The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision

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Author :
Publisher : Springer
ISBN 13 : 331927256X
Total Pages : 340 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision by : Başak Başoğlu

Download or read book The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

Labour Rights as Human Rights

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Labour Rights as Human Rights by : Philip Alston

Download or read book Labour Rights as Human Rights written by Philip Alston and published by Oxford University Press, USA. This book was released on 2005 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are efforts to protect workers' rights compatible with the forces of globalization? How can minimum standards designed to protect labor rights be implemented in a world in which national labor law is more and more at the mercy of international forces beyond its control? The contributors to this volume argue that international agreements and institutions are of central importance if labor rights are to be protected in a globalized economy, exploring some of the options that are open to governments, civil society, and the labor movement in the years ahead.

European Contract Law

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Publisher : Walter de Gruyter
ISBN 13 : 3866537255
Total Pages : 649 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis European Contract Law by : Bénédicte Fauvarque-Cosson

Download or read book European Contract Law written by Bénédicte Fauvarque-Cosson and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.

Detention in Non-International Armed Conflict

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Publisher : Oxford University Press
ISBN 13 : 0191067016
Total Pages : 424 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Detention in Non-International Armed Conflict by : Lawrence Hill-Cawthorne

Download or read book Detention in Non-International Armed Conflict written by Lawrence Hill-Cawthorne and published by Oxford University Press. This book was released on 2016-03-24 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.

The Work of the International Law Commission

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Publisher :
ISBN 13 : 9789211337631
Total Pages : 428 pages
Book Rating : 4.3/5 (376 download)

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Book Synopsis The Work of the International Law Commission by : Vereinte Nationen International Law Commission

Download or read book The Work of the International Law Commission written by Vereinte Nationen International Law Commission and published by . This book was released on 2007 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:

French Caribbeans in Africa

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Publisher : Palgrave Macmillan
ISBN 13 : 9781349289912
Total Pages : 203 pages
Book Rating : 4.2/5 (899 download)

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Book Synopsis French Caribbeans in Africa by : V. Hélénon

Download or read book French Caribbeans in Africa written by V. Hélénon and published by Palgrave Macmillan. This book was released on 2011-03-29 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book-length study of the French Caribbean presence in Africa, and serves as a unique contribution to the field of African Diaspora and Colonial studies. By using administrative records, newspapers, and interviews, it explores the French Caribbean presence in the colonial administration in Africa before World War II.

Should Trees Have Standing?

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Publisher : Oxford University Press
ISBN 13 : 0199774242
Total Pages : 265 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Should Trees Have Standing? by : Christopher D. Stone

Download or read book Should Trees Have Standing? written by Christopher D. Stone and published by Oxford University Press. This book was released on 2010-04-07 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.

Frontline and Factory

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Publisher : Springer Science & Business Media
ISBN 13 : 1402054904
Total Pages : 292 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Frontline and Factory by : Roy MacLeod

Download or read book Frontline and Factory written by Roy MacLeod and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a first considered attempt to study the factors that conditioned industrial chemistry for war in 1914-18. Taking a comparative perspective, it reflects on the experience of France, Germany, Austria, Russia, Britain, Italy and Russia, and points to significant similarities and differences. It looks at changing patterns in the organisation of industry, and at the emerging symbiosis between science, industry and the military.

Protecting Labour Rights as Human Rights

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Publisher :
ISBN 13 :
Total Pages : 316 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis Protecting Labour Rights as Human Rights by : George Politakis

Download or read book Protecting Labour Rights as Human Rights written by George Politakis and published by . This book was released on 2007 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprises a collection of papers grouped around four themes: the existing institutional framework for monitoring state compliance with social and economic rights; rethinking methods of supervision and evaluating their impact; international supervision at the time of institutional reform; and future approaches to international regulation and supervision.

Culture: urban future

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Publisher : UNESCO Publishing
ISBN 13 : 9231001701
Total Pages : 304 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Culture: urban future by : UNESCO

Download or read book Culture: urban future written by UNESCO and published by UNESCO Publishing. This book was released on 2016-12-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report presents a series of analyses and recommendations for fostering the role of culture for sustainable development. Drawing on a global survey implemented with nine regional partners and insights from scholars, NGOs and urban thinkers, the report offers a global overview of urban heritage safeguarding, conservation and management, as well as the promotion of cultural and creative industries, highlighting their role as resources for sustainable urban development. Report is intended as a policy framework document to support governments in the implementation of the 2030 Agenda for Sustainable Urban Development and the New Urban Agenda.

Is Critique Secular?

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Publisher : Fordham Univ Press
ISBN 13 : 082325237X
Total Pages : 166 pages
Book Rating : 4.8/5 (232 download)

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Book Synopsis Is Critique Secular? by : Talal Asad

Download or read book Is Critique Secular? written by Talal Asad and published by Fordham Univ Press. This book was released on 2013-05-09 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume interrogates settled ways of thinking about the seemingly interminable conflict between religious and secular values in our world today. What are the assumptions and resources internal to secular conceptions of critique that help or hinder our understanding of one of the most pressing conflicts of our times? Taking as their point of departure the question of whether critique belongs exclusively to forms of liberal democracy that define themselves in opposition to religion, these authors consider the case of the “Danish cartoon controversy” of 2005. They offer accounts of reading, understanding, and critique for offering a way to rethink conventional oppositions between free speech and religious belief, judgment and violence, reason and prejudice, rationality and embodied life. The book, first published in 2009, has been updated for the present edition with a new Preface by the authors.

Revisiting Moroccan Migrations

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Publisher : Routledge
ISBN 13 : 1317215303
Total Pages : 232 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Revisiting Moroccan Migrations by : Mohammed Berriane

Download or read book Revisiting Moroccan Migrations written by Mohammed Berriane and published by Routledge. This book was released on 2018-02-02 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the 20th century, Morocco has become one of the world’s major emigration countries. But since 2000, growing immigration and settlement of migrants from sub-Saharan Africa, the Middle East, and Europe confronts Morocco with an entirely new set of social, cultural, political and legal issues. This book explores how continued emigration and increasing immigration is transforming contemporary Moroccan society, with a particular emphasis on the way the Moroccan state is dealing with shifting migratory realities. The authors of this collective volume embark on a dialogue between theory and empirical research, showcasing how contemporary migration theories help understanding recent trends in Moroccan migration, and, vice-versa, how the specific Moroccan case enriches migration theory. This perspective helps to overcome the still predominant Western-centric research view that artificially divide the world into ‘receiving’ and ‘sending’ countries and largely disregards the dynamics of and experiences with migration in countries in the Global South. This book was previously published as a special issue of The Journal of North African Studies.

Why Marriage

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Publisher :
ISBN 13 : 9780465009589
Total Pages : 230 pages
Book Rating : 4.0/5 (95 download)

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Book Synopsis Why Marriage by : George Chauncey

Download or read book Why Marriage written by George Chauncey and published by . This book was released on 2005-12-13 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Showing how the present is shaped by the past, the author of "Gay New York" explains why the campaign for same-sex marriage has become the most explosive issue in the long struggle for gay rights.

Human Rights

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Publisher : OUP Oxford
ISBN 13 : 0191021482
Total Pages : 468 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Human Rights by : Christian Tomuschat

Download or read book Human Rights written by Christian Tomuschat and published by OUP Oxford. This book was released on 2008-07-10 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. The volume then moves on to analyse of the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. The author explains how and why ithe classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.

Collected Courses of the Academy of European Law

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Publisher :
ISBN 13 : 9780199288465
Total Pages : 0 pages
Book Rating : 4.2/5 (884 download)

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Book Synopsis Collected Courses of the Academy of European Law by : Antônio Augusto Cançado Trindade

Download or read book Collected Courses of the Academy of European Law written by Antônio Augusto Cançado Trindade and published by . This book was released on 1991 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Social Revolutions in the Modern World

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Publisher : Cambridge University Press
ISBN 13 : 9780521409384
Total Pages : 366 pages
Book Rating : 4.4/5 (93 download)

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Book Synopsis Social Revolutions in the Modern World by : Theda Skocpol

Download or read book Social Revolutions in the Modern World written by Theda Skocpol and published by Cambridge University Press. This book was released on 1994-09-30 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theda Skocpol, author of the award-winning 1979 book States and Social Revolutions, updates her arguments about social revolutions.

United Nations Juridical Yearbook, 1981

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Publisher :
ISBN 13 : 9789211333329
Total Pages : pages
Book Rating : 4.3/5 (333 download)

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Book Synopsis United Nations Juridical Yearbook, 1981 by : United Nations Staff

Download or read book United Nations Juridical Yearbook, 1981 written by United Nations Staff and published by . This book was released on 1965 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: