learns about the historical actors of the debates, their efforts to legitimate punishment of abstention through normative arguments, but also their strategic motivations and political interests. While discussions at the beginning of the century focus on introducing compulsory voting, Malkopoulou criticizes its misuse after the Second World War, exposing the contingency of relevant normative claims today and the conditionality of compulsory voting. From ancient times until today, you learn about the ideological debates, their political context and how the problems of equal representation and democratic moderation persist through the ages.
Download or read book Debating the Woman Question in the French Third Republic 1870 1920 written by Karen Offen and published by Cambridge University Press. This book was released on 2018-01-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: A magisterial reconstruction and analysis of the heated debates around the 'woman question' during the French Third Republic.
Download or read book Tax Evasion and Tax Havens since the Nineteenth Century written by Sébastien Guex and published by Springer Nature. This book was released on 2023-04-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collective book offers a panorama of the history of tax evasion, tax avoidance and tax havens from the nineteenth century to the present day, based on the latest research in contemporary history. It aims to show that this phenomenon is at the heart of global capitalism, partly as a response of the ruling classes to the rise of progressive taxation, but for other reasons too: notably the development of a powerful tax evasion and avoidance industry in different countries. The book argues that tax competition between states has stimulated the development of tax havens. It discusses the notion of the ‘tax haven’ and proposes a more rigorous concept - that of the ‘tax predator’. Finally, the book sheds light on the socio-political conflicts that have developed around tax evasion and the way in which states have fought against or tolerated the phenomenon.
Download or read book Sustainable Development and Social Responsibility Volume 2 written by Ahmed N. Al-Masri and published by Springer Nature. This book was released on 2020-01-13 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers high-quality research papers presented at the 2nd AUE international research conference, AUEIRC 2018, which was organized by the American University in the Emirates, Dubai, and held on November 13th-15th, 2018. The book is broadly divided into two main sections: Sustainability and Smart Business, and Sustainability and Creative Industries. The broad range of topics covered under these sections includes: risk assessment in agriculture, corporate social responsibility and the role of intermediaries, the impact of privatizing health insurance, political events and their effect on foreign currency exchange, the effect of sustainable HR practices on financial performance, sustainability integration in the supply chain and logistics, gender inequality in the MENA economies, the panel data model, the model of sustainable marketing in the era of Industry 4.0, micro-enterprises as a tool for combating unemployment, the impact of financial education and control on financial behavior, measuring financial and asset performance in agricultural firms, a comprehensive strategic approach to sustainability in the UAE, sustainability and project finance, HR analytics, FaD or fashion for organizational sustainability, a conceptual framework of sustainable competitive advantages, psychology of organizational sustainability, Blockchain technology and sustainability, veganism and sustainability, institution building from an emotional intelligence perspective, sustainable concrete production using CWP, occupants’ behavior and energy usage in Emirati houses, the effect of shop lighting on consumer behavior, multimedia applications in digital transformation art, integrating biomimicry principles in sustainable architecture, experimental sustainable practices in fashion education, technology-assisted student-centered learning for civil engineering, and a 10-step design process for architectural design studios. All contributions present high-quality original research work, findings and lessons learned in practical development.
Download or read book A Legal Personality for the St Lawrence River and other Rivers of the World written by Yenny Vega Cárdenas and published by Editions JFD. This book was released on 2023-03-15 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the recognition of the Whanganui River in New Zealand, the Ganges and Yamuna Rivers in India, the Yarra River in Australia and the Atrato River in Colombia as «subjects of rights», the International Observatory on Nature’s Rights has initiated a reflection on the possibility of recognizing the St. Lawrence River, the «path that walks» as it is called by the First Nations, as a «legal person». The texts in this collective work deal with the implications of attributing a legal personhood and rights to the St. Lawrence River, delve into the epistemological foundations of the paradigm of the recognition of the rights of Nature and present concrete cases of recognition of rivers as subjects of law. Written by experts from several countries where the recognition of the legal personhood of rivers has occurred to date, they take an in-depth look at the challenges and contributions of this paradigm shift in river protection. This book answers questions about the implications of such recognition and contributes to the process of building a new law that has just begun in Quebec and Canada with the adoption in February 2021 of resolutions conferring the status of «legal person» on the MagPie/ Muteshekau Shipu River located on the North Shore of Quebec and on the Nitassinan (ancestral territory) of two Innu communities, Ekuanitshit and Uashat mak Mani-utemam. Contributions : Inès Bennada, David Cordero Heredia, Teresa Vicente Giménez, Stratégies Saint-Laurent, Isabelle Delainey, Uapukun Mestokosho, Sylvain Gaudreault, Andrew Galliano, Nathalia Parra, Bianca De Marchi Moyano, Hugo Muñoz, Danaé Espinoza, Erin O’Donnell, Brettel Dawson, Shrishtee Bajpai, Rébecca Pétrin, Sokhna Sene, Victor David, Daniel Turp and Yenny Vega Cárdenas.
Download or read book Revolution of the Right to Education written by A. Reis Monteiro and published by BRILL. This book was released on 2021-07-19 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Revolution of the Right to Education, A. Reis Monteiro offers an interdisciplinary and topical introduction to the International Education Law, broadly defined, striving to explain why the normative integrity of the right to education carries far-reaching revolutionary significance.
Download or read book The Rise of Heritage written by Astrid Swenson and published by Cambridge University Press. This book was released on 2013-12-19 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where does our fascination for 'heritage' originate? This groundbreaking comparative study of preservation in France, Germany and England looks beyond national borders to reveal how the idea of heritage emerged from intense competition and collaboration in a global context. Astrid Swenson follows the 'heritage-makers' from the French Revolution to the First World War, revealing the importance of global networks driving developments in each country. Drawing on documentary, literary and visual sources, the book connects high politics and daily life and uncovers how, through travel, correspondence, world fairs and international congresses, the preservationists exchanged ideas, helped each other campaign and dreamed of establishing international institutions for the protection of heritage. Yet, these heritage-makers were also animated by fierce rivalry as international tension grew. This mixture of international collaboration and competition created the European culture of heritage, which defined preservation as integral to modernity, and still shapes current institutions and debates.
Download or read book Yearbook International Tribunal for the Law of the Sea Annuaire Tribunal international du droit de la mer Volume 17 2013 written by Intl. Tribunal for the Law of the Sea and published by BRILL. This book was released on 2022-08-15 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Tribunal for the Law of the Sea is an autonomous judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Yearbook - Annuaire will give lawyers and the general public access to information about the jurisdiction, procedure and organization of the Tribunal and also about its composition and activities in 2013.
Download or read book How to legislate with wisdom and eloquence written by Luís Marchili and published by Luis Marchili. This book was released on 2016-04-16 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The art of legislation, that had got lost, is reborn in this book from the classic tradition, which conceives the laws like wise and eloquent civic speeches, and the rhetoric as its basic method, of a such way, that the return to the ancient will be a true progress.