Law 587 results

The main aim of this thesis is therefore to determine whether the ICC is indeedsuffering from such a legitimacy crisis particularly within the African Union,and then by extension in Africa, and to subsequently explore and reduce thislegitimacy crisis under common identified legitimacy deficient fault lines.

This book deals with the current trend in investor-state arbitration, with a focus on the African continent.It looks more specifically at the new African Continental Free Trade Area (AfCFTA) and discusses how it can reshape the investor-state dispute system on the continent.

As contemporary legal regulation becomes more and more complex, the law becomes more fragmented. This book puts forward recommendations to promote the systemic nature of law. In addition to pro-systemic legal arguments, the book focuses on the foundations of law formed by underlying principles and values.

This book presents comparative perspectives based on findings presented in National Reports on the theme 'Plurality and Diversity in Law: Family Forms and Family's Functions'. The contributions focus on whether, and if so, how, family law recognises that a child can have multiple parents, and which family functions are recognised and favoured by the law.

Many large companies - like Bosch, Ikea and Novo-Nordisk - are owned by enterprise foundations. This book provides an overview of enterprise foundation law in six European countries and the US. The book explores enterprise foundation law in the seven aforementioned nations and analyzes how the law influences the prevalence and governance of enterprise foundations around the world.

This book addresses the pluralisation of family forms as an expression of the transformation of society and its normative foundations. Against a legal background, the development of diverse family concepts and practices is examined and the (severed) links between sexuality, gender and reproduction are explored.

This book is a groundbreaking comparative law analysis of the world's largest and most mature compensation funds, impacting nearly 22 million people in the four jurisdictions of Victoria (Australia), Quebec and Manitoba (Canada), and New Zealand. These funds operate in a way that turns tort law on its head, are financially stable and sustainable, and represent a true revolution in private law. The book takes important steps to further scientific knowledge of large alternative liability systems and goes beyond existing literature in the field.

This book concerns equality in personal status - absolute, anti-discrimination - and how formal protection was superseded by material, fuller protection. It discusses history - Latin America, then the French Revolution - and disciplines - philosophy, ethics, economics, sociology, systems theory - with their diverse views and moves into modern phenomena like digitalization.

This book explores how the public's right of access to environmental information is being used in practice and how far these uses, and the motives behind them, align with the aspiration of furthering environmental protection that lies behind the creation of this legal right.

The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe.

The volume collects all the relevant instruments in the field of EU private international law in family matters as completed by referencing all decisions issued by the CJEU on these Regulations.

In the past decades the coordination of social security provisions of the European Union have become of vital importance. This book gives a clear overview of the main lines and main developments of this significant part of EU law.

Article 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally 'horizontal' conflicts must be 'verticalised' in order to be admissible. Although such verticalised cases make up a large portion of the Court's case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention. To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court's approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one's surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court's current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.

This book is a collection of 66 essays on family law and family justice by academics and senior judges, celebrating the long and distinguished career of leading family law scholar, John Eekelaar, FBA.

Certain confidential lawyer-client communications are privileged from disclosure. Considering that these rules can differ from state to state, this book examines various states' disclosure laws and legal privilege rules in a comparative manner. It proposes a new rule that courts should use for determining the applicable privilege law during transnational litigation.

In family law proceedings, such as divorce, children are afforded the right to express their views and these must be considered seriously during the deliberation by the decision-maker. This book examines the international and European human rights frameworks through the lens of the child's right to participate.

This book examines the fascinating and turbulent development of Bulgarian private law from the end of the 19th century to the present day and highlights its particularities from a comparative perspective.

This book is the result of a long-term comparative research project on intellectual property. It unearths the thought patterns which are culturally, morally and historically imprinted across Europe and questions the common narratives of the distinctiveness of private and public law, contracts and property, and morality and the law.

This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-border circulation of protection measures.

This book provides a thorough account of states' obligations to prevent childhood obesity under the Convention on the Rights of the Child, focusing on restricting unhealthy food marketing to children. It also examines state obligations under the European Convention on Human Rights and EU law.