Author: Thales Morais Da Costa, Michel Storck, Gustavo Vieira Da Costa Cerqueira
Publisher: Editions L'Harmattan
Ces contributions abordent les aspects fondamentaux des droits français et brésilien sous le prisme du rapport entre liberté et interventionnisme de l'Etat. D'importantes branches des droits public, privé et international y sont traitées et ces interventions sont enrichies par des commentaires de professeurs.
Author: Susanne Kalss
This book is one of the first to link company law to the law of succession by concentrating on family businesses. It shows that, to understand the legal framework underlying the daily operations of family businesses, one needs legal analysis, empirical data, psychological and sociological knowledge. The book works on the premise that, since many businesses have been founded by families, practitioners need to develop an understanding of the legal background of such businesses and build up experience to be able to create contracts, trusts, foundations and other legal mechanisms to give shape to systems and procedures for the transfer of shares and control within the family. Comparing the national legal order, techniques, and mechanisms in a range of countries, the book examines parallel developments in these fields of law across the world. Finally, it demonstrates the room for companies, shareholders and the members of a family to develop individual solutions within the legal framework for transferring businesses and shares to the next generation.
Author: Nicolas Nord, Gustavo Cerqueira
This book provides an in-depth study of Private International Law reasoning in the field of international sale of goods contracts. It connects the dots between European and Chinese law and offers an unprecedented transversal and comparative legal study on the matter. Its main purpose is to identify the consequences of European rules on Chinese companies and vice versa. The first part addresses the conflict of jurisdiction and conflict of law rules, while the second part discusses in detail the practical importance and the impact of arbitration, which is becoming more common thanks to its flexibility. The third part focuses on the Vienna Convention on Contracts for the International Sale of Goods and the Unidroit Principles of International Commercial Contracts and carefully analyses their use. The final part examines contracts involving consumers.
Author: Paula Wojcikiewicz Almeida, Jean-Marc Sorel
This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.
Author: Lilian Richieri Hanania
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE’s call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.
Author: Aniceto Masferrer
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Author: Lionel Neville Brown, John Bell, Jean-Michel Galabert
Publisher: Oxford University Press
This new edition of the leading English-language text in its field offers a complete and current overview of droit administratif, which is regarded (alongside the Napoleonic Code) as the most notable achievement of French legal science. The book includes eleven expanded appendices--with statistics, model pleadings, and other illustrations--and will prove an invaluable source for information on the courts, their procedures, and their case-loads. The approach throughout the volume is comparative, with many references to developments in UK common law and in the EC institutions.
Author: Anthony Giddens
Publisher: John Wiley & Sons
The social sciences have long been based upon contrasts drawn between the 'militaristic' societies of the past, and the 'capitalist' or 'industrial' societies of the present. But how valid are such contrasts, given that the current era is one stamped by the impact of war and by the intensive development of sophisticated weaponry? In setting out to address this and similar questions, this book investigates issues that have been substantially neglected by those working in sociology and social theory. Anthony Giddens offers a sociological analysis of the nature of the modern nation-state and its association with the means of waging war. His analysis is connected in a detailed way to problems that have traditionally preoccupied sociologists - the impact of capitalism and industrialism upon social development in the modern period. The result is a theory both of the institutional parameters of modernity and of the nature of international relations. The book is a sequel to the author's much discussed Contemporary Critique of Historical Materialism. The framework of social theory outlined in that work is here elucidated in a systematic and thorough-going fashion. The novel and provocative ideas which the author develops will interest those working in a wide variety of disciplines: sociology, politics, geography and international affairs.
Author: Sheela Saravanan
This book takes a reproductive justice approach to argue that surrogacy as practised in the contemporary neoliberal biomarkets crosses the humanitarian thresholds of feminism. Drawing on her ethnographic work with surrogate mothers, intended parents and medical practitioners in India, the author shows the dark connections between poverty, gender, human rights violations and indignity in the surrogacy market. In a developing country like India, bio-technologies therefore create reproductive objects of certain female bodies while promoting an image of reproductive liberation for others. India is a classic example for how far these biomarkets can exploit vulnerabilities for individual requirements in the garb of reproductive liberty. This critical book refers to a range of liberal, radical and postcolonial feminist frameworks on surrogacy, and questions the individual reproductive rights perspective as an approach to examine global surrogacy. It introduces ‘humanitarian feminism’ as an alternative concept to bridge feminist factions divided on contextual and ideological grounds. It hopes to build a global feminist solidarity drawing on a ‘reproductive justice’ approach by recognizing the histories of race, class, gender, sexuality, ability, age and immigration oppression in all communities. This work is of interest to researchers and students of medical sociology and anthropology, gender studies, bioethics, and development studies.
Author: Ronald J. Pestritto, Thomas G. West
Publisher: Lexington Books
Unlike many other books about the American founding, this new work by two of the most prominent scholars of American political history emphasizes the coherence and intelligibility of the social compact theory. Social compact theory, the idea that government must be based on an agreement between those who govern and those who consent to be governed, was one of the Founders' few unifying philosophical positions, and it transcended the partisan politics of that era. Contributors to this volume present a comprehensive overview of the social compact theory, discussing its European philosophical origins, the development of the theory into the basis of the fledgling government, and the attitudes of some of the founders toward the theory and its traditional proponents. The authors argue forcefully and convincingly that the political ideas of the American Founders cannot be properly understood without understanding social compact theory and the exalted place it held in the construction of the American system of government.
Author: Francesco Palermo, Karl Kössler
Publisher: Bloomsbury Publishing
This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book's two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. "This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume.†? Professor G Alan Tarr, Rutgers University "Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries.†? Professor Balveer Arora, Jawaharlal Nehru University New Delhi "This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field.†? Professor Cheryl Saunders, The University of Melbourne "This is a remarkable book – for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kössler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges.†? Professor Nico Steytler, University of the Western Cape
Author: Maristela Basso, Edson Beas Rodrigues, Jr.
Publisher: Kluwer Law International
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Brazil . It covers every type of intellectual property right in depth
Author: David Dyzenhaus
Publisher: Hart Publishing
This book tackles the important topic of the relationship between three parts of the public law regime in a common law jurisdiction: the common law of judicial review or the unwritten constitution, the written constitution and public international law. Thematic coherence is ensured by the fact that the papers were presented at a conference in early 2003 and then extensively revised, and by a general focus on a path-breaking decision of Canada's Supreme Court (Baker). The book thus contains a highly productive exchange between an international group of scholars on such themes as the rule of law, judicial deference, the separation of powers, the role of human rights in common law reasoning on immigration and security matters, and the nature of legal authority.
Author: Henry Melvin Hart, Albert Martin Sacks, William N. Eskridge, Philip P. Frickey
Hart & Sacks' The Legal Process: Basic Problems in the Making and Application of Law provides detailed information on the making and application of law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series; , it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.