Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982

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Publisher : Springer Science & Business Media
ISBN 13 : 9401744432
Total Pages : 445 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982 by : H. D'Oliveira

Download or read book Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982 written by H. D'Oliveira and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Last year I addressed the Netherlands Comparative Law Asso ciation with the following question: 'Does Comparative Law Exist At All?' (My intention then was to flog the dead (?) horse of the merger of comparative law and the sociology of law. ) In presenting this voluminous collection of Netherlands national reports to the eleventh congress of the Internatio nal Academy of Comparative Law I feel my misgivings giving way to the suspicion, that comparative law indeed exists. Of course national reports do not, as such, prove the exist ence of comparative law. It is the general reports together with the national reports, which embody the comparative effort. That is why the Netherlands Comparative Law Associa tion took the initiative to propose the publishing of the materials on a subject to subject basis instead of publish ing collections of national reports. From a comparative legal point of view, it is the topic that should form the basis of the publication, and not the origin of the materials. The general reporter for each topic should be prepared to take up the responsabilities of editing the volume, and would have to be given the right to select those national reports which he considers to be useful both in regard to their quality and the relevance of the material to the basic problems in the questionnaire. This proposal met with very favourable comments from the na tional committees and general reporters of some fifteen coun tries.

Netherlands Reports to the Seventeenth International Congress of Comparative Law, Utrecht 2006

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Publisher : Intersentia nv
ISBN 13 : 9050955797
Total Pages : 557 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Netherlands Reports to the Seventeenth International Congress of Comparative Law, Utrecht 2006 by : J. H. M. van Erp

Download or read book Netherlands Reports to the Seventeenth International Congress of Comparative Law, Utrecht 2006 written by J. H. M. van Erp and published by Intersentia nv. This book was released on 2006 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives the reader an overview of current developments in Dutch Law. The contributions are from leading academics from different universities in the Netherlands. Amongst others the following topics are covered: . Dutch family law in the 21st Century: Trend-setting and straggling behind at the same time (M. Antonkolskaia and K. Boele-Woelki) . Mediation in the Netherlands: past - present - future (A. de Roo and R. Jagtenberg) . Mandatory and non-mandatory rules in Dutch corporate law (M. Meinema) . Limits and control of competition with a view to international harmonisation (P.-J. Slot) . Rights of minority shareholders in the Netherlands (L. Timmerman and A. Doorman) . Constitution, international treaties, contracts and torts (M. van Empel and M. de Jong) . Human rights and private corporations: A Dutch legal perspective (S. van Bijsterveld) . The rights of the embryo and the foetus under Dutch law (V. Derckx and E. Hondius) . Regulating electronic commerce in the Netherlands (C. Prins)

General Reports of the XVIIth Congress of the International Academy of Comparative Law

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Publisher : Eleven International Publishing
ISBN 13 : 9077596194
Total Pages : 1057 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis General Reports of the XVIIth Congress of the International Academy of Comparative Law by : Katharina Boele-Woelki

Download or read book General Reports of the XVIIth Congress of the International Academy of Comparative Law written by Katharina Boele-Woelki and published by Eleven International Publishing. This book was released on 2007 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the General Reports presented at the XVIIth Congress of the International Academy of Comparative Law (IACL), which was held in July 2006 in Utrecht. A wide variety of topics is covered in this collection, ranging from liability of judges to competition law. The book provides an interesting assessment of the development of comparative law in recent decades and shows the growing importance of comparative law in various disciplines of law.

Netherlands Reports to the Sixteenth International Congress of Comparative Law

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Publisher : Intersentia nv
ISBN 13 : 9050952321
Total Pages : 1 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Netherlands Reports to the Sixteenth International Congress of Comparative Law by : E. H. Hondius

Download or read book Netherlands Reports to the Sixteenth International Congress of Comparative Law written by E. H. Hondius and published by Intersentia nv. This book was released on 2002 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives the reader an overview of current developments in Dutch Law. The contributions are from leading academics from different universities in the Netherlands. Amongst others the following topics are covered: - Dutch family law in the 21st Century: Trend-setting and straggling behind at the same time (Masha Antonkolskaia and Katharina Boele-Woelki) - Mediation in the Netherlands: past - present - future (Annie de Roo and Rob Jagtenberg) - Mandatory and non-mandatory rules in Dutch corporate law (Martha Meinema) - Limits and control of competition with a view to international harmonisation (Piet Jan Slot) - Rights of minority shareholders in the Netherlands (L. Timmerman and A. Doorman) - Constitution, international treaties, contracts and torts (Martijn van Empel and Marianne de Jong) - Human rights and private corporations: A Dutch legal perspective (Sophie van Bijsterveld) - The rights of the embryo and the foetus under Dutch law (Veelke Derckx and Ewoud Hondius) - Regulating electronic commerce in the Netherlands (C. Prins)

Festschrift Liber Amicorum Tu?rulansay

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125140
Total Pages : 578 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Festschrift Liber Amicorum Tu?rulansay by : Sabih Arkan

Download or read book Festschrift Liber Amicorum Tu?rulansay written by Sabih Arkan and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Turul Ansay is an outstanding figure in the landscape of comparative law. In a field that holds ever-growing promise for the future, he continues to manifest his tireless spirit in a wide arc of influential activity. The spectrum of his achievement encompasses many areas of substantive law as well as legal education. He is noted also for his direct contributions to the national legal systems of more than a few countries notably that of his native Turkey contributions characterized by the deep integrity that a truly comparative perspective brings. This impressive Festschrift in honour of Dr. Ansay's 75th birthday presents signal contributions by no less than thiry-six of his colleagues and fellow-comparatists, all of them well-known scholars in their fields. They offer insightful views on some of the many tasks of legal scholarship taken up by Dr. Ansay in the course of his long career, including such areas as the following: European competition law Conflicts of labor law conflicts among EC law and various national legal systems European real property law multiple nationality and diplomatic protection fundamental rights and private international law international consumer protection family relations in foreign law and in international family law Rights on immovable properties in Europe international agreements on jurisdiction the Anglo-internationalisation of law and language foreign direct investment protection legal education in Germany The wealth of material in this book represents a treasury of commentary and information that no student of comparative law will want to do without. Because of its array of outstanding authors in the field and its important sidelights on such areas as transplanted law, legal and social change, comparative law methodology, European legal integration and convergence, and cross-border import and export of ideas and institutions, this book is far more than a liber amicorum: it is a major new contribution to the field of comparative law, and will be of great value not only to academics but to lawyers involved in cross-border practice in areas such as family law, human rights law, and international business transactions.

Comparative Corporate Governance

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Publisher : Cambridge University Press
ISBN 13 : 1107355117
Total Pages : 1252 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Comparative Corporate Governance by : Andreas M. Fleckner

Download or read book Comparative Corporate Governance written by Andreas M. Fleckner and published by Cambridge University Press. This book was released on 2013-07-11 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The business corporation is one of the greatest organizational inventions, but it creates risks both for shareholders and for third parties. To mitigate these risks, legislators, judges, and corporate lawyers have tried to learn from foreign experiences and adapt their regulatory regimes to them. In the last three decades, this approach has led to a stream of corporate and capital market law reforms unseen before. Corporate governance, the system by which companies are directed and controlled, is today a key topic for legislation, practice, and academia all over the world. Corporate scandals and financial crises have repeatedly highlighted the need to better understand the economic, social, political, and legal determinants of corporate governance in individual countries. Comparative Corporate Governance furthers this goal by bringing together current scholarship in law and economics with the expertise of local corporate governance specialists from twenty-three countries.

Netherlands Reports to the Fifteenth International Congress of Comparative Law

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Publisher : Intersentia
ISBN 13 : 9789050950411
Total Pages : 624 pages
Book Rating : 4.9/5 (54 download)

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Book Synopsis Netherlands Reports to the Fifteenth International Congress of Comparative Law by : E. H. Hondius

Download or read book Netherlands Reports to the Fifteenth International Congress of Comparative Law written by E. H. Hondius and published by Intersentia. This book was released on 1998 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication gives an overview of the academic developments in the field of comparative law in the Netherlands. Twenty-seven extensive articles, mainly in English, cover all legal areas and give a state of affairs in the Netherlands. This includes "the gentleman's agreement", "the institution of the trust and Dutch law", "protection of persons in medical research", "the legal protection of biological material", "anonymous witnesses in the Netherlands", "flexibilisation of working life", "the impact of the Internet on legal bibliography", "information and communication technology".

Judicial Review of Legislation

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Publisher : Springer Science & Business Media
ISBN 13 : 9048190029
Total Pages : 332 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis Judicial Review of Legislation by : Gerhard van der Schyff

Download or read book Judicial Review of Legislation written by Gerhard van der Schyff and published by Springer Science & Business Media. This book was released on 2010-06-16 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119620
Total Pages : 290 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe by : Martijn Hesselink

Download or read book The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe written by Martijn Hesselink and published by Kluwer Law International B.V.. This book was released on 2002-10-16 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

Fundamental Rights in European Contract Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126716
Total Pages : 399 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Fundamental Rights in European Contract Law by : Chantal Mak

Download or read book Fundamental Rights in European Contract Law written by Chantal Mak and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.

