Some Kind of Justice

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Publisher : Oxford University Press
ISBN 13 : 019088228X
Total Pages : 352 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Some Kind of Justice by : Diane Orentlicher

Download or read book Some Kind of Justice written by Diane Orentlicher and published by Oxford University Press. This book was released on 2018-03-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunal's impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims' experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.

International Commercial Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526440
Total Pages : 5388 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Commercial Arbitration by : Gary B. Born

Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2020-11-23 with total page 5388 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.

International Tax Planning and Prevention of Abuse

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Author :
Publisher : IBFD
ISBN 13 : 9087220359
Total Pages : 1146 pages
Book Rating : 4.0/5 (872 download)

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Book Synopsis International Tax Planning and Prevention of Abuse by : Luc De Broe

Download or read book International Tax Planning and Prevention of Abuse written by Luc De Broe and published by IBFD. This book was released on 2008 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study considers how tax authorities attempt to strike down international tax avoidance structures, in particular those involving the use of conduit and base companies set up by third-country residents for purposes of "treaty shopping" and "EC-Directive shopping". The book focuses on the interaction between provisions and judicially developed doctrines of domestic tax law preventing international tax avoidance on the one hand, and norms of international law, in particular tax treaties and rules of Community law, on the other. It also considers treaty-based anti-avoidance measures such as the "beneficial ownership" requirement and "limitation on benefits" provisions. This part of the study compares and analyses the case law of Australia, Austria, Belgium, Canada, the Czech Republic, Finland, France, Germany, India, the Netherlands, Switzerland, the United Kingdom, and the United States.

Rules Judicially Considered

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Author :
Publisher :
ISBN 13 :
Total Pages : 906 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Rules Judicially Considered by :

Download or read book Rules Judicially Considered written by and published by . This book was released on 1999 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Brussels I Regulation

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866538898
Total Pages : 1001 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Brussels I Regulation by : Ulrich Magnus

Download or read book Brussels I Regulation written by Ulrich Magnus and published by Walter de Gruyter. This book was released on 2011-12-27 with total page 1001 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Every practitioner in the international field has to work with it - and its importance is still growing. The first edition of this full scale article-by-article commentary found a very warm reception. This new edition brings the book up to date, incorporating a host of developments in the four years since ist first appearance, combines in-depth analysis with a genuine and truly European perspective, authored by top experts from all over Europe, covers the jurisprudence of the ECJ and of the Member States, and integrates thorough discussion of the pending proposal for a Brussels Ibis Regulation. This truly European commentary offers invaluable guidance for lawyers, judges and academics throughout Europe.

The Theory and Practice of International Criminal Law

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Publisher : BRILL
ISBN 13 : 9004166319
Total Pages : 477 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Theory and Practice of International Criminal Law by : Leila Nadya Sadat

Download or read book The Theory and Practice of International Criminal Law written by Leila Nadya Sadat and published by BRILL. This book was released on 2008 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cherif Bassiouni" is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on "Cherif Bassiouni's" unique legacy within this important area. Among the contributing authors are "Louise Arbour," UN High Commissioner for Human Rights; "Mahnoush Arsanjani," Chief of the UN Office of Legal Affairs Codification Division; "Diane Orentlicher," UN Independent Expert on Combating Impunity; "Michael Reisman," former President of the Inter-American Commission for Human Rights; "Yves Sandoz," Director for International Law of the International Committee of the Red Cross; "William Schabas," Member of the Sierra Leone Truth Commission; "Brigitte Stern," Advocate for the Bosnians in the World Court's Genocide case; and "Prince Hassan bin Talal," first President of the Assembly of States Parties of the International Criminal Court.

The Apocalypse Code

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Publisher : HarperChristian + ORM
ISBN 13 : 1418567175
Total Pages : 331 pages
Book Rating : 4.4/5 (185 download)

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Book Synopsis The Apocalypse Code by : Hank Hanegraaff

Download or read book The Apocalypse Code written by Hank Hanegraaff and published by HarperChristian + ORM. This book was released on 2010-09-20 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hank Hanegraaff reveals the code to Revelation. Breaking the code of the book of Revelation has become an international obsession. The result, according to Hank Hanegraaff, has been rampant misreading of Scripture, bad theology, and even bad politics and foreign policy. Hanegraaff argues that the key to understanding the last book of the Bible is the other sixty-five books of the Bible — not current events or recent history and certainly not any complicated charts. The Apocalypse Code offers sane answers to some very controversial questions: What does it mean to take the book of Revelation (and the rest of the Bible) literally? Who are the “Antichrist” and the “Great Whore of Babylon,” and what is the real meaning of “666”? How does our view of the end times change the way we think about the crisis in the Middle East? Are two-thirds of all Jews really headed for an apocalyptic holocaust? The Apocalypse Code is a call to understand what the Bible really says about the end times and why how we understand it matters so much in today’s world. “Provocative and passionate, this fascinating book is a must-read for everyone who’s interested in end-times controversies.” — Lee Strobel, Author, The Case for the Real Jesus “ This book is a withering and unrelenting critique of the positions of apocalyptic enthusiasts — Tim LaHaye. Every fan of the Left Behind series should read this book. The fog will clear, and common sense will return to our reading of the Bible.” — Gary M. Burge, Professor of New Testament, Wheaton College and Graduate School.

