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Alternative Streitbeilegung Im Verwaltungsrecht
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Book Synopsis Alternative Streitbeilegung im Verwaltungsrecht by : Christoph A. Stumpf
Download or read book Alternative Streitbeilegung im Verwaltungsrecht written by Christoph A. Stumpf and published by Mohr Siebeck. This book was released on 2006 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Im Verwaltungsprozeßrecht ist mittlerweile die Zulässigkeit von alternativen Methoden der Streitbeilegung zur Beilegung von Konflikten zwischen der staatlichen Verwaltung und Privaten anerkannt. Christoph A. Stumpf untersucht die verfassungs- und verwaltungsrechtlichen Rahmenbedingungen für derartige Methoden, wobei das 'echte' und das 'unechte' Schiedsverfahren, das Schiedsgutachten, die Mediation und die Schlichtung im Zentrum des Interesses stehen. Er erörtert die grundsätzliche verfassungsrechtliche Zulässigkeit dieser Methoden auf nationaler Ebene sowie ihre Bedeutung auf internationaler Ebene und stellt die praktische Durchführung entsprechender Verfahren dar. In diesem Kontext werden auch die Vorzüge der einzelnen Methoden, insbesondere ihre Sachnähe zu den zu lösenden Konflikten und ihre praktische Effektivität, näher beleuchtet.
Book Synopsis Alternative Streitbeilegung im Verwaltungsrecht by : Christoph A. Stumpf
Download or read book Alternative Streitbeilegung im Verwaltungsrecht written by Christoph A. Stumpf and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Alternative Dispute Resolution in European Administrative Law by : Dacian C. Dragos
Download or read book Alternative Dispute Resolution in European Administrative Law written by Dacian C. Dragos and published by Springer. This book was released on 2014-09-19 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.
Book Synopsis New Developments in Civil and Commercial Mediation by : Carlos Esplugues
Download or read book New Developments in Civil and Commercial Mediation written by Carlos Esplugues and published by Springer. This book was released on 2015-09-11 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.
Book Synopsis The U.S. Supreme Court and Contemporary Constitutional Law: The Obama Era and Its Legacy by : Anna-Bettina Kaiser
Download or read book The U.S. Supreme Court and Contemporary Constitutional Law: The Obama Era and Its Legacy written by Anna-Bettina Kaiser and published by Nomos Verlag. This book was released on 2018-12-10 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Der Oberste Gerichtshof der USA hat gerade während der Regierungszeit Barack Obamas das amerikanische Verfassungsrecht durch mehrere wegweisende Urteile neu geprägt. Der vorliegende Band vereint Beiträge renommierter Verfassungsrechtler aus den USA und Europa, die die Entwicklungen während der Obama-Regierung und ihre anhaltende Bedeutung rekonstruieren, analysieren und erklären.
Book Synopsis Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law by : Marie Mercat-Bruns
Download or read book Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law written by Marie Mercat-Bruns and published by Springer. This book was released on 2018-06-30 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.
Book Synopsis The Exercise of Public Authority by International Institutions by : Armin Bogdandy
Download or read book The Exercise of Public Authority by International Institutions written by Armin Bogdandy and published by Springer Science & Business Media. This book was released on 2010-02-11 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http://www.germanlawjournal.com). We would like to express our sincere gratitude to the journal’s editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.
Download or read book 政大法學評論 written by and published by . This book was released on 2011 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Bibliography of Book Reviews of Scholarly Literature Chiefly in the Fields of Arts and Humanities and the Social Sciences by :
Download or read book International Bibliography of Book Reviews of Scholarly Literature Chiefly in the Fields of Arts and Humanities and the Social Sciences written by and published by . This book was released on 2007 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rethinking Legal Scholarship by : Rob van Gestel
Download or read book Rethinking Legal Scholarship written by Rob van Gestel and published by Cambridge University Press. This book was released on 2017-02-02 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
Book Synopsis Regulating Artificial Intelligence by : Thomas Wischmeyer
Download or read book Regulating Artificial Intelligence written by Thomas Wischmeyer and published by Springer Nature. This book was released on 2019-11-29 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the normative and practical challenges for artificial intelligence (AI) regulation, offers comprehensive information on the laws that currently shape or restrict the design or use of AI, and develops policy recommendations for those areas in which regulation is most urgently needed. By gathering contributions from scholars who are experts in their respective fields of legal research, it demonstrates that AI regulation is not a specialized sub-discipline, but affects the entire legal system and thus concerns all lawyers. Machine learning-based technology, which lies at the heart of what is commonly referred to as AI, is increasingly being employed to make policy and business decisions with broad social impacts, and therefore runs the risk of causing wide-scale damage. At the same time, AI technology is becoming more and more complex and difficult to understand, making it harder to determine whether or not it is being used in accordance with the law. In light of this situation, even tech enthusiasts are calling for stricter regulation of AI. Legislators, too, are stepping in and have begun to pass AI laws, including the prohibition of automated decision-making systems in Article 22 of the General Data Protection Regulation, the New York City AI transparency bill, and the 2017 amendments to the German Cartel Act and German Administrative Procedure Act. While the belief that something needs to be done is widely shared, there is far less clarity about what exactly can or should be done, or what effective regulation might look like. The book is divided into two major parts, the first of which focuses on features common to most AI systems, and explores how they relate to the legal framework for data-driven technologies, which already exists in the form of (national and supra-national) constitutional law, EU data protection and competition law, and anti-discrimination law. In the second part, the book examines in detail a number of relevant sectors in which AI is increasingly shaping decision-making processes, ranging from the notorious social media and the legal, financial and healthcare industries, to fields like law enforcement and tax law, in which we can observe how regulation by AI is becoming a reality.
Book Synopsis The Transformation of Administrative Law in Europe by : Matthias Ruffert
Download or read book The Transformation of Administrative Law in Europe written by Matthias Ruffert and published by sellier. european law publ.. This book was released on 2007 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
Book Synopsis Networks as Connected Contracts by : Gunther Teubner
Download or read book Networks as Connected Contracts written by Gunther Teubner and published by Bloomsbury Publishing. This book was released on 2011-05-27 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business networks consist of several independent businesses that enter into interrelated contracts, conferring on the parties many of the benefits of co-ordination achieved through vertical integration in a single firm, without creating a single integrated business such as a corporation or partnership. Retail franchises are one such example of a network, but the most common instance is a credit card transaction between a customer, retailer, and the issuer of the card. How should the law analyse this hybrid economic phenomenon? It is neither exactly a market relationship - because that overlooks the co-ordination, relational qualities and interdependence of the contracts - nor is it a type of business association or company, since it lacks a centralised co-ordinating authority that receives the residual profits. This book is a translation of Gunther Teubner's classic work on networks, setting out his novel legal concept of 'connected contracts'. In it he explains how this concept addresses the problems posed by networks, such as the question whether the network as a whole can be held legally responsible for damage that it causes to third parties such as customers. A substantial introduction by Hugh Collins explains the analysis of networks in the context of German law and the systems theory from which Teubner approaches the topic. The introduction also explores how far the concept of connected contracts might assist in the common law world, including the UK and the USA, to address the same problems that arise in cases involving networks. As well as making a contribution to comparative law and legal theory, the book will be of interest to scholars interested in contract law, commercial law and the law of business associations.
Book Synopsis The Laws of Transparency in Action by : Dacian C. Dragos
Download or read book The Laws of Transparency in Action written by Dacian C. Dragos and published by Springer. This book was released on 2018-07-20 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the issue of free access to information as part of the openness and transparency principles. The free access to public information has become one of the most hotly contested aspects of contemporary government and public administration. Many countries in Europe have well-established Freedom of Information laws (FOIAs), while others have adopted them more recently. The problems that occur in the implementation of FOIAs are different due to the legal and institutional context; nevertheless, patterns of best practices and malfunctioning are comparable. The book analyses in comparative and empirical perspective the respective main challenges. Whilst the existing literature focusses on the legal provisions, this book offers practical insights through 13 national profiles and the EU level, on how effective the legal provisions of FOIAs really prove to be.
Book Synopsis Transforming Administrative Procedure by : Javier Barnes
Download or read book Transforming Administrative Procedure written by Javier Barnes and published by . This book was released on 2015-07-05 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective work with the participation of eleven authors from different countries. New coordinates of such an important and ubiquitous institution as the administrative procedure institution is, are analyzed in this book. The ten chapters deal with the evolution of the process in today's world: new generations of procedures as a result of new forms of government and administration; the onset of compound procedures, in which a plurality of administrations and agencies are involved, both inside and outside the State; new procedures for the development of rules, regulations and standards in risk and uncertainty scenarios; procedural principles that guide the activities and services rendered... It is an essential work of thinking to understand the evolution that the process experiences from decades ago.
Book Synopsis The Foundations of European Community Law by : Trevor C. Hartley
Download or read book The Foundations of European Community Law written by Trevor C. Hartley and published by Oxford University Press, USA. This book was released on 2007 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1.Communnity institutions - 2.The community legal system - 3.Community law and the member states - 4.Administrative law.
Book Synopsis Integrated approaches to health by : Simon R. Rüegg
Download or read book Integrated approaches to health written by Simon R. Rüegg and published by BRILL. This book was released on 2023-09-14 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: One Health addresses health challenges arising from the intertwined spheres of humans, animals and ecosystems. This handbook is the product of an interdisciplinary effort to provide science-based guidance for the evaluation of One Health and other integrated approaches to health. It guides the reader through a systems approach and framework to evaluate such approaches in a standardised way. It provides an overview of concepts and metrics from health and life sciences, social sciences, economics, and ecology that are relevant for the evaluation of the processes involved, as well as the characterisation of expected and unexpected outcomes of One Health initiatives. Finally, the handbook provides guidance and practical protocols to help plan and implement evaluations in order to generate new insights and provide meaningful information about the value of One Health. The handbook is intended for practitioners, researchers, evaluators as well as funders of integrated approaches to health and beyond.