Rethinking Investor-State Arbitration

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Publisher : Springer Nature
ISBN 13 : 303138184X
Total Pages : 413 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis Rethinking Investor-State Arbitration by : Flavia Marisi

Download or read book Rethinking Investor-State Arbitration written by Flavia Marisi and published by Springer Nature. This book was released on 2023-10-18 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: A significant increase in investor-State arbitration cases has been observed since the 2000s. The trust placed by investors and States in this method of dispute resolution stems from several strengths. In addition to its neutrality, one of the primary reasons for its widespread use is its adaptability, enabling it to address specific challenges that have emerged in recent decades. The following elements highlight this adaptability: the arbitration procedure can be customised to meet the specific needs of the disputing parties and stakeholders involved. It effectively responds to evolving cultural norms and ethical considerations, such as diversity, gender representation, corporate social responsibility, environmental issues, and human rights. Moreover, it can adapt to global health crises by facilitating online hearings. Finally, during times of international armed conflict, economic exchanges, trade, investment, and investor-State dispute settlement foster economic integration and interdependence, contributing to maintaining commercial peace and supporting international peace and security. However, investor-State arbitration has sparked vigorous debates, with many advocating for reform in three crucial aspects: transparency, legitimacy, and consistency. Multilateral negotiations are currently underway on various fronts, including the negotiation of more sustainable investment treaties, amendments to institutional arbitral rules, the design of a multilateral investment court, and the development of enhanced policy frameworks. This book delves into the history of investor-State dispute resolution to provide readers with an understanding of how its main features have evolved over time. It examines the most intensely debated procedural issues, analyses their multifaceted characteristics, reviews the complex relationship between investor-State arbitration and the European Union, and explores potential options for addressing stakeholder concerns.

Intellectual Property and Human Rights

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Publisher : Edward Elgar Publishing
ISBN 13 : 1849802041
Total Pages : 329 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Intellectual Property and Human Rights by : F. W. Grosheide

Download or read book Intellectual Property and Human Rights written by F. W. Grosheide and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . very refreshing. . . a valuable contribution to the debate. European Intellectual Property Review The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. Madhu Sahni, Journal of Intellectual Property Rights Gathering together essays by leading commentators, Professor Willem Grosheide s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues. Graeme Austin, University of Arizona, US In the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.

Introduction to Dutch Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403540532
Total Pages : 1049 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Introduction to Dutch Law by : Larissa van den Herik

Download or read book Introduction to Dutch Law written by Larissa van den Herik and published by Kluwer Law International B.V.. This book was released on 2022-01-27 with total page 1049 pages. Available in PDF, EPUB and Kindle. Book excerpt: A standard legal resource since its first edition in 1978, this matchless book has proven itself the ideal overview of Dutch law for foreign lawyers. This Sixth Edition fully updates its systematic description of the legal sources, institutions, and concepts in all major fields of law. Recent developments covered include the progressive implementation of standards set by international conventions, the reorganization of the judiciary, the statute on environmental law, and the (re)codification of private international law. The continuing influence of European law is evident in many fields, perhaps most notably in family law. The various chapters are written by experts – scholars and lawyers – in particular fields, and provide an authoritative overview of each field. The historical sources of Dutch law are discussed, as well as Dutch legal culture, legal philosophy, judicial organization, legal education, and the legal profession. These chapters are followed by introductions to essential issues of private and public law and labour law. The last chapter examines financial law. The only resource of its kind available, this book is unmatched as a thorough guide to further research. It offers practitioners, particularly foreign lawyers, a quick and reliable way into any area of Dutch law that they may be required to research. It will also be of great value to comparatists (especially those studying the influence of European law on national legal systems), scholars, and students. Like previous editions, the Sixth Edition has been prepared under the auspices of the Netherlands Comparative Law Association.