The Browns of California

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Author :
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1632867338
Total Pages : 523 pages
Book Rating : 4.6/5 (328 download)

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Book Synopsis The Browns of California by : Miriam Pawel

Download or read book The Browns of California written by Miriam Pawel and published by Bloomsbury Publishing USA. This book was released on 2018-09-04 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Miriam Pawel’s fascinating book . . . illuminates the sea change in the nation’s politics in the last half of the 20th century."--New York Times Book Review California Book Award Gold Medal Winner * Finalist for the Los Angeles Times Book Prize * A Los Angeles Times Bestseller * San Francisco Chronicle's "Best Books of the Year" List * Publishers Weekly Top Ten History Books for Fall * Berkeleyside Best Books of the Year * Shortlisted for NCIBA Golden Poppy Award A Pulitzer Prize–winning journalist's panoramic history of California and its impact on the nation, from the Gold Rush to Silicon Valley--told through the lens of the family dynasty that led the state for nearly a quarter century. Even in the land of reinvention, the story is exceptional: Pat Brown, the beloved father who presided over California during an era of unmatched expansion; Jerry Brown, the cerebral son who became the youngest governor in modern times--and then returned three decades later as the oldest. In The Browns of California, journalist and scholar Miriam Pawel weaves a narrative history that spans four generations, from August Schuckman, the Prussian immigrant who crossed the Plains in 1852 and settled on a northern California ranch, to his great-grandson Jerry Brown, who reclaimed the family homestead one hundred forty years later. Through the prism of their lives, we gain an essential understanding of California and an appreciation of its importance. The magisterial story is enhanced by dozens of striking photos, many published for the first time. This book gives new insights to those steeped in California history, offers a corrective for those who confuse stereotypes and legend for fact, and opens new vistas for readers familiar with only the sketchiest outlines of a place habitually viewed from afar with a mix of envy and awe, disdain, and fascination.

International Law and Domestic Legal Systems

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191018511
Total Pages : 752 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis International Law and Domestic Legal Systems by : Dinah Shelton

Download or read book International Law and Domestic Legal Systems written by Dinah Shelton and published by OUP Oxford. This book was released on 2011-09-29 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: Different countries incorporate and interpret international law in different ways. This book provides a systematic analysis of the domestic constitutional regime of over two dozen countries, setting out the status accorded to international law in those countries and its normative weight, as well as problems relating to its implementation. This country-by-country comparison allows the book to examine how the international legal order and domestic legal systems interact and influence each other. Through a series of chapters on the role of international law in 27 countries throughout the world, it shows a growing tendency towards greater democratic participation in treaty-making coupled with a significant utilization of informal agreements that by-pass such participation, as well as a role for non-binding normative instruments as persuasive authority in domestic judicial decision-making. The chapters suggest a stronger attachment to international law in legal systems that have survived a period of repression, resulting in many cases in a higher normative status for international human rights instruments in those states. The impact of the European Union on the constitutional order of its member states is also examined.

Product Liability

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191669946
Total Pages : 1112 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Product Liability by : Duncan Fairgrieve

Download or read book Product Liability written by Duncan Fairgrieve and published by Oxford University Press. This book was released on 2020-05-20 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

Fundamental Rights in European Contract Law

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Author :
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.

The Law of State Immunity

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191669768
Total Pages : 3290 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Law of State Immunity by : Hazel Fox

Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 3290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.

Pension Answer Book 2015e

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Author :
Publisher : Wolters Kluwer
ISBN 13 : 1454842962
Total Pages : 2358 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Pension Answer Book 2015e by : Stephen J. Krass

Download or read book Pension Answer Book 2015e written by Stephen J. Krass and published by Wolters Kluwer. This book was released on 2014-11-05 with total page 2358 pages. Available in PDF, EPUB and Kindle. Book excerpt: i>The 2015 Pension Answer Book covers the most recent legislative, regulatory, and case law developments so you're never without the information you need to detect compliance and regulatory issues - ensuring you make the right decisions and avoid potential problems. The 2015 Pension Answer Book is a library unto itself, probing, explicating, and elucidating the most recent laws, regulations, private rulings, and court decisions that affect retirement plans. The advantages of owning this reference source are apparent after the very first consultation. Don't deny yourself and your clients this valuable research tool. Exclusive Q&A Format! The 2015 Pension Answer Book is not only comprehensive in scope, but remarkably accessible, too. Clear, jargon-free language and an efficient question-and-answer format combine to speed your research every time. No wonder it's found on the desks of professionals and academics alike. Always Up-To-Date...Always Accurate! Renowned pension expert Stephen J. Krass provides rigorous updates that regularly re-establish this remarkable volume as the definitive work of its kind. No matter what type of defined benefit, defined contribution or combo plan you're working with, The 2015 Pension Answer Book will give you the up-to-date, reliable answers you need. The 2015 Pension Answer Book has been fully updated to reflect the changes made by the Revenue Rulings, Revenue Procedures, Notices, Announcements, and Private Letter Rulings issued by IRS, Opinion Letters and Interpretive Bulletins issued by DOL, final and proposed regulations issued by both IRS and DOL, and important case decisions. The 2015 Pension Answer Book has been fully updated to reflect the changes made by the Revenue Rulings, Revenue Procedures, Notices, Announcements, and Private Letter Rulings issued by IRS, Opinion Letters and Interpretive Bulletins issued by DOL, final and proposed regulations issued by both IRS and DOL, and important case decisions. Specifically, The 2015 Pension Answer Book discusses the following: IRS further guidance on the application of the Windsor decision Final regulations on hybrid deferred benefit plans Proposed regulations on market rate of return requirement Notice providing temporary nondiscrimination relief for certain closed defined benefit plans For 2014, increases in the dollar limitation applicable to the annual retirement benefit under a defined benefit plan ($210,000), the annual addition under a defined contribution plan ($52,000), and compensation ($260,000) Self-employed individual's plan contribution deduction Updated covered compensation tables More IRS rulings on minimum funding waivers Changes to segment rates under HATFA More on the anti-cutback rule More IRS rulings on required minimum distributions And much more!

The Recovery of Non-Pecuniary Loss in European Contract Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316300684
Total Pages : 535 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis The Recovery of Non-Pecuniary Loss in European Contract Law by : Vernon V. Palmer

Download or read book The Recovery of Non-Pecuniary Loss in European Contract Law written by Vernon V. Palmer and published by Cambridge University Press. This book was released on 2015-07-02 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.

Energy, Waste and the Environment

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Author :
Publisher : Geological Society of London
ISBN 13 : 9781862391673
Total Pages : 694 pages
Book Rating : 4.3/5 (916 download)

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Book Synopsis Energy, Waste and the Environment by : R. Gieré

Download or read book Energy, Waste and the Environment written by R. Gieré and published by Geological Society of London. This book was released on 2004 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides incentives for further development of sustainable fuel cycles through a novel and interdisciplinary approach to an Earth science-related topic. The main focus is on geochemical concepts in immobilizing, isolating or neutralizing waste derived from energy production and consumption. The book also addresses the issue of using some types of energy-derived waste as alternative raw materials. Moreover, it highlights research on how certain wastes can be used for energy production, an increasingly important aspect of modern integrated waste management strategies. The main objectives are to: (a) identify the most serious environmental problems related to various types of power generation and associated waste accumulation; (b) present strategies, based on natural analogue materials, for the immobilization of toxic and radioactive waste components through mineralogical barriers; (c) discuss modern procedures for reuse of waste or certain waste components; and (d) review the importance of geochemical modelling in describing and predicting the interaction between waste and the environment.

International Dispute Resolution and the Public Policy Exception

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Author :
Publisher : Routledge
ISBN 13 : 1317292839
Total Pages : 169 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis International Dispute Resolution and the Public Policy Exception by : Farshad Ghodoosi

Download or read book International Dispute Resolution and the Public Policy Exception written by Farshad Ghodoosi and published by Routledge. This book was released on 2016-06-10 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

The International Library of Essays on Capital Punishment, Volume 3

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Author :
Publisher : Routledge
ISBN 13 : 1351887475
Total Pages : 784 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis The International Library of Essays on Capital Punishment, Volume 3 by : Peter Hodgkinson

Download or read book The International Library of Essays on Capital Punishment, Volume 3 written by Peter Hodgkinson and published by Routledge. This book was released on 2016-12-05 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides analyses of a range of subjects and issues in the death penalty debate, from medicine to the media. The essays address in particular the personal complexities of those involved, a fundamental part of the subject usually overridden by the theoretical and legal aspects of the debate. The unique personal vantage offered by this volume makes it essential reading for anyone interested in going beyond the removed theoretical understanding of the death penalty, to better comprehending its fundamental humanity. Additionally, the international range of the analysis, enabling disaggregation of country specific motivations, ensures the complexities of the death penalty are also considered from a global perspective.