Download or read book Recueil Des Cours written by Academie de Droit International and published by Martinus Nijhoff Publishers. This book was released on 1998-06-03 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. 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." This volume contains: - Souverainete territoriale et globalisation des marches: le domaine d'application des lois contre les restrictions de la concurrence, par J. BASEDOW, professeur a l'Universite libre de Berlin. The number of national laws that protect competition against private restrictions are constantly increasing. Their application to trans-boundary situations poses difficult problems for both private international law and public international law. The course deals with both, either with respect to application of the "lex fori" or with respect to application of foreign laws. - Enforcement in the International Context by K.D. KERAMEUS, Professor at the University of Athens. In recent years, enforcement proceedings have gone through a comprehensive reform in many countries. Furthermore, modern enforcement increasingly relies on foreign judgements. The course focuses on three subjects: the comparative element in recent codifications and case-law developments in the area of enforcement: salient and converging trends in the enforcement of foreign judgments on the basis of domestic law or international conventions: and the delimitation of "lex fori"and foreign law during the enforcement proceedings. To access the abstract texts for this volume please click here
Download or read book Le Jacquard written by and published by . This book was released on 1889 with total page 1232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Cartel Enforcement written by Andreas Scordamaglia-Tousis and published by Kluwer Law International B.V.. This book was released on 2013-08-01 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has a been a long-standing debate on the compatibility of EU competition law with fundamental rights protection, particularly as the latter is enshrined in the due process requirements of the European Convention on Human Rights (ECHR). This book, a signal contribution to that debate, assesses two questions of paramount concern: first, whether the current level of fundamental rights protection in cartel enforcement falls within the accepted ECHR standards; and second, how the often conflicting objectives of effectiveness and adequate protection of fundamental rights could optimally be achieved. Following a detailed survey of relevant EU institutional, substantive, and procedural law rules, the author offers a set of persuasive normative responses to both questions. Proceeding from an in-depth analysis of the pertinent rights and legal nature of competition proceedings under EU and ECHR law, the author goes on to examine such elements of the perceived incompatibility as the following: investigatory powers vested in competition authorities; the privilege against self-incrimination; right to privacy; “fair trial” probatory requirements; degree of use of presumptions in EU practice; Article 6 ECHR guarantees pertaining to the presumption of innocence; proving coordination of competitive behaviour; proving restriction of competition; admissibility of evidence before EU Courts and the Commission; assessment of the attribution of liability rules; EU fining rules; judicial review of cartel decisions by EU Courts; and national sanctioning rules. The author’s extraordinarily thorough presentation is rounded off with a remarkably comprehensive bibliography that lists (in addition to books and articles) newspaper articles, EU regulations and directives, soft-law guidelines and “best practices”, EU and ECtHR case law, EU Advocate General opinions, European Commission decisions, and European Ombudsman decisions. General conclusions stress the necessity of introducing further reforms to enhance the effectiveness and legitimacy of fundamental rights in the context of competition proceedings. Few books have taken such a thorough and far-reaching approach to the reconciliation of “effective public enforcement” and “fundamental rights”, or of “effective deterrence” with the principles of legality, non-retroactivity, presumption of innocence, and ne bis in idem. In the depth of its appraisal of the entire spectrum of enforcement components from a fundamental rights perspective, the book is without peers. It will be warmly welcomed by any parties interested in the intersection of competition law and human rights.
Download or read book Enforcement and Effectiveness of Consumer Law written by Hans-W. Micklitz and published by Springer. This book was released on 2018-07-06 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.
Download or read book The Evolution of European Competition Law written by Hanns Ullrich and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Ullrich is thoughtful and attracted star scholars from many countries, so the papers and discussion are provocative and introduce recent economic thinking, although many are written by lawyers. . . The text is lucid and interesting, the thought innovative and anyone seriously interested in competition policy should read these papers and the comments with pleasure. Valentine Korah, World Competition This collection of papers and comments deserves to be widely read, and it should appeal to academics and practitioners alike. The great mix of topics and the variety of views offered make this a very stimulating contribution to the discussion of the new paradigm of EC competition law, the more economic approach, and its implications for the application and interpretation of the various EU antitrust rules. Thomas Eilmansberger, European Law Journal The editor should be congratulated for bringing together this diverse group of scholars whose spirited disagreements remind one of the many challenges faced in exploring the role and function of competition law. Giorgio Monti, European Review of Contract Law With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective. The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition, which it does by reviewing the following subjects: foundations of competition policy in the EU and the US strategic competition policy the evolution of European competition law from a national (Italian) perspective the block exemption of vertical agreements after four years the new Technology Transfer Block Exemption cooperative networking mergers in the media sector abuse of market power concepts of competition in sector specific regulation competition, regulation and systems coherence efficiency claims in EU competition law and sector specific regulation. The Evolution of European Competition Law will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.
Download or read book International Competition Litigation written by Gordon Blanke and published by Kluwer Law International B.V.. This book was released on 2012-08-01 with total page 1231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition litigation has become a major area of practice and almost invariably involves more than one, and often several jurisdictions. Moreover, arbitration and other dispute resolution mechanisms alternative to litigation (ADR) are becoming increasingly important in competition law. This book examines all the relevant aspects of litigation, arbitration and ADR in a number of jurisdictions around the world to provide a thorough and exhaustive guide for practitioners based on the analysis of the policies and principles that underpin the law. The authors and editors are leading practitioners, academics and competition officials in their own jurisdictions and world-wide and bring together unrivalled expertise and practical insights which will be useful in planning and managing multi-jurisdictional competition disputes.
Download or read book Legislation Governing Food Control and Quality Certification written by Jean-Pierre Chiaradia-Bousquet and published by Food & Agriculture Org.. This book was released on 1995 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The New Regulatory Framework for Consumer Dispute Resolution written by Pablo Cortés and published by Oxford University Press. This book was released on 2016-12-01 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.
Download or read book A Casebook on European Consumer Law written by Reiner Schulze and published by Bloomsbury Publishing. This book was released on 2002-12-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: European consumer law has become a vital part of both legal education and practice. This Casebook details the most fundamental judgments of the Court of Justice on consumer law to date and their effect on national legal systems. It contains twenty leading European cases and is then followed by concise analyses of the effect of these decisions on some of the national legal systems of the Member States,and how national legislatures and national courts have reacted to this ever burgeoning area of European law. The focus of the book is private law, including consumer contracts, advertisement law, European product liability and consumer dispute resolutions. The Casebook is an essential guide for students and practitioners alike. It provides the reader with an overview of the most important cases and analyses in the area of European consumer law on both European and national levels. The editors and contributors to the country reports are members of the EU- funded research network 'Common Principles of European Private Law'.
Download or read book M langes en l honneur de Bernard Dutoit written by Bernard Dutoit and published by Librairie Droz. This book was released on 2002 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Publications written by Canada. Fuel Board and published by . This book was released on 1923 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property Overlaps written by Estelle Derclaye and published by Bloomsbury Publishing. This book was released on 2011-05-11 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property rights, conventionally seen as quite distinct, are increasingly overlapping with one another. There are several reasons for this: the expansion of IPRs beyond their traditional borders, the creation of new IPRs especially at EU level, the exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition as an alternative when IPRs are either not available at all or expired. The convergence of several IPRs on the same subject-matter poses problems. As they are normally envisaged as water-tight categories, there are very few rules which cater for the sort of regime clash that any overlap of IPRs necessarily entails. This book's aim is to find appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book studies the practical consequences of each overlap at the international, European and national levels (where the laws of France, the UK and Germany are reviewed). It then analyses the reasons for the prohibition or authorisation of overlaps. This analysis enables the determination of criteria and principles that can be used to (re)map the overlaps to achieve appropriateness and legitimacy.
Download or read book Principles of French Law written by John Bell and published by OUP Oxford. This book was released on 2008-03-27 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of French Law offers a comprehensive introduction to French law and the French legal system in terms which a common lawyer can understand. The authors give an explanation of the institutions, rules and techniques that characterize the major branches of French law. The chapters provide the reader with a clear sense of the questions that French lawyers see as important and how they would answer them. In the ten years since the publication of the first edition, French law has changed in significant ways. European Union law and the European Convention on Human Rights have had a significant impact, especially on procedural law and family law. There has been a new Commercial Code, major legislation on divorce, succession and criminal law, as well as significant developments in the Constitution. In addition, there have been considerable developments in the case-law and a much discussed proposal for reform of major areas of the law of obligations. The chapters present not only the rules of law, but, where appropriate, the principles and values underlying the system. Considerable use is made of juristic literature and of examples from French case law. The book is designed for students studying French law at both undergraduate and postgraduate level, and as preliminary reading for students about to study in France. It will also serve as an initial point of reference for scholars embarking on a study of French law.
Download or read book Official Journal of the European Communities written by and published by . This book was released on 1985 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The New French Law of Contract written by Solène Rowan and published by Oxford University Press. This book was released on 2022-08-22 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges with an interest in comparative law.
Download or read book Information Obligations and Disinformation of Consumers written by Gert Straetmans and published by Springer Nature. This book was released on 2019-09-05 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.