Introduction to Dutch Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166661
Total Pages : 666 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Introduction to Dutch Law by : Jeroen Chorus

Download or read book Introduction to Dutch Law written by Jeroen Chorus and published by Kluwer Law International B.V.. This book was released on 2016-04-18 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: A standard legal resource since its first edition in 1978, this matchless book has proven itself the ideal overview of Dutch law for foreign lawyers. This Fifth Edition fully updates its systematic description of the legal sources, institutions, and concepts in all major fields of law. Recent developments covered include the progressive implementation of standards set by international conventions, the reorganization of the judiciary, the statute on environmental law, and the (re)codification of private international law. The continuing influence of European law is evident in many fields, perhaps most notably in family law. The various chapters are written by experts – scholars and lawyers – in particular fields, and provide an authoritative overview of each field. The historical sources of Dutch law are discussed, as well as Dutch legal culture, judicial organization, legal education, and the legal profession. These chapters are followed by introductions to essential issues of private and public law and labour law. The last chapter examines questions of legal philosophy. The only resource of its kind available, this book is unmatched as a thorough guide to further research. It offers practitioners, particularly foreign lawyers, a quick and reliable way into any area of Dutch law that they may be required to research. It will also be of great value to comparatists (especially those studying the influence of European law on national legal systems), scholars, and students. Like previous editions, the Fifth Edition has been prepared under the auspices of the Netherlands Comparative Law Association.

Precedent and the Law

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Author :
Publisher : Emile Bruylant
ISBN 13 :
Total Pages : 540 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Precedent and the Law by : E. H. Hondius

Download or read book Precedent and the Law written by E. H. Hondius and published by Emile Bruylant. This book was released on 2007 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the general report and the national reports on the subject "Precedent and the Law", which were submitted to the world congress of the International Academy of Comparative Law held in Utrecht in 2006. Precedent is often considered a major distinction mark between the civil law and the common law. But is this still the case? In common law jurisdictions the sharp edges of "stare decisis" seem to water down, whereas civil law jurisdictions now do admit that precedents - at least de facto - constitute a source of law. Convergence, however, would be too strong a word to characterise these tendencies. These reports throw light on this issue.

PUBLIC FINANCE: LEGAL ASPECTS

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Author :
Publisher : Yevhen Marynchak
ISBN 13 : 993457182X
Total Pages : 260 pages
Book Rating : 4.9/5 (345 download)

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Book Synopsis PUBLIC FINANCE: LEGAL ASPECTS by : Nadiia Pryshva

Download or read book PUBLIC FINANCE: LEGAL ASPECTS written by Nadiia Pryshva and published by Yevhen Marynchak. This book was released on 2019-04-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monograph “Public finance: legal aspects” is a paper written by the team of leading Ukrainian scholars in the sphere of finance law and initiated by Financial Law Center and Department of Financial Law of Taras Shevchenko National University of Kyiv. All monograph’s authors are representatives of Ukrainian financial law school which was founded by Lidiia Voronova. In memory of our Teacher, Financial Law Center was founded to study the problems of legal regulation of public finance, and this monograph was prepared. In the monograph, scholars presented their vision of solving the most topical problems at legal regulation of financial relationships. The concept of public financial activity is covered; the powers of bodies carrying out public financial activity in Ukraine are investigated; issues of the activities of local self-government bodies under the conditions of financial decentralization are considered; the concepts and features of public funds are determined; the content of public interest in tax law is presented, and the essence of the subject-matter of financial law is studied, etc. The monograph includes the following topics: Functions of financial law: theory and practice of the implementation (Emiliia Dmytrenko, Yurii Pyvovar); Modern world: a new approach to the legitimacy of public finance (Danil Getmantsev); Public interest and its realisation in tax law (Olena Hedziuk); Legal content of the concept “Public fund of means” (Nataliia Iakymchuk); Procedural norms in the financially-legal regulation (Liubov Kasianenko, Tamara Latkovska); Special aspects of legal status of state authorities that perform public financial activity (key challenges and the ways to address them) (Nataliia Kovalko); The financial nexus between an individual and a state (Yevhen Marynchak); General principles of financial law (Svitlana Nischymna); Basic theoretical problems of determining the place of financial law in the system of law (Sergii Ochkurenko); Target determination of financial and legal instrumentarium in the development of Ukrainian innovative policy (the issue of variable geometry) (Olena Orliuk); Finance and legal regulation of self-governing authorities activity under the conditions of decentralization (Nadiia Pryshva); Public and private financial control: limits of legal regulation (Lesia Savchenko); The emergence of central banks and finance-legal status of National Bank of Ukraine (Vladyslava Savenkova). The monograph will be useful to scholars, students and anyone who is interested in financial law issues. Recommended for publication by the Academic Council of Law Faculty of Taras Shevchenko National University of Kyiv

International Encyclopedia of Comparative Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024727872
Total Pages : 820 pages
Book Rating : 4.7/5 (278 download)

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Book Synopsis International Encyclopedia of Comparative Law by : Viktor Knapp

Download or read book International Encyclopedia of Comparative Law written by Viktor Knapp and published by Martinus Nijhoff Publishers. This book was released on 1983 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: